Illinois 95th Regular Session Status: Passed Senate

SB 2912 — DEPT OF REVENUE-ADMINISTRATIVE

Last action — Session Sine Die

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  1. ✓
    Introduced
  2. ✓
    In Committee
  3. 3
    Passed Senate
  4. 4
    Passed House
  5. 5
    To Executive
  6. 6
    Enacted

This bill died with 95th Regular Session. It reached “Passed Senate” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.

This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.

Summary

Amends the Department of Revenue Law of the Civil Administrative Code of Illinois to provide that, if the Department determines that an overpayment has occurred on an original return filed under specified tax Acts, it shall issue a credit memorandum to the taxpayer without the necessity of the taxpayer filing a claim for credit. Amends Illinois State Collection Act of 1986 to remove provisions concerning the Debt Collection Board and makes conforming changes in the Illinois Procurement Code. Amends the Illinois Income Tax Act to (i) include a tax credit to a taxpayer who was required to add back insurance premiums in the amount equal to the amount of any reimbursement received from the insurance company for any loss covered by a policy for which those premiums were paid, to the extent of the federal income tax deduction that would have been allowable for the loss in computing adjusted gross income if not for the reimbursement and (ii) make various administrative and technical changes. Amends various Acts governing units of local governments to exempt the sale of modifications to a motor vehicle for the purpose of rendering it usable by a disabled person from certain taxes imposed by the units of local government. Makes other changes. Effective immediately.

Bill Text

What changed in the latest version

3495 added · 3702 removed

Plain-language change summary

The recent changes to Bill SB 2912 simplify the process for taxpayers to receive credit for overpayments on certain tax returns. Now, if the Department of Revenue identifies an overpayment, it will issue a credit automatically, so taxpayers won't need to file a separate claim. Additionally, the bill introduces a new tax credit for taxpayers who paid insurance premiums but received reimbursements, helping them to better calculate their taxable income. These updates are significant as they aim to make tax processes easier and more fair for individuals, particularly those with disabilities.

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*LRB09518331BDD44415b* SB2912 95TH GENERAL ASSEMBLY State of Illinois and 2008 SB2912 Introduced 2/15/2008, by Sen.
SB2912 Engrossed LRB095 18331 BDD 44415 b AN ACT concerning revenue.
Michael Noland SYNOPSIS AS INTRODUCED:
See Index Amends the Department of Revenue Law of the Civil Administrative Code of Illinois to provide that, if the Department determines that an overpayment has occurred on an original return filed under specified tax Acts, it shall issue a credit memorandum to the taxpayer without the necessity of the taxpayer filing a claim for credit.
Amends Illinois State Collection Act of 1986 to remove provisions concerning the Debt Collection Board and makes conforming changes in the Illinois Procurement Code.
Amends the Illinois Income Tax Act to (i) include a tax credit to a taxpayer who was required to add back insurance premiums in the amount equal to the amount of any reimbursement received from the insurance company for any loss covered by a policy for which those premiums were paid, to the extent of the federal income tax deduction that would have been allowable for the loss in computing adjusted gross income if not for the reimbursement and (ii) make various administrative and technical changes.
Amends various Acts governing units of local governments to exempt the sale of modifications to a motor vehicle for the purpose of rendering it usable by a disabled person from certain taxes imposed by the units of local government.
Makes other changes.
Effective immediately.
LRB095 18331 BDD 44415 b FISCAL NOTE ACT MAY APPLY A BILL FOR SB2912 LRB095 18331 BDD 44415 b AN ACT concerning revenue.
The time period during SB2912 - 2 - LRB095 18331 BDD 44415 b which the Department may issue a credit memorandum under this Section shall be limited to the period of 3 years from the date of the overpayment by the taxpayer.
The time period during SB2912 Engrossed - 2 - LRB095 18331 BDD 44415 b which the Department may issue a credit memorandum under this Section shall be limited to the period of 3 years from the date of the overpayment by the taxpayer.
For purposes of this Section, the term "affiliate" means any entity that (1) directly, indirectly, or SB2912 - 3 - LRB095 18331 BDD 44415 b constructively controls another entity, (2) is directly, indirectly, or constructively controlled by another entity, or (3) is subject to the control of a common entity.
For purposes of this Section, the term "affiliate" means any entity that (1) directly, indirectly, or SB2912 Engrossed - 3 - LRB095 18331 BDD 44415 b constructively controls another entity, (2) is directly, indirectly, or constructively controlled by another entity, or (3) is subject to the control of a common entity.
(a) If any contract is entered into or purchase or expenditure of funds is made in violation of this Code or any SB2912 - 4 - LRB095 18331 BDD 44415 b other law, the contract may be declared void by the chief procurement officer or may be ratified and affirmed, provided the chief procurement officer determines that ratification is in the best interests of the State.
(a) If any contract is entered into or purchase or expenditure of funds is made in violation of this Code or any SB2912 Engrossed - 4 - LRB095 18331 BDD 44415 b other law, the contract may be declared void by the chief procurement officer or may be ratified and affirmed, provided the chief procurement officer determines that ratification is in the best interests of the State.
The Illinois Income Tax Act is amended by changing Sections 201, 203, 204, 205, 214, 304, 502, 506, 601, 701, 702, 703, 704A, 804, 909, 911, 917, 1002, and 1101 as follows:
The Illinois Income Tax Act is amended by changing Sections 201, 203, 204, 205, 214, 304, 502, 506, 601, 701, 702, 703, 704A, 804, 909, 911, 1002, 1101, and 1405.4 as follows:
SB2912 - 5 - LRB095 18331 BDD 44415 b (35 ILCS 5/201) (from Ch.
SB2912 Engrossed - 5 - LRB095 18331 BDD 44415 b (35 ILCS 5/201) (from Ch.
(3) In the case of an individual, trust or estate, for taxable years beginning after June 30, 1989, an amount equal to 3% of the taxpayer’s net income for the taxable SB2912 - 6 - LRB095 18331 BDD 44415 b year.
(3) In the case of an individual, trust or estate, for taxable years beginning after June 30, 1989, an amount equal to 3% of the taxpayer’s net income for the taxable SB2912 Engrossed - 6 - LRB095 18331 BDD 44415 b year.
The Personal Property Tax Replacement Income Tax shall be in addition to the income tax imposed by subsections (a) and (b) of this Section and in SB2912 - 7 - LRB095 18331 BDD 44415 b addition to all other occupation or privilege taxes imposed by this State or by any municipal corporation or political subdivision thereof.
The Personal Property Tax Replacement Income Tax shall be in addition to the income tax imposed by subsections (a) and (b) of this Section and in SB2912 Engrossed - 7 - LRB095 18331 BDD 44415 b addition to all other occupation or privilege taxes imposed by this State or by any municipal corporation or political subdivision thereof.
In the case of a foreign insurer, as defined by Section 35A-5 of the Illinois Insurance Code, whose state or country of domicile imposes on insurers domiciled in Illinois a retaliatory tax (excluding any insurer whose premiums from reinsurance assumed are 50% or more of its total insurance premiums as determined under paragraph (2) of subsection (b) of Section 304, except that for purposes of this determination premiums from reinsurance do not include premiums from inter-affiliate reinsurance arrangements), beginning with taxable years ending on or after December 31, 1999, the sum of the rates of tax SB2912 - 8 - LRB095 18331 BDD 44415 b imposed by subsections (b) and (d) shall be reduced (but not increased) to the rate at which the total amount of tax imposed under this Act, net of all credits allowed under this Act, shall equal (i) the total amount of tax that would be imposed on the foreign insurer’s net income allocable to Illinois for the taxable year by such foreign insurer’s state or country of domicile if that net income were subject to all income taxes and taxes measured by net income imposed by such foreign insurer’s state or country of domicile, net of all credits allowed or (ii) a rate of zero if no such tax is imposed on such income by the foreign insurer’s state of domicile.
In the case of a foreign insurer, as defined by Section 35A-5 of the Illinois Insurance Code, whose state or country of domicile imposes on insurers domiciled in Illinois a retaliatory tax (excluding any insurer whose premiums from reinsurance assumed are 50% or more of its total insurance premiums as determined under paragraph (2) of subsection (b) of Section 304, except that for purposes of this determination premiums from reinsurance do not include premiums from inter-affiliate reinsurance arrangements), beginning with taxable years ending on or after December 31, 1999, the sum of the rates of tax SB2912 Engrossed - 8 - LRB095 18331 BDD 44415 b imposed by subsections (b) and (d) shall be reduced (but not increased) to the rate at which the total amount of tax imposed under this Act, net of all credits allowed under this Act, shall equal (i) the total amount of tax that would be imposed on the foreign insurer’s net income allocable to Illinois for the taxable year by such foreign insurer’s state or country of domicile if that net income were subject to all income taxes and taxes measured by net income imposed by such foreign insurer’s state or country of domicile, net of all credits allowed or (ii) a rate of zero if no such tax is imposed on such income by the foreign insurer’s state of domicile.
(A) the total amount of tax imposed on such foreign insurer under this Act for a taxable year, net of all credits allowed under this Act, plus (B) the privilege tax imposed by Section 409 of the Illinois Insurance Code, the fire insurance company tax imposed by Section 12 of the Fire Investigation Act, and the fire department taxes imposed under Section 11-10-1 of the Illinois Municipal Code, equals 1.25% for taxable years ending prior to December 31, 2003, or 1.75% for taxable years ending on or after SB2912 - 9 - LRB095 18331 BDD 44415 b December 31, 2003, of the net taxable premiums written for the taxable year, as described by subsection (1) of Section 409 of the Illinois Insurance Code.
(A) the total amount of tax imposed on such foreign insurer under this Act for a taxable year, net of all credits allowed under this Act, plus (B) the privilege tax imposed by Section 409 of the Illinois Insurance Code, the fire insurance company tax imposed by Section 12 of the Fire Investigation Act, and the fire department taxes imposed under Section 11-10-1 of the Illinois Municipal Code, equals 1.25% for taxable years ending prior to December 31, 2003, or 1.75% for taxable years ending on or after SB2912 Engrossed - 9 - LRB095 18331 BDD 44415 b December 31, 2003, of the net taxable premiums written for the taxable year, as described by subsection (1) of Section 409 of the Illinois Insurance Code.
There shall be allowed an additional credit equal to .5% of the basis of qualified property placed in service during the taxable year, provided such property is placed in service on or after July 1, 1986, and the taxpayer’s base employment within Illinois has increased by 1% or more over the preceding SB2912 - 10 - LRB095 18331 BDD 44415 b year as determined by the taxpayer’s employment records filed with the Illinois Department of Employment Security.
There shall be allowed an additional credit equal to .5% of the basis of qualified property placed in service during the taxable year, provided such property is placed in service on or after July 1, 1986, and the taxpayer’s base employment within Illinois has increased by 1% or more over the preceding SB2912 Engrossed - 10 - LRB095 18331 BDD 44415 b year as determined by the taxpayer’s employment records filed with the Illinois Department of Employment Security.
For tax years ending on or after December 31, 1987, and on or before December 31, 1988, the credit shall be allowed for the tax year in which the property is placed in service, or, if the amount of the credit exceeds the tax liability for that year, whether it exceeds the original liability or the liability as later amended, such excess may be carried forward and applied to the tax liability of the 5 taxable years following the SB2912 - 11 - LRB095 18331 BDD 44415 b excess credit years if the taxpayer (i) makes investments which cause the creation of a minimum of 2,000 full-time equivalent jobs in Illinois, (ii) is located in an enterprise zone established pursuant to the Illinois Enterprise Zone Act and (iii) is certified by the Department of Commerce and Community Affairs (now Department of Commerce and Economic Opportunity) as complying with the requirements specified in clause (i) and (ii) by July 1, 1986.
For tax years ending on or after December 31, 1987, and on or before December 31, 1988, the credit shall be allowed for the tax year in which the property is placed in service, or, if the amount of the credit exceeds the tax liability for that year, whether it exceeds the original liability or the liability as later amended, such excess may be carried forward and applied to the tax liability of the 5 taxable years following the SB2912 Engrossed - 11 - LRB095 18331 BDD 44415 b excess credit years if the taxpayer (i) makes investments which cause the creation of a minimum of 2,000 full-time equivalent jobs in Illinois, (ii) is located in an enterprise zone established pursuant to the Illinois Enterprise Zone Act and (iii) is certified by the Department of Commerce and Community Affairs (now Department of Commerce and Economic Opportunity) as complying with the requirements specified in clause (i) and (ii) by July 1, 1986.
(A) is tangible, whether new or used, including SB2912 - 12 - LRB095 18331 BDD 44415 b buildings and structural components of buildings and signs that are real property, but not including land or improvements to real property that are not a structural component of a building such as landscaping, sewer lines, local access roads, fencing, parking lots, and other appurtenances;
(A) is tangible, whether new or used, including SB2912 Engrossed - 12 - LRB095 18331 BDD 44415 b buildings and structural components of buildings and signs that are real property, but not including land or improvements to real property that are not a structural component of a building such as landscaping, sewer lines, local access roads, fencing, parking lots, and other appurtenances;
(3) For purposes of this subsection (e), "manufacturing" means the material staging and production of tangible personal property by procedures commonly SB2912 - 13 - LRB095 18331 BDD 44415 b regarded as manufacturing, processing, fabrication, or assembling which changes some existing material into new shapes, new qualities, or new combinations.
(3) For purposes of this subsection (e), "manufacturing" means the material staging and production of tangible personal property by procedures commonly SB2912 Engrossed - 13 - LRB095 18331 BDD 44415 b regarded as manufacturing, processing, fabrication, or assembling which changes some existing material into new shapes, new qualities, or new combinations.
Such increase shall be determined by (i) SB2912 - 14 - LRB095 18331 BDD 44415 b recomputing the investment credit which would have been allowed for the year in which credit for such property was originally allowed by eliminating such property from such computation and, (ii) subtracting such recomputed credit from the amount of credit previously allowed.
Such increase shall be determined by (i) SB2912 Engrossed - 14 - LRB095 18331 BDD 44415 b recomputing the investment credit which would have been allowed for the year in which credit for such property was originally allowed by eliminating such property from such computation and, (ii) subtracting such recomputed credit from the amount of credit previously allowed.
If the partnership makes that election, those credits shall be allocated among the partners in the partnership in accordance with the rules set forth in Section 704(b) of the Internal Revenue Code, and the rules promulgated under that Section, and the allocated amount of the credits shall be allowed to the partners for that SB2912 - 15 - LRB095 18331 BDD 44415 b taxable year.
If the partnership makes that election, those credits shall be allocated among the partners in the partnership in accordance with the rules set forth in Section 704(b) of the Internal Revenue Code, and the rules promulgated under that Section, and the allocated amount of the credits shall be allowed to the partners for that SB2912 Engrossed - 15 - LRB095 18331 BDD 44415 b taxable year.
(1) A taxpayer shall be allowed a credit against the tax imposed by subsections (a) and (b) of this Section for investment in qualified property which is placed in service in an Enterprise Zone created pursuant to the Illinois Enterprise Zone Act or, for property placed in service on or after July 1, 2006, a River Edge Redevelopment Zone SB2912 - 16 - LRB095 18331 BDD 44415 b established pursuant to the River Edge Redevelopment Zone Act.
(1) A taxpayer shall be allowed a credit against the tax imposed by subsections (a) and (b) of this Section for investment in qualified property which is placed in service in an Enterprise Zone created pursuant to the Illinois Enterprise Zone Act or, for property placed in service on or after July 1, 2006, a River Edge Redevelopment Zone SB2912 Engrossed - 16 - LRB095 18331 BDD 44415 b established pursuant to the River Edge Redevelopment Zone Act.
If there is credit from more than one tax year that is available to offset a liability, the credit SB2912 - 17 - LRB095 18331 BDD 44415 b accruing first in time shall be applied first.
If there is credit from more than one tax year that is available to offset a liability, the credit SB2912 Engrossed - 17 - LRB095 18331 BDD 44415 b accruing first in time shall be applied first.
SB2912 - 18 - LRB095 18331 BDD 44415 b (5) The term "placed in service" shall have the same meaning as under Section 46 of the Internal Revenue Code.
SB2912 Engrossed - 18 - LRB095 18331 BDD 44415 b (5) The term "placed in service" shall have the same meaning as under Section 46 of the Internal Revenue Code.
(7) There shall be allowed an additional credit equal to 0.5% of the basis of qualified property placed in service during the taxable year in a River Edge Redevelopment Zone, provided such property is placed in service on or after July 1, 2006, and the taxpayer’s base employment within Illinois has increased by 1% or more over the preceding year as determined by the taxpayer’s SB2912 - 19 - LRB095 18331 BDD 44415 b employment records filed with the Illinois Department of Employment Security.
(7) There shall be allowed an additional credit equal to 0.5% of the basis of qualified property placed in service during the taxable year in a River Edge Redevelopment Zone, provided such property is placed in service on or after July 1, 2006, and the taxpayer’s base employment within Illinois has increased by 1% or more over the preceding year as determined by the taxpayer’s SB2912 Engrossed - 19 - LRB095 18331 BDD 44415 b employment records filed with the Illinois Department of Employment Security.
(A) the taxpayer must hire 5 or more eligible employees to work in an enterprise zone, River Edge Redevelopment Zone, or federally designated Foreign SB2912 - 20 - LRB095 18331 BDD 44415 b Trade Zone or Sub-Zone during the taxable year;
(A) the taxpayer must hire 5 or more eligible employees to work in an enterprise zone, River Edge Redevelopment Zone, or federally designated Foreign SB2912 Engrossed - 20 - LRB095 18331 BDD 44415 b Trade Zone or Sub-Zone during the taxable year;
(C) Employed in the enterprise zone, River Edge SB2912 - 21 - LRB095 18331 BDD 44415 b Redevelopment Zone, or Foreign Trade Zone or Sub-Zone.
(C) Employed in the enterprise zone, River Edge SB2912 Engrossed - 21 - LRB095 18331 BDD 44415 b Redevelopment Zone, or Foreign Trade Zone or Sub-Zone.
SB2912 - 22 - LRB095 18331 BDD 44415 b (6) The credit shall be available for eligible employees hired on or after January 1, 1986.
SB2912 Engrossed - 22 - LRB095 18331 BDD 44415 b (6) The credit shall be available for eligible employees hired on or after January 1, 1986.
The credit for additional investments beyond the minimum investment by a designated high impact business authorized under subdivision (a)(3)(A) of Section 5.5 of the Illinois SB2912 - 23 - LRB095 18331 BDD 44415 b Enterprise Zone Act shall be available only in the taxable year in which the property is placed in service and shall not be allowed to the extent that it would reduce a taxpayer’s liability for the tax imposed by subsections (a) and (b) of this Section to below zero.
The credit for additional investments beyond the minimum investment by a designated high impact business authorized under subdivision (a)(3)(A) of Section 5.5 of the Illinois SB2912 Engrossed - 23 - LRB095 18331 BDD 44415 b Enterprise Zone Act shall be available only in the taxable year in which the property is placed in service and shall not be allowed to the extent that it would reduce a taxpayer’s liability for the tax imposed by subsections (a) and (b) of this Section to below zero.
(B) is depreciable pursuant to Section 167 of the Internal Revenue Code, except that "3-year property" as defined in Section 168(c)(2)(A) of that Code is not eligible for the credit provided by this subsection SB2912 - 24 - LRB095 18331 BDD 44415 b (h);
(B) is depreciable pursuant to Section 167 of the Internal Revenue Code, except that "3-year property" as defined in Section 168(c)(2)(A) of that Code is not eligible for the credit provided by this subsection SB2912 Engrossed - 24 - LRB095 18331 BDD 44415 b (h);
Such increase shall be determined by (i) recomputing the investment credit which would have SB2912 - 25 - LRB095 18331 BDD 44415 b been allowed for the year in which credit for such property was originally allowed by eliminating such property from such computation, and (ii) subtracting such recomputed credit from the amount of credit previously allowed.
Such increase shall be determined by (i) recomputing the investment credit which would have SB2912 Engrossed - 25 - LRB095 18331 BDD 44415 b been allowed for the year in which credit for such property was originally allowed by eliminating such property from such computation, and (ii) subtracting such recomputed credit from the amount of credit previously allowed.
This credit shall be computed by multiplying the tax imposed by subsections (c) and (d) of this Section by a fraction, the numerator of which is base income SB2912 - 26 - LRB095 18331 BDD 44415 b allocable to Illinois and the denominator of which is Illinois base income, and further multiplying the product by the tax rate imposed by subsections (a) and (b) of this Section.
This credit shall be computed by multiplying the tax imposed by subsections (c) and (d) of this Section by a fraction, the numerator of which is base income SB2912 Engrossed - 26 - LRB095 18331 BDD 44415 b allocable to Illinois and the denominator of which is Illinois base income, and further multiplying the product by the tax rate imposed by subsections (a) and (b) of this Section.
If any portion of the reduced amount of credit has been carried to a different taxable year, an amended return shall be filed for such taxable SB2912 - 27 - LRB095 18331 BDD 44415 b year to reduce the amount of credit claimed.
If any portion of the reduced amount of credit has been carried to a different taxable year, an amended return shall be filed for such taxable SB2912 Engrossed - 27 - LRB095 18331 BDD 44415 b year to reduce the amount of credit claimed.
If there is a credit under this subsection from more than one tax SB2912 - 28 - LRB095 18331 BDD 44415 b year that is available to offset a liability the earliest credit arising under this subsection shall be applied first.
If there is a credit under this subsection from more than one tax SB2912 Engrossed - 28 - LRB095 18331 BDD 44415 b year that is available to offset a liability the earliest credit arising under this subsection shall be applied first.
For purposes of this subsection, "qualifying expenditures" means the qualifying expenditures as defined for the federal credit for increasing research activities which would be allowable under Section 41 of the Internal Revenue Code and which are conducted in this State, "qualifying expenditures for SB2912 - 29 - LRB095 18331 BDD 44415 b increasing research activities in this State" means the excess of qualifying expenditures for the taxable year in which incurred over qualifying expenditures for the base period, "qualifying expenditures for the base period" means the average of the qualifying expenditures for each year in the base period, and "base period" means the 3 taxable years immediately preceding the taxable year for which the determination is being made.
For purposes of this subsection, "qualifying expenditures" means the qualifying expenditures as defined for the federal credit for increasing research activities which would be allowable under Section 41 of the Internal Revenue Code and which are conducted in this State, "qualifying expenditures for SB2912 Engrossed - 29 - LRB095 18331 BDD 44415 b increasing research activities in this State" means the excess of qualifying expenditures for the taxable year in which incurred over qualifying expenditures for the base period, "qualifying expenditures for the base period" means the average of the qualifying expenditures for each year in the base period, and "base period" means the 3 taxable years immediately preceding the taxable year for which the determination is being made.
Any remaining unused credit or credits then will be carried forward to the next following year in which a tax liability is incurred, except that no credit can be carried forward to a year which is more SB2912 - 30 - LRB095 18331 BDD 44415 b than 5 years after the year in which the expense for which the credit is given was incurred.
Any remaining unused credit or credits then will be carried forward to the next following year in which a tax liability is incurred, except that no credit can be carried forward to a year which is more SB2912 Engrossed - 30 - LRB095 18331 BDD 44415 b than 5 years after the year in which the expense for which the credit is given was incurred.
The credit is not available to any taxpayer if the taxpayer or any related party caused or contributed to, in any material respect, a release of regulated substances on, in, or under the site that was identified and addressed by the remedial action pursuant to the Site Remediation Program of the SB2912 - 31 - LRB095 18331 BDD 44415 b Environmental Protection Act.
The credit is not available to any taxpayer if the taxpayer or any related party caused or contributed to, in any material respect, a release of regulated substances on, in, or under the site that was identified and addressed by the remedial action pursuant to the Site Remediation Program of the SB2912 Engrossed - 31 - LRB095 18331 BDD 44415 b Environmental Protection Act.
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For partners and shareholders of subchapter S corporations, there shall be allowed a credit under this subsection to be determined in accordance with the determination of income and distributive share of income under Sections 702 and 704 and SB2912 - 32 - LRB095 18331 BDD 44415 b subchapter S of the Internal Revenue Code.
For partners and shareholders of subchapter S corporations, there shall be allowed a credit under this subsection to be determined in accordance with the determination of income and distributive share of income under Sections 702 and 704 and SB2912 Engrossed - 32 - LRB095 18331 BDD 44415 b subchapter S of the Internal Revenue Code.
SB2912 - 33 - LRB095 18331 BDD 44415 b (iii) For purposes of this Section, the term "site" shall have the same meaning as under Section 58.2 of the Environmental Protection Act.
SB2912 Engrossed - 33 - LRB095 18331 BDD 44415 b (iii) For purposes of this Section, the term "site" shall have the same meaning as under Section 58.2 of the Environmental Protection Act.
"Qualified education expense" means the amount incurred on behalf of a qualifying pupil in excess of $250 for tuition, book fees, and lab fees at the school in which the pupil is SB2912 - 34 - LRB095 18331 BDD 44415 b enrolled during the regular school year.
"Qualified education expense" means the amount incurred on behalf of a qualifying pupil in excess of $250 for tuition, book fees, and lab fees at the school in which the pupil is SB2912 Engrossed - 34 - LRB095 18331 BDD 44415 b enrolled during the regular school year.
The credit must SB2912 - 35 - LRB095 18331 BDD 44415 b be claimed for the taxable year in which Agency approval of the eligible remediation costs is granted.
The credit must SB2912 Engrossed - 35 - LRB095 18331 BDD 44415 b be claimed for the taxable year in which Agency approval of the eligible remediation costs is granted.
(ii) A credit allowed under this subsection that is unused in the year the credit is earned may be carried forward to each of the 5 taxable years following the year SB2912 - 36 - LRB095 18331 BDD 44415 b for which the credit is first earned until it is used.
(ii) A credit allowed under this subsection that is unused in the year the credit is earned may be carried forward to each of the 5 taxable years following the year SB2912 Engrossed - 36 - LRB095 18331 BDD 44415 b for which the credit is first earned until it is used.
8-27-07.) SB2912 - 37 - LRB095 18331 BDD 44415 b (35 ILCS 5/203) (from Ch.
8-27-07.) SB2912 Engrossed - 37 - LRB095 18331 BDD 44415 b (35 ILCS 5/203) (from Ch.
(C) An amount equal to the amount received during the taxable year as a recovery or refund of real property taxes paid with respect to the taxpayer’s principal residence under the Revenue Act of 1939 and for which a deduction was previously taken under SB2912 - 38 - LRB095 18331 BDD 44415 b subparagraph (L) of this paragraph (2) prior to July 1, 1991, the retrospective application date of Article 4 of Public Act 87-17.
(C) An amount equal to the amount received during the taxable year as a recovery or refund of real property taxes paid with respect to the taxpayer’s principal residence under the Revenue Act of 1939 and for which a deduction was previously taken under SB2912 Engrossed - 38 - LRB095 18331 BDD 44415 b subparagraph (L) of this paragraph (2) prior to July 1, 1991, the retrospective application date of Article 4 of Public Act 87-17.
(D-15) For taxable years 2001 and thereafter, an amount equal to the bonus depreciation deduction taken SB2912 - 39 - LRB095 18331 BDD 44415 b on the taxpayer’s federal income tax return for the taxable year under subsection (k) of Section 168 of the Internal Revenue Code;
(D-15) For taxable years 2001 and thereafter, an amount equal to the bonus depreciation deduction taken SB2912 Engrossed - 39 - LRB095 18331 BDD 44415 b on the taxpayer’s federal income tax return for the taxable year under subsection (k) of Section 168 of the Internal Revenue Code;
(D-17) An amount equal to the amount otherwise allowed as a deduction in computing base income for interest paid, accrued, or incurred, directly or indirectly, (i) for taxable years ending on or after December 31, 2004, to a foreign person who would be a member of the same unitary business group but for the SB2912 - 40 - LRB095 18331 BDD 44415 b fact that foreign person’s business activity outside the United States is 80% or more of the foreign person’s total business activity and (ii) for taxable years ending on or after December 31, 2008, to a person who would be a member of the same unitary business group but for the fact that the person is prohibited under Section 1501(a)(27) from being included in the unitary business group because he or she is ordinarily required to apportion business income under different subsections of Section 304.
(D-17) An amount equal to the amount otherwise allowed as a deduction in computing base income for interest paid, accrued, or incurred, directly or indirectly, (i) for taxable years ending on or after December 31, 2004, to a foreign person who would be a member of the same unitary business group but for the SB2912 Engrossed - 40 - LRB095 18331 BDD 44415 b fact that foreign person’s business activity outside the United States is 80% or more of the foreign person’s total business activity and (ii) for taxable years ending on or after December 31, 2008, to a person who would be a member of the same unitary business group but for the fact that the person is prohibited under Section 1501(a)(27) from being included in the unitary business group because he or she is ordinarily required to apportion business income under different subsections of Section 304.
(i) an item of interest paid, accrued, or incurred, directly or indirectly, to a person who is subject in a foreign country or state, other than a state which requires mandatory unitary reporting, to a tax on or measured by net income SB2912 - 41 - LRB095 18331 BDD 44415 b with respect to such interest;
(i) an item of interest paid, accrued, or incurred, directly or indirectly, to a person who is subject in a foreign country or state, other than a state which requires mandatory unitary reporting, to a tax on or measured by net income SB2912 Engrossed - 41 - LRB095 18331 BDD 44415 b with respect to such interest;
or SB2912 - 42 - LRB095 18331 BDD 44415 b if the taxpayer and the Director agree in writing to the application or use of an alternative method of apportionment under Section 304(f).
or SB2912 Engrossed - 42 - LRB095 18331 BDD 44415 b if the taxpayer and the Director agree in writing to the application or use of an alternative method of apportionment under Section 304(f).
(D-18) An amount equal to the amount of intangible expenses and costs otherwise allowed as a deduction in computing base income, and that were paid, accrued, or incurred, directly or indirectly, (i) for taxable years ending on or after December 31, 2004, to a foreign person who would be a member of the same unitary business group but for the fact that the foreign person’s business activity outside the United States is 80% or more of that person’s total business activity and (ii) for taxable years ending on or after December 31, 2008, to a person who would be a member of the same unitary business group but for the fact that the person is prohibited under Section 1501(a)(27) from being included in the unitary business group SB2912 - 43 - LRB095 18331 BDD 44415 b because he or she is ordinarily required to apportion business income under different subsections of Section 304.
(D-18) An amount equal to the amount of intangible expenses and costs otherwise allowed as a deduction in computing base income, and that were paid, accrued, or incurred, directly or indirectly, (i) for taxable years ending on or after December 31, 2004, to a foreign person who would be a member of the same unitary business group but for the fact that the foreign person’s business activity outside the United States is 80% or more of that person’s total business activity and (ii) for taxable years ending on or after December 31, 2008, to a person who would be a member of the same unitary business group but for the fact that the person is prohibited under Section 1501(a)(27) from being included in the unitary business group SB2912 Engrossed - 43 - LRB095 18331 BDD 44415 b because he or she is ordinarily required to apportion business income under different subsections of Section 304.
and (5) other similar expenses and SB2912 - 44 - LRB095 18331 BDD 44415 b costs.
and (5) other similar expenses and SB2912 Engrossed - 44 - LRB095 18331 BDD 44415 b costs.
(a) the person during the same taxable year paid, accrued, or incurred, the intangible expense or cost to a person that is not a related member, and (b) the transaction giving rise to the intangible expense or cost between the taxpayer and the person did not have as a principal purpose the avoidance of Illinois SB2912 - 45 - LRB095 18331 BDD 44415 b income tax, and is paid pursuant to a contract or agreement that reflects arm’s-length terms;
(a) the person during the same taxable year paid, accrued, or incurred, the intangible expense or cost to a person that is not a related member, and (b) the transaction giving rise to the intangible expense or cost between the taxpayer and the person did not have as a principal purpose the avoidance of Illinois SB2912 Engrossed - 45 - LRB095 18331 BDD 44415 b income tax, and is paid pursuant to a contract or agreement that reflects arm’s-length terms;
(D-19) For taxable years ending on or after December 31, 2008, an amount equal to the amount of insurance premium expenses and costs otherwise allowed as a deduction in computing base income, and that were paid, accrued, or incurred, directly or indirectly, to a person who would be a member of the same unitary SB2912 - 46 - LRB095 18331 BDD 44415 b business group but for the fact that the person is prohibited under Section 1501(a)(27) from being included in the unitary business group because he or she is ordinarily required to apportion business income under different subsections of Section 304.
(D-19) For taxable years ending on or after December 31, 2008, an amount equal to the amount of insurance premium expenses and costs otherwise allowed as a deduction in computing base income, and that were paid, accrued, or incurred, directly or indirectly, to a person who would be a member of the same unitary SB2912 Engrossed - 46 - LRB095 18331 BDD 44415 b business group but for the fact that the person is prohibited under Section 1501(a)(27) from being included in the unitary business group because he or she is ordinarily required to apportion business income under different subsections of Section 304.
(D-20) For taxable years beginning on or after January 1, 2002 and ending on or before December 31, 2006, in the case of a distribution from a qualified tuition program under Section 529 of the Internal Revenue Code, other than (i) a distribution from a College Savings Pool created under Section 16.5 of the SB2912 - 47 - LRB095 18331 BDD 44415 b State Treasurer Act or (ii) a distribution from the Illinois Prepaid Tuition Trust Fund, an amount equal to the amount excluded from gross income under Section 529(c)(3)(B).
(D-20) For taxable years beginning on or after January 1, 2002 and ending on or before December 31, 2006, in the case of a distribution from a qualified tuition program under Section 529 of the Internal Revenue Code, other than (i) a distribution from a College Savings Pool created under Section 16.5 of the SB2912 Engrossed - 47 - LRB095 18331 BDD 44415 b State Treasurer Act or (ii) a distribution from the Illinois Prepaid Tuition Trust Fund, an amount equal to the amount excluded from gross income under Section 529(c)(3)(B).
For the purposes of this subparagraph (D-20), a qualified tuition program has made reasonable efforts if it makes disclosures (which may use the term SB2912 - 48 - LRB095 18331 BDD 44415 b "in-state program" or "in-state plan" and need not specifically refer to Illinois or its qualified programs by name) (i) directly to prospective participants in its offering materials or makes a public disclosure, such as a website posting;
For the purposes of this subparagraph (D-20), a qualified tuition program has made reasonable efforts if it makes disclosures (which may use the term SB2912 Engrossed - 48 - LRB095 18331 BDD 44415 b "in-state program" or "in-state plan" and need not specifically refer to Illinois or its qualified programs by name) (i) directly to prospective participants in its offering materials or makes a public disclosure, such as a website posting;
(E) For taxable years ending before December 31, 2001, any amount included in such total in respect of any compensation (including but not limited to any compensation paid or accrued to a serviceman while a prisoner of war or missing in action) paid to a resident by reason of being on active duty in the Armed Forces of the United States and in respect of any compensation paid or accrued to a resident who as a SB2912 - 49 - LRB095 18331 BDD 44415 b governmental employee was a prisoner of war or missing in action, and in respect of any compensation paid to a resident in 1971 or thereafter for annual training performed pursuant to Sections 502 and 503, Title 32, United States Code as a member of the Illinois National Guard or, beginning with taxable years ending on or after December 31, 2007, the National Guard of any other state.
(E) For taxable years ending before December 31, 2001, any amount included in such total in respect of any compensation (including but not limited to any compensation paid or accrued to a serviceman while a prisoner of war or missing in action) paid to a resident by reason of being on active duty in the Armed Forces of the United States and in respect of any compensation paid or accrued to a resident who as a SB2912 Engrossed - 49 - LRB095 18331 BDD 44415 b governmental employee was a prisoner of war or missing in action, and in respect of any compensation paid to a resident in 1971 or thereafter for annual training performed pursuant to Sections 502 and 503, Title 32, United States Code as a member of the Illinois National Guard or, beginning with taxable years ending on or after December 31, 2007, the National Guard of any other state.
(F) An amount equal to all amounts included in such total pursuant to the provisions of Sections 402(a), SB2912 - 50 - LRB095 18331 BDD 44415 b 402(c), 403(a), 403(b), 406(a), 407(a), and 408 of the Internal Revenue Code, or included in such total as distributions under the provisions of any retirement or disability plan for employees of any governmental agency or unit, or retirement payments to retired partners, which payments are excluded in computing net earnings from self employment by Section 1402 of the Internal Revenue Code and regulations adopted pursuant thereto;
(F) An amount equal to all amounts included in such total pursuant to the provisions of Sections 402(a), SB2912 Engrossed - 50 - LRB095 18331 BDD 44415 b 402(c), 403(a), 403(b), 406(a), 407(a), and 408 of the Internal Revenue Code, or included in such total as distributions under the provisions of any retirement or disability plan for employees of any governmental agency or unit, or retirement payments to retired partners, which payments are excluded in computing net earnings from self employment by Section 1402 of the Internal Revenue Code and regulations adopted pursuant thereto;
(J) An amount equal to those dividends included in such total which were paid by a corporation which conducts business operations in an Enterprise Zone or zones created under the Illinois Enterprise Zone Act or a River Edge Redevelopment Zone or zones created under the River Edge Redevelopment Zone Act, and conducts substantially all of its operations in an Enterprise Zone or zones or a River Edge Redevelopment Zone or SB2912 - 51 - LRB095 18331 BDD 44415 b zones.
(J) An amount equal to those dividends included in such total which were paid by a corporation which conducts business operations in an Enterprise Zone or zones created under the Illinois Enterprise Zone Act or a River Edge Redevelopment Zone or zones created under the River Edge Redevelopment Zone Act, and conducts substantially all of its operations in an Enterprise Zone or zones or a River Edge Redevelopment Zone or SB2912 Engrossed - 51 - LRB095 18331 BDD 44415 b zones.
and (ii) for taxable years ending on or after August 13, 1999, Sections 171(a)(2), 265, 280C, and 832(b)(5)(B)(i) of SB2912 - 52 - LRB095 18331 BDD 44415 b the Internal Revenue Code;
and (ii) for taxable years ending on or after August 13, 1999, Sections 171(a)(2), 265, 280C, and 832(b)(5)(B)(i) of SB2912 Engrossed - 52 - LRB095 18331 BDD 44415 b the Internal Revenue Code;
(Q) An amount equal to any amounts included in such SB2912 - 53 - LRB095 18331 BDD 44415 b total, received by the taxpayer as an acceleration in the payment of life, endowment or annuity benefits in advance of the time they would otherwise be payable as an indemnity for a terminal illness;
(Q) An amount equal to any amounts included in such SB2912 Engrossed - 53 - LRB095 18331 BDD 44415 b total, received by the taxpayer as an acceleration in the payment of life, endowment or annuity benefits in advance of the time they would otherwise be payable as an indemnity for a terminal illness;
(U) For one taxable year beginning on or after January 1, 1994, an amount equal to the total amount of tax imposed and paid under subsections (a) and (b) of Section 201 of this Act on grant amounts received by the taxpayer under the Nursing Home Grant Assistance SB2912 - 54 - LRB095 18331 BDD 44415 b Act during the taxpayer’s taxable years 1992 and 1993;
(U) For one taxable year beginning on or after January 1, 1994, an amount equal to the total amount of tax imposed and paid under subsections (a) and (b) of Section 201 of this Act on grant amounts received by the taxpayer under the Nursing Home Grant Assistance SB2912 Engrossed - 54 - LRB095 18331 BDD 44415 b Act during the taxpayer’s taxable years 1992 and 1993;
The amount of the health insurance and long-term care insurance subtracted under this item (V) shall be determined by multiplying total health insurance and long-term care insurance premiums paid by the taxpayer times a number that represents the fractional percentage of eligible medical expenses under Section SB2912 - 55 - LRB095 18331 BDD 44415 b 213 of the Internal Revenue Code of 1986 not actually deducted on the taxpayer’s federal income tax return;
The amount of the health insurance and long-term care insurance subtracted under this item (V) shall be determined by multiplying total health insurance and long-term care insurance premiums paid by the taxpayer times a number that represents the fractional percentage of eligible medical expenses under Section SB2912 Engrossed - 55 - LRB095 18331 BDD 44415 b 213 of the Internal Revenue Code of 1986 not actually deducted on the taxpayer’s federal income tax return;
SB2912 - 56 - LRB095 18331 BDD 44415 b provided, however, this subtraction from federal adjusted gross income does not apply to assets acquired with such assets or with the proceeds from the sale of such assets;
SB2912 Engrossed - 56 - LRB095 18331 BDD 44415 b provided, however, this subtraction from federal adjusted gross income does not apply to assets acquired with such assets or with the proceeds from the sale of such assets;
For taxable years beginning on or after January 1, 2005, a maximum of $10,000 contributed in the taxable year to (i) a College Savings Pool account under Section 16.5 of the State Treasurer Act or (ii) the Illinois Prepaid SB2912 - 57 - LRB095 18331 BDD 44415 b Tuition Trust Fund, except that amounts excluded from gross income under Section 529(c)(3)(C)(i) of the Internal Revenue Code shall not be considered moneys contributed under this subparagraph (Y).
For taxable years beginning on or after January 1, 2005, a maximum of $10,000 contributed in the taxable year to (i) a College Savings Pool account under Section 16.5 of the State Treasurer Act or (ii) the Illinois Prepaid SB2912 Engrossed - 57 - LRB095 18331 BDD 44415 b Tuition Trust Fund, except that amounts excluded from gross income under Section 529(c)(3)(C)(i) of the Internal Revenue Code shall not be considered moneys contributed under this subparagraph (Y).
(i) for property on which a bonus SB2912 - 58 - LRB095 18331 BDD 44415 b depreciation deduction of 30% of the adjusted basis was taken, "x" equals "y" multiplied by 30 and then divided by 70 (or "y" multiplied by 0.429);
(i) for property on which a bonus SB2912 Engrossed - 58 - LRB095 18331 BDD 44415 b depreciation deduction of 30% of the adjusted basis was taken, "x" equals "y" multiplied by 30 and then divided by 70 (or "y" multiplied by 0.429);
If the taxpayer continues to own property through the last day of the last tax year for which the taxpayer may claim a depreciation deduction for federal income tax purposes and for which the taxpayer was required in any taxable year to make an addition SB2912 - 59 - LRB095 18331 BDD 44415 b modification under subparagraph (D-15), then an amount equal to that addition modification.
If the taxpayer continues to own property through the last day of the last tax year for which the taxpayer may claim a depreciation deduction for federal income tax purposes and for which the taxpayer was required in any taxable year to make an addition SB2912 Engrossed - 59 - LRB095 18331 BDD 44415 b modification under subparagraph (D-15), then an amount equal to that addition modification.
This subparagraph (CC) is SB2912 - 60 - LRB095 18331 BDD 44415 b exempt from the provisions of Section 250;
This subparagraph (CC) is SB2912 Engrossed - 60 - LRB095 18331 BDD 44415 b exempt from the provisions of Section 250;
and (EE) An amount equal to the income from intangible property taken into account for the taxable year (net of the deductions allocable thereto) with respect to transactions with (i) a foreign person who would be a member of the taxpayer’s unitary business group but for SB2912 - 61 - LRB095 18331 BDD 44415 b the fact that the foreign person’s business activity outside the United States is 80% or more of that person’s total business activity and (ii) for taxable years ending on or after December 31, 2008, to a person who would be a member of the same unitary business group but for the fact that the person is prohibited under Section 1501(a)(27) from being included in the unitary business group because he or she is ordinarily required to apportion business income under different subsections of Section 304, but not to exceed the addition modification required to be made for the same taxable year under Section 203(a)(2)(D-18) for intangible expenses and costs paid, accrued, or incurred, directly or indirectly, to the same foreign person.
and (EE) An amount equal to the income from intangible property taken into account for the taxable year (net of the deductions allocable thereto) with respect to transactions with (i) a foreign person who would be a member of the taxpayer’s unitary business group but for SB2912 Engrossed - 61 - LRB095 18331 BDD 44415 b the fact that the foreign person’s business activity outside the United States is 80% or more of that person’s total business activity and (ii) for taxable years ending on or after December 31, 2008, to a person who would be a member of the same unitary business group but for the fact that the person is prohibited under Section 1501(a)(27) from being included in the unitary business group because he or she is ordinarily required to apportion business income under different subsections of Section 304, but not to exceed the addition modification required to be made for the same taxable year under Section 203(a)(2)(D-18) for intangible expenses and costs paid, accrued, or incurred, directly or indirectly, to the same foreign person.
This subparagraph (FF) is exempt from SB2912 - 62 - LRB095 18331 BDD 44415 b the provisions of Section 250.
This subparagraph (FF) is exempt from SB2912 Engrossed - 62 - LRB095 18331 BDD 44415 b the provisions of Section 250.
(C) In the case of a regulated investment company, an amount equal to the excess of (i) the net long-term capital gain for the taxable year, over (ii) the amount of the capital gain dividends designated as such in accordance with Section 852(b)(3)(C) of the Internal Revenue Code and any amount designated under Section 852(b)(3)(D) of the Internal Revenue Code, attributable to the taxable year (this amendatory Act of 1995 (Public Act 89-89) is declarative of existing SB2912 - 63 - LRB095 18331 BDD 44415 b law and is not a new enactment);
(C) In the case of a regulated investment company, an amount equal to the excess of (i) the net long-term capital gain for the taxable year, over (ii) the amount of the capital gain dividends designated as such in accordance with Section 852(b)(3)(C) of the Internal Revenue Code and any amount designated under Section 852(b)(3)(D) of the Internal Revenue Code, attributable to the taxable year (this amendatory Act of 1995 (Public Act 89-89) is declarative of existing SB2912 Engrossed - 63 - LRB095 18331 BDD 44415 b law and is not a new enactment);
(i) the addition modification relating to the net operating loss carried back or forward to the taxable year from any taxable year ending prior to December 31, 1986 shall be reduced by the amount of addition modification under this subparagraph (E) which related to that net operating loss and which was taken into account in calculating the base income of an earlier taxable year, and (ii) the addition modification relating to the net operating loss carried back or forward to the taxable year from any taxable year ending prior to SB2912 - 64 - LRB095 18331 BDD 44415 b December 31, 1986 shall not exceed the amount of such carryback or carryforward;
(i) the addition modification relating to the net operating loss carried back or forward to the taxable year from any taxable year ending prior to December 31, 1986 shall be reduced by the amount of addition modification under this subparagraph (E) which related to that net operating loss and which was taken into account in calculating the base income of an earlier taxable year, and (ii) the addition modification relating to the net operating loss carried back or forward to the taxable year from any taxable year ending prior to SB2912 Engrossed - 64 - LRB095 18331 BDD 44415 b December 31, 1986 shall not exceed the amount of such carryback or carryforward;
SB2912 - 65 - LRB095 18331 BDD 44415 b If the taxpayer continues to own property through the last day of the last tax year for which the taxpayer may claim a depreciation deduction for federal income tax purposes and for which the taxpayer was allowed in any taxable year to make a subtraction modification under subparagraph (T), then an amount equal to that subtraction modification.
SB2912 Engrossed - 65 - LRB095 18331 BDD 44415 b If the taxpayer continues to own property through the last day of the last tax year for which the taxpayer may claim a depreciation deduction for federal income tax purposes and for which the taxpayer was allowed in any taxable year to make a subtraction modification under subparagraph (T), then an amount equal to that subtraction modification.
The addition modification SB2912 - 66 - LRB095 18331 BDD 44415 b required by this subparagraph shall be reduced to the extent that dividends were included in base income of the unitary group for the same taxable year and received by the taxpayer or by a member of the taxpayer’s unitary business group (including amounts included in gross income pursuant to Sections 951 through 964 of the Internal Revenue Code and amounts included in gross income under Section 78 of the Internal Revenue Code) with respect to the stock of the same person to whom the interest was paid, accrued, or incurred.
The addition modification SB2912 Engrossed - 66 - LRB095 18331 BDD 44415 b required by this subparagraph shall be reduced to the extent that dividends were included in base income of the unitary group for the same taxable year and received by the taxpayer or by a member of the taxpayer’s unitary business group (including amounts included in gross income pursuant to Sections 951 through 964 of the Internal Revenue Code and amounts included in gross income under Section 78 of the Internal Revenue Code) with respect to the stock of the same person to whom the interest was paid, accrued, or incurred.
(a) the person, during the same taxable year, paid, accrued, or incurred, the interest to a person that is not a related member, and SB2912 - 67 - LRB095 18331 BDD 44415 b (b) the transaction giving rise to the interest expense between the taxpayer and the person did not have as a principal purpose the avoidance of Illinois income tax, and is paid pursuant to a contract or agreement that reflects an arm’s-length interest rate and terms;
(a) the person, during the same taxable year, paid, accrued, or incurred, the interest to a person that is not a related member, and SB2912 Engrossed - 67 - LRB095 18331 BDD 44415 b (b) the transaction giving rise to the interest expense between the taxpayer and the person did not have as a principal purpose the avoidance of Illinois income tax, and is paid pursuant to a contract or agreement that reflects an arm’s-length interest rate and terms;
Nothing in this subsection shall preclude the Director from making any other adjustment otherwise allowed under Section 404 of this Act for any tax year beginning after the effective date of this amendment provided such adjustment is made pursuant to regulation adopted by the Department SB2912 - 68 - LRB095 18331 BDD 44415 b and such regulations provide methods and standards by which the Department will utilize its authority under Section 404 of this Act;
Nothing in this subsection shall preclude the Director from making any other adjustment otherwise allowed under Section 404 of this Act for any tax year beginning after the effective date of this amendment provided such adjustment is made pursuant to regulation adopted by the Department SB2912 Engrossed - 68 - LRB095 18331 BDD 44415 b and such regulations provide methods and standards by which the Department will utilize its authority under Section 404 of this Act;
The addition modification required by this subparagraph shall be reduced to the extent that dividends were included in base income of the unitary group for the same taxable year and received by the taxpayer or by a member of the taxpayer’s unitary business group (including amounts included in gross income pursuant to Sections 951 through 964 of the SB2912 - 69 - LRB095 18331 BDD 44415 b Internal Revenue Code and amounts included in gross income under Section 78 of the Internal Revenue Code) with respect to the stock of the same person to whom the intangible expenses and costs were directly or indirectly paid, incurred, or accrued.
The addition modification required by this subparagraph shall be reduced to the extent that dividends were included in base income of the unitary group for the same taxable year and received by the taxpayer or by a member of the taxpayer’s unitary business group (including amounts included in gross income pursuant to Sections 951 through 964 of the SB2912 Engrossed - 69 - LRB095 18331 BDD 44415 b Internal Revenue Code and amounts included in gross income under Section 78 of the Internal Revenue Code) with respect to the stock of the same person to whom the intangible expenses and costs were directly or indirectly paid, incurred, or accrued.
(i) any item of intangible expenses or costs paid, accrued, or incurred, directly or indirectly, from a transaction with a person who is SB2912 - 70 - LRB095 18331 BDD 44415 b subject in a foreign country or state, other than a state which requires mandatory unitary reporting, to a tax on or measured by net income with respect to such item;
(i) any item of intangible expenses or costs paid, accrued, or incurred, directly or indirectly, from a transaction with a person who is SB2912 Engrossed - 70 - LRB095 18331 BDD 44415 b subject in a foreign country or state, other than a state which requires mandatory unitary reporting, to a tax on or measured by net income with respect to such item;
or if the taxpayer and the Director agree in SB2912 - 71 - LRB095 18331 BDD 44415 b writing to the application or use of an alternative method of apportionment under Section 304(f);
or if the taxpayer and the Director agree in SB2912 Engrossed - 71 - LRB095 18331 BDD 44415 b writing to the application or use of an alternative method of apportionment under Section 304(f);
The addition modification required by this subparagraph shall be reduced to the extent that dividends were included in base income of the unitary group for the same taxable year and received by the taxpayer or by a SB2912 - 72 - LRB095 18331 BDD 44415 b member of the taxpayer’s unitary business group (including amounts included in gross income under Sections 951 through 964 of the Internal Revenue Code and amounts included in gross income under Section 78 of the Internal Revenue Code) with respect to the stock of the same person to whom the premiums and costs were directly or indirectly paid, incurred, or accrued.
The addition modification required by this subparagraph shall be reduced to the extent that dividends were included in base income of the unitary group for the same taxable year and received by the taxpayer or by a SB2912 Engrossed - 72 - LRB095 18331 BDD 44415 b member of the taxpayer’s unitary business group (including amounts included in gross income under Sections 951 through 964 of the Internal Revenue Code and amounts included in gross income under Section 78 of the Internal Revenue Code) with respect to the stock of the same person to whom the premiums and costs were directly or indirectly paid, incurred, or accrued.
(H) In the case of a regulated investment company, an amount equal to the amount of exempt interest dividends as defined in subsection (b) (5) of Section SB2912 - 73 - LRB095 18331 BDD 44415 b 852 of the Internal Revenue Code, paid to shareholders for the taxable year;
(H) In the case of a regulated investment company, an amount equal to the amount of exempt interest dividends as defined in subsection (b) (5) of Section SB2912 Engrossed - 73 - LRB095 18331 BDD 44415 b 852 of the Internal Revenue Code, paid to shareholders for the taxable year;
and (iv) for tax years ending on or after December 31, 2008, the policyholders’ share of tax-exempt interest of a life insurance company under Section 807(a)(2)(B) of the Internal Revenue Code (in the case of a life insurance company with gross income from a decrease in reserves for the tax year) or Section 807(b)(2)(B) of the Internal Revenue Code (in the case of a life insurance company allowed a deduction for an increase in reserves for the tax year);
and (iv) for tax years ending on or after December 31, 2008, the policyholders’ share of tax-exempt interest of a life insurance company under Section 807(a)(2)(B) of the Internal Revenue Code (in the case of a life insurance company with gross income from a decrease in reserves for the tax year) or Section 807(b)(1)(B) of the Internal Revenue Code (in the case of a life insurance company allowed a deduction for an increase in reserves for the tax year);
the provisions of this subparagraph are exempt from the provisions of Section SB2912 - 74 - LRB095 18331 BDD 44415 b 250;
the provisions of this subparagraph are exempt from the provisions of Section SB2912 Engrossed - 74 - LRB095 18331 BDD 44415 b 250;
provided that dividends eligible for the deduction provided in SB2912 - 75 - LRB095 18331 BDD 44415 b subparagraph (K) of paragraph 2 of this subsection shall not be eligible for the deduction provided under this subparagraph (L);
provided that dividends eligible for the deduction provided in SB2912 Engrossed - 75 - LRB095 18331 BDD 44415 b subparagraph (K) of paragraph 2 of this subsection shall not be eligible for the deduction provided under this subparagraph (L);
This subparagraph (M) is exempt from the provisions of SB2912 - 76 - LRB095 18331 BDD 44415 b Section 250;
This subparagraph (M) is exempt from the provisions of SB2912 Engrossed - 76 - LRB095 18331 BDD 44415 b Section 250;
SB2912 - 77 - LRB095 18331 BDD 44415 b (N) Two times any contribution made during the taxable year to a designated zone organization to the extent that the contribution (i) qualifies as a charitable contribution under subsection (c) of Section 170 of the Internal Revenue Code and (ii) must, by its terms, be used for a project approved by the Department of Commerce and Economic Opportunity under Section 11 of the Illinois Enterprise Zone Act or under Section 10-10 of the River Edge Redevelopment Zone Act.
SB2912 Engrossed - 77 - LRB095 18331 BDD 44415 b (N) Two times any contribution made during the taxable year to a designated zone organization to the extent that the contribution (i) qualifies as a charitable contribution under subsection (c) of Section 170 of the Internal Revenue Code and (ii) must, by its terms, be used for a project approved by the Department of Commerce and Economic Opportunity under Section 11 of the Illinois Enterprise Zone Act or under Section 10-10 of the River Edge Redevelopment Zone Act.
(i) 85% for taxable years ending on or before December 31, 1992, or, a percentage equal to the percentage allowable under Section 243(a)(1) of the Internal Revenue Code of 1986 for taxable years ending after December 31, 1992, of the amount by which dividends included in taxable income and received from a corporation that is not created or organized under the laws of the United States or any state or political subdivision thereof, including, for taxable years ending on or after December 31, 1988, dividends received or deemed received or paid or deemed paid under Sections 951 through 965 964 of the Internal Revenue Code, exceed the amount of the modification provided under subparagraph (G) of paragraph (2) of this subsection (b) which is related to such dividends, SB2912 - 78 - LRB095 18331 BDD 44415 b and including, for taxable years ending on or after December 31, 2008, dividends received from a captive real estate investment trust;
(i) 85% for taxable years ending on or before December 31, 1992, or, a percentage equal to the percentage allowable under Section 243(a)(1) of the Internal Revenue Code of 1986 for taxable years ending after December 31, 1992, of the amount by which dividends included in taxable income and received from a corporation that is not created or organized under the laws of the United States or any state or political subdivision thereof, including, for taxable years ending on or after December 31, 1988, dividends received or deemed received or paid or deemed paid under Sections 951 through 965 964 of the Internal Revenue Code, exceed the amount of the modification provided under subparagraph (G) of paragraph (2) of this subsection (b) which is related to such dividends, SB2912 Engrossed - 78 - LRB095 18331 BDD 44415 b and including, for taxable years ending on or after December 31, 2008, dividends received from a captive real estate investment trust;
(Q) An amount equal to the amount of the deduction used to compute the federal income tax credit for restoration of substantial amounts held under claim of right for the taxable year pursuant to Section 1341 of SB2912 - 79 - LRB095 18331 BDD 44415 b the Internal Revenue Code of 1986;
(Q) An amount equal to the amount of the deduction used to compute the federal income tax credit for restoration of substantial amounts held under claim of right for the taxable year pursuant to Section 1341 of SB2912 Engrossed - 79 - LRB095 18331 BDD 44415 b the Internal Revenue Code of 1986;
(T) For taxable years 2001 and thereafter, for the taxable year in which the bonus depreciation deduction SB2912 - 80 - LRB095 18331 BDD 44415 b is taken on the taxpayer’s federal income tax return under subsection (k) of Section 168 of the Internal Revenue Code and for each applicable taxable year thereafter, an amount equal to "x", where:
(T) For taxable years 2001 and thereafter, for the taxable year in which the bonus depreciation deduction SB2912 Engrossed - 80 - LRB095 18331 BDD 44415 b is taken on the taxpayer’s federal income tax return under subsection (k) of Section 168 of the Internal Revenue Code and for each applicable taxable year thereafter, an amount equal to "x", where:
SB2912 - 81 - LRB095 18331 BDD 44415 b The aggregate amount deducted under this subparagraph in all taxable years for any one piece of property may not exceed the amount of the bonus depreciation deduction taken on that property on the taxpayer’s federal income tax return under subsection (k) of Section 168 of the Internal Revenue Code.
SB2912 Engrossed - 81 - LRB095 18331 BDD 44415 b The aggregate amount deducted under this subparagraph in all taxable years for any one piece of property may not exceed the amount of the bonus depreciation deduction taken on that property on the taxpayer’s federal income tax return under subsection (k) of Section 168 of the Internal Revenue Code.
(i) any interest income (net of SB2912 - 82 - LRB095 18331 BDD 44415 b the deductions allocable thereto) taken into account for the taxable year with respect to a transaction with a taxpayer that is required to make an addition modification with respect to such transaction under Section 203(a)(2)(D-17), 203(b)(2)(E-12), 203(c)(2)(G-12), or 203(d)(2)(D-7), but not to exceed the amount of such addition modification, (ii) any income from intangible property (net of the deductions allocable thereto) taken into account for the taxable year with respect to a transaction with a taxpayer that is required to make an addition modification with respect to such transaction under Section 203(a)(2)(D-18), 203(b)(2)(E-13), 203(c)(2)(G-13), or 203(d)(2)(D-8), but not to exceed the amount of such addition modification, and (iii) any insurance premium income (net of deductions allocable thereto, including adjustments to loss reserves and payments for losses with respect to a policy for which the premium was received) taken into account for the taxable year with respect to a transaction with a taxpayer that is required to make an addition modification with respect to such transaction under Section 203(a)(2)(D-19), Section 203(b)(2)(E-14), Section 203(c)(2)(G-14), or Section 203(d)(2)(D-9), but not to exceed the amount of that addition modification.
(i) any interest income (net of SB2912 Engrossed - 82 - LRB095 18331 BDD 44415 b the deductions allocable thereto) taken into account for the taxable year with respect to a transaction with a taxpayer that is required to make an addition modification with respect to such transaction under Section 203(a)(2)(D-17), 203(b)(2)(E-12), 203(c)(2)(G-12), or 203(d)(2)(D-7), but not to exceed the amount of such addition modification, (ii) any income from intangible property (net of the deductions allocable thereto) taken into account for the taxable year with respect to a transaction with a taxpayer that is required to make an addition modification with respect to such transaction under Section 203(a)(2)(D-18), 203(b)(2)(E-13), 203(c)(2)(G-13), or 203(d)(2)(D-8), but not to exceed the amount of such addition modification, and (iii) any insurance premium income (net of deductions allocable thereto, including adjustments to loss reserves and payments for losses with respect to a policy for which the premium was received) taken into account for the taxable year with respect to a transaction with a taxpayer that is required to make an addition modification with respect to such transaction under Section 203(a)(2)(D-19), Section 203(b)(2)(E-14), Section 203(c)(2)(G-14), or Section 203(d)(2)(D-9), but not to exceed the amount of that addition modification.
SB2912 - 83 - LRB095 18331 BDD 44415 b (W) An amount equal to the interest income taken into account for the taxable year (net of the deductions allocable thereto) with respect to transactions with (i) a foreign person who would be a member of the taxpayer’s unitary business group but for the fact that the foreign person’s business activity outside the United States is 80% or more of that person’s total business activity and (ii) for taxable years ending on or after December 31, 2008, to a person who would be a member of the same unitary business group but for the fact that the person is prohibited under Section 1501(a)(27) from being included in the unitary business group because he or she is ordinarily required to apportion business income under different subsections of Section 304, but not to exceed the addition modification required to be made for the same taxable year under Section 203(b)(2)(E-12) for interest paid, accrued, or incurred, directly or indirectly, to the same person.
SB2912 Engrossed - 83 - LRB095 18331 BDD 44415 b (W) An amount equal to the interest income taken into account for the taxable year (net of the deductions allocable thereto) with respect to transactions with (i) a foreign person who would be a member of the taxpayer’s unitary business group but for the fact that the foreign person’s business activity outside the United States is 80% or more of that person’s total business activity and (ii) for taxable years ending on or after December 31, 2008, to a person who would be a member of the same unitary business group but for the fact that the person is prohibited under Section 1501(a)(27) from being included in the unitary business group because he or she is ordinarily required to apportion business income under different subsections of Section 304, but not to exceed the addition modification required to be made for the same taxable year under Section 203(b)(2)(E-12) for interest paid, accrued, or incurred, directly or indirectly, to the same person.
and (X) An amount equal to the income from intangible property taken into account for the taxable year (net of the deductions allocable thereto) with respect to transactions with (i) a foreign person who would be a member of the taxpayer’s unitary business group but for the fact that the foreign person’s business activity SB2912 - 84 - LRB095 18331 BDD 44415 b outside the United States is 80% or more of that person’s total business activity and (ii) for taxable years ending on or after December 31, 2008, to a person who would be a member of the same unitary business group but for the fact that the person is prohibited under Section 1501(a)(27) from being included in the unitary business group because he or she is ordinarily required to apportion business income under different subsections of Section 304, but not to exceed the addition modification required to be made for the same taxable year under Section 203(b)(2)(E-13) for intangible expenses and costs paid, accrued, or incurred, directly or indirectly, to the same foreign person.
and (X) An amount equal to the income from intangible property taken into account for the taxable year (net of the deductions allocable thereto) with respect to transactions with (i) a foreign person who would be a member of the taxpayer’s unitary business group but for the fact that the foreign person’s business activity SB2912 Engrossed - 84 - LRB095 18331 BDD 44415 b outside the United States is 80% or more of that person’s total business activity and (ii) for taxable years ending on or after December 31, 2008, to a person who would be a member of the same unitary business group but for the fact that the person is prohibited under Section 1501(a)(27) from being included in the unitary business group because he or she is ordinarily required to apportion business income under different subsections of Section 304, but not to exceed the addition modification required to be made for the same taxable year under Section 203(b)(2)(E-13) for intangible expenses and costs paid, accrued, or incurred, directly or indirectly, to the same foreign person.
For purposes of paragraph (2) (A), SB2912 - 85 - LRB095 18331 BDD 44415 b "gross income" in the case of a life insurance company, for tax years ending on and after December 31, 1994, and prior to December 31, 2008, shall mean the gross investment income for the taxable year and, for tax years ending on or after December 31, 2008, shall mean all amounts included in life insurance gross income under Section 803(a)(3) of the Internal Revenue Code.
For purposes of paragraph (2) (A), SB2912 Engrossed - 85 - LRB095 18331 BDD 44415 b "gross income" in the case of a life insurance company, for tax years ending on and after December 31, 1994, and prior to December 31, 2008, shall mean the gross investment income for the taxable year and, for tax years ending on or after December 31, 2008, shall mean all amounts included in life insurance gross income under Section 803(a)(3) of the Internal Revenue Code.
SB2912 - 86 - LRB095 18331 BDD 44415 b (C) An amount equal to the amount of tax imposed by this Act to the extent deducted from gross income in the computation of taxable income for the taxable year;
SB2912 Engrossed - 86 - LRB095 18331 BDD 44415 b (C) An amount equal to the amount of tax imposed by this Act to the extent deducted from gross income in the computation of taxable income for the taxable year;
(i) the addition modification relating to the net operating loss carried back or forward to the taxable year from any taxable year ending prior to December 31, 1986 shall be reduced by the amount of addition modification under this subparagraph (E) which related to that net operating loss and which was taken into account in calculating the base income of an earlier taxable year, and (ii) the addition modification relating to the SB2912 - 87 - LRB095 18331 BDD 44415 b net operating loss carried back or forward to the taxable year from any taxable year ending prior to December 31, 1986 shall not exceed the amount of such carryback or carryforward;
(i) the addition modification relating to the net operating loss carried back or forward to the taxable year from any taxable year ending prior to December 31, 1986 shall be reduced by the amount of addition modification under this subparagraph (E) which related to that net operating loss and which was taken into account in calculating the base income of an earlier taxable year, and (ii) the addition modification relating to the SB2912 Engrossed - 87 - LRB095 18331 BDD 44415 b net operating loss carried back or forward to the taxable year from any taxable year ending prior to December 31, 1986 shall not exceed the amount of such carryback or carryforward;
SB2912 - 88 - LRB095 18331 BDD 44415 b (G-10) For taxable years 2001 and thereafter, an amount equal to the bonus depreciation deduction taken on the taxpayer’s federal income tax return for the taxable year under subsection (k) of Section 168 of the Internal Revenue Code;
SB2912 Engrossed - 88 - LRB095 18331 BDD 44415 b (G-10) For taxable years 2001 and thereafter, an amount equal to the bonus depreciation deduction taken on the taxpayer’s federal income tax return for the taxable year under subsection (k) of Section 168 of the Internal Revenue Code;
(G-12) An amount equal to the amount otherwise allowed as a deduction in computing base income for interest paid, accrued, or incurred, directly or indirectly, (i) for taxable years ending on or after SB2912 - 89 - LRB095 18331 BDD 44415 b December 31, 2004, to a foreign person who would be a member of the same unitary business group but for the fact that the foreign person’s business activity outside the United States is 80% or more of the foreign person’s total business activity and (ii) for taxable years ending on or after December 31, 2008, to a person who would be a member of the same unitary business group but for the fact that the person is prohibited under Section 1501(a)(27) from being included in the unitary business group because he or she is ordinarily required to apportion business income under different subsections of Section 304.
(G-12) An amount equal to the amount otherwise allowed as a deduction in computing base income for interest paid, accrued, or incurred, directly or indirectly, (i) for taxable years ending on or after SB2912 Engrossed - 89 - LRB095 18331 BDD 44415 b December 31, 2004, to a foreign person who would be a member of the same unitary business group but for the fact that the foreign person’s business activity outside the United States is 80% or more of the foreign person’s total business activity and (ii) for taxable years ending on or after December 31, 2008, to a person who would be a member of the same unitary business group but for the fact that the person is prohibited under Section 1501(a)(27) from being included in the unitary business group because he or she is ordinarily required to apportion business income under different subsections of Section 304.
(i) an item of interest paid, accrued, or incurred, directly or indirectly, to a person who SB2912 - 90 - LRB095 18331 BDD 44415 b is subject in a foreign country or state, other than a state which requires mandatory unitary reporting, to a tax on or measured by net income with respect to such interest;
(i) an item of interest paid, accrued, or incurred, directly or indirectly, to a person who SB2912 Engrossed - 90 - LRB095 18331 BDD 44415 b is subject in a foreign country or state, other than a state which requires mandatory unitary reporting, to a tax on or measured by net income with respect to such interest;
or (iv) an item of interest paid, accrued, or SB2912 - 91 - LRB095 18331 BDD 44415 b incurred, directly or indirectly, to a person if the taxpayer establishes by clear and convincing evidence that the adjustments are unreasonable;
or (iv) an item of interest paid, accrued, or SB2912 Engrossed - 91 - LRB095 18331 BDD 44415 b incurred, directly or indirectly, to a person if the taxpayer establishes by clear and convincing evidence that the adjustments are unreasonable;
(G-13) An amount equal to the amount of intangible expenses and costs otherwise allowed as a deduction in computing base income, and that were paid, accrued, or incurred, directly or indirectly, (i) for taxable years ending on or after December 31, 2004, to a foreign person who would be a member of the same unitary business group but for the fact that the foreign person’s business activity outside the United States is 80% or more of that person’s total business activity and (ii) for taxable years ending on or after December 31, 2008, to a person who would be a member of SB2912 - 92 - LRB095 18331 BDD 44415 b the same unitary business group but for the fact that the person is prohibited under Section 1501(a)(27) from being included in the unitary business group because he or she is ordinarily required to apportion business income under different subsections of Section 304.
(G-13) An amount equal to the amount of intangible expenses and costs otherwise allowed as a deduction in computing base income, and that were paid, accrued, or incurred, directly or indirectly, (i) for taxable years ending on or after December 31, 2004, to a foreign person who would be a member of the same unitary business group but for the fact that the foreign person’s business activity outside the United States is 80% or more of that person’s total business activity and (ii) for taxable years ending on or after December 31, 2008, to a person who would be a member of SB2912 Engrossed - 92 - LRB095 18331 BDD 44415 b the same unitary business group but for the fact that the person is prohibited under Section 1501(a)(27) from being included in the unitary business group because he or she is ordinarily required to apportion business income under different subsections of Section 304.
(2) losses SB2912 - 93 - LRB095 18331 BDD 44415 b incurred, directly or indirectly, from factoring transactions or discounting transactions;
(2) losses SB2912 Engrossed - 93 - LRB095 18331 BDD 44415 b incurred, directly or indirectly, from factoring transactions or discounting transactions;
(a) the person during the same taxable year paid, accrued, or incurred, the intangible expense or cost to a person that is not a related member, and (b) the transaction giving rise to the SB2912 - 94 - LRB095 18331 BDD 44415 b intangible expense or cost between the taxpayer and the person did not have as a principal purpose the avoidance of Illinois income tax, and is paid pursuant to a contract or agreement that reflects arm’s-length terms;
(a) the person during the same taxable year paid, accrued, or incurred, the intangible expense or cost to a person that is not a related member, and (b) the transaction giving rise to the SB2912 Engrossed - 94 - LRB095 18331 BDD 44415 b intangible expense or cost between the taxpayer and the person did not have as a principal purpose the avoidance of Illinois income tax, and is paid pursuant to a contract or agreement that reflects arm’s-length terms;
(G-14) For taxable years ending on or after December 31, 2008, an amount equal to the amount of insurance premium expenses and costs otherwise allowed SB2912 - 95 - LRB095 18331 BDD 44415 b as a deduction in computing base income, and that were paid, accrued, or incurred, directly or indirectly, to a person who would be a member of the same unitary business group but for the fact that the person is prohibited under Section 1501(a)(27) from being included in the unitary business group because he or she is ordinarily required to apportion business income under different subsections of Section 304.
(G-14) For taxable years ending on or after December 31, 2008, an amount equal to the amount of insurance premium expenses and costs otherwise allowed SB2912 Engrossed - 95 - LRB095 18331 BDD 44415 b as a deduction in computing base income, and that were paid, accrued, or incurred, directly or indirectly, to a person who would be a member of the same unitary business group but for the fact that the person is prohibited under Section 1501(a)(27) from being included in the unitary business group because he or she is ordinarily required to apportion business income under different subsections of Section 304.
(H) An amount equal to all amounts included in such SB2912 - 96 - LRB095 18331 BDD 44415 b total pursuant to the provisions of Sections 402(a), 402(c), 403(a), 403(b), 406(a), 407(a) and 408 of the Internal Revenue Code or included in such total as distributions under the provisions of any retirement or disability plan for employees of any governmental agency or unit, or retirement payments to retired partners, which payments are excluded in computing net earnings from self employment by Section 1402 of the Internal Revenue Code and regulations adopted pursuant thereto;
(H) An amount equal to all amounts included in such SB2912 Engrossed - 96 - LRB095 18331 BDD 44415 b total pursuant to the provisions of Sections 402(a), 402(c), 403(a), 403(b), 406(a), 407(a) and 408 of the Internal Revenue Code or included in such total as distributions under the provisions of any retirement or disability plan for employees of any governmental agency or unit, or retirement payments to retired partners, which payments are excluded in computing net earnings from self employment by Section 1402 of the Internal Revenue Code and regulations adopted pursuant thereto;
(L) With the exception of any amounts subtracted SB2912 - 97 - LRB095 18331 BDD 44415 b under subparagraph (K), an amount equal to the sum of all amounts disallowed as deductions by (i) Sections 171(a) (2) and 265(a)(2) of the Internal Revenue Code, as now or hereafter amended, and all amounts of expenses allocable to interest and disallowed as deductions by Section 265(1) of the Internal Revenue Code of 1954, as now or hereafter amended;
(L) With the exception of any amounts subtracted SB2912 Engrossed - 97 - LRB095 18331 BDD 44415 b under subparagraph (K), an amount equal to the sum of all amounts disallowed as deductions by (i) Sections 171(a) (2) and 265(a)(2) of the Internal Revenue Code, as now or hereafter amended, and all amounts of expenses allocable to interest and disallowed as deductions by Section 265(1) of the Internal Revenue Code of 1954, as now or hereafter amended;
(N) An amount equal to any contribution made to a job training project established pursuant to the Tax SB2912 - 98 - LRB095 18331 BDD 44415 b Increment Allocation Redevelopment Act;
(N) An amount equal to any contribution made to a job training project established pursuant to the Tax SB2912 Engrossed - 98 - LRB095 18331 BDD 44415 b Increment Allocation Redevelopment Act;
(Q) For taxable year 1999 and thereafter, an amount equal to the amount of any (i) distributions, to the extent includible in gross income for federal income tax purposes, made to the taxpayer because of his or her status as a victim of persecution for racial or religious reasons by Nazi Germany or any other Axis regime or as an heir of the victim and (ii) items of income, to the extent includible in gross income for federal income tax purposes, attributable to, derived from or in any way related to assets stolen from, hidden from, or otherwise lost to a victim of SB2912 - 99 - LRB095 18331 BDD 44415 b persecution for racial or religious reasons by Nazi Germany or any other Axis regime immediately prior to, during, and immediately after World War II, including, but not limited to, interest on the proceeds receivable as insurance under policies issued to a victim of persecution for racial or religious reasons by Nazi Germany or any other Axis regime by European insurance companies immediately prior to and during World War II;
(Q) For taxable year 1999 and thereafter, an amount equal to the amount of any (i) distributions, to the extent includible in gross income for federal income tax purposes, made to the taxpayer because of his or her status as a victim of persecution for racial or religious reasons by Nazi Germany or any other Axis regime or as an heir of the victim and (ii) items of income, to the extent includible in gross income for federal income tax purposes, attributable to, derived from or in any way related to assets stolen from, hidden from, or otherwise lost to a victim of SB2912 Engrossed - 99 - LRB095 18331 BDD 44415 b persecution for racial or religious reasons by Nazi Germany or any other Axis regime immediately prior to, during, and immediately after World War II, including, but not limited to, interest on the proceeds receivable as insurance under policies issued to a victim of persecution for racial or religious reasons by Nazi Germany or any other Axis regime by European insurance companies immediately prior to and during World War II;
(R) For taxable years 2001 and thereafter, for the taxable year in which the bonus depreciation deduction is taken on the taxpayer’s federal income tax return under subsection (k) of Section 168 of the Internal SB2912 - 100 - LRB095 18331 BDD 44415 b Revenue Code and for each applicable taxable year thereafter, an amount equal to "x", where:
(R) For taxable years 2001 and thereafter, for the taxable year in which the bonus depreciation deduction is taken on the taxpayer’s federal income tax return under subsection (k) of Section 168 of the Internal SB2912 Engrossed - 100 - LRB095 18331 BDD 44415 b Revenue Code and for each applicable taxable year thereafter, an amount equal to "x", where:
The aggregate amount deducted under this subparagraph in all taxable years for any one piece of SB2912 - 101 - LRB095 18331 BDD 44415 b property may not exceed the amount of the bonus depreciation deduction taken on that property on the taxpayer’s federal income tax return under subsection (k) of Section 168 of the Internal Revenue Code.
The aggregate amount deducted under this subparagraph in all taxable years for any one piece of SB2912 Engrossed - 101 - LRB095 18331 BDD 44415 b property may not exceed the amount of the bonus depreciation deduction taken on that property on the taxpayer’s federal income tax return under subsection (k) of Section 168 of the Internal Revenue Code.
(T) The amount of (i) any interest income (net of the deductions allocable thereto) taken into account for the taxable year with respect to a transaction with SB2912 - 102 - LRB095 18331 BDD 44415 b a taxpayer that is required to make an addition modification with respect to such transaction under Section 203(a)(2)(D-17), 203(b)(2)(E-12), 203(c)(2)(G-12), or 203(d)(2)(D-7), but not to exceed the amount of such addition modification and (ii) any income from intangible property (net of the deductions allocable thereto) taken into account for the taxable year with respect to a transaction with a taxpayer that is required to make an addition modification with respect to such transaction under Section 203(a)(2)(D-18), 203(b)(2)(E-13), 203(c)(2)(G-13), or 203(d)(2)(D-8), but not to exceed the amount of such addition modification.
(T) The amount of (i) any interest income (net of the deductions allocable thereto) taken into account for the taxable year with respect to a transaction with SB2912 Engrossed - 102 - LRB095 18331 BDD 44415 b a taxpayer that is required to make an addition modification with respect to such transaction under Section 203(a)(2)(D-17), 203(b)(2)(E-12), 203(c)(2)(G-12), or 203(d)(2)(D-7), but not to exceed the amount of such addition modification and (ii) any income from intangible property (net of the deductions allocable thereto) taken into account for the taxable year with respect to a transaction with a taxpayer that is required to make an addition modification with respect to such transaction under Section 203(a)(2)(D-18), 203(b)(2)(E-13), 203(c)(2)(G-13), or 203(d)(2)(D-8), but not to exceed the amount of such addition modification.
(U) An amount equal to the interest income taken into account for the taxable year (net of the deductions allocable thereto) with respect to transactions with (i) a foreign person who would be a member of the taxpayer’s unitary business group but for the fact the foreign person’s business activity outside the United States is 80% or more of that person’s total business activity and (ii) for taxable years ending on or after December 31, 2008, to a person who would be a member of the same unitary business group but for the fact that the person is prohibited under Section 1501(a)(27) from being included in the SB2912 - 103 - LRB095 18331 BDD 44415 b unitary business group because he or she is ordinarily required to apportion business income under different subsections of Section 304, but not to exceed the addition modification required to be made for the same taxable year under Section 203(c)(2)(G-12) for interest paid, accrued, or incurred, directly or indirectly, to the same person.
(U) An amount equal to the interest income taken into account for the taxable year (net of the deductions allocable thereto) with respect to transactions with (i) a foreign person who would be a member of the taxpayer’s unitary business group but for the fact the foreign person’s business activity outside the United States is 80% or more of that person’s total business activity and (ii) for taxable years ending on or after December 31, 2008, to a person who would be a member of the same unitary business group but for the fact that the person is prohibited under Section 1501(a)(27) from being included in the SB2912 Engrossed - 103 - LRB095 18331 BDD 44415 b unitary business group because he or she is ordinarily required to apportion business income under different subsections of Section 304, but not to exceed the addition modification required to be made for the same taxable year under Section 203(c)(2)(G-12) for interest paid, accrued, or incurred, directly or indirectly, to the same person.
and (V) An amount equal to the income from intangible property taken into account for the taxable year (net of the deductions allocable thereto) with respect to transactions with (i) a foreign person who would be a member of the taxpayer’s unitary business group but for the fact that the foreign person’s business activity outside the United States is 80% or more of that person’s total business activity and (ii) for taxable years ending on or after December 31, 2008, to a person who would be a member of the same unitary business group but for the fact that the person is prohibited under Section 1501(a)(27) from being included in the unitary business group because he or she is ordinarily required to apportion business income under different subsections of Section 304, but not to exceed the addition modification required to be made for the same taxable year under Section 203(c)(2)(G-13) for intangible expenses and costs paid, accrued, or SB2912 - 104 - LRB095 18331 BDD 44415 b incurred, directly or indirectly, to the same foreign person.
and (V) An amount equal to the income from intangible property taken into account for the taxable year (net of the deductions allocable thereto) with respect to transactions with (i) a foreign person who would be a member of the taxpayer’s unitary business group but for the fact that the foreign person’s business activity outside the United States is 80% or more of that person’s total business activity and (ii) for taxable years ending on or after December 31, 2008, to a person who would be a member of the same unitary business group but for the fact that the person is prohibited under Section 1501(a)(27) from being included in the unitary business group because he or she is ordinarily required to apportion business income under different subsections of Section 304, but not to exceed the addition modification required to be made for the same taxable year under Section 203(c)(2)(G-13) for intangible expenses and costs paid, accrued, or SB2912 Engrossed - 104 - LRB095 18331 BDD 44415 b incurred, directly or indirectly, to the same foreign person.
The amount of any modification SB2912 - 105 - LRB095 18331 BDD 44415 b otherwise required under this subsection shall, under regulations prescribed by the Department, be adjusted by any amounts included therein which were properly paid, credited, or required to be distributed, or permanently set aside for charitable purposes pursuant to Internal Revenue Code Section 642(c) during the taxable year.
The amount of any modification SB2912 Engrossed - 105 - LRB095 18331 BDD 44415 b otherwise required under this subsection shall, under regulations prescribed by the Department, be adjusted by any amounts included therein which were properly paid, credited, or required to be distributed, or permanently set aside for charitable purposes pursuant to Internal Revenue Code Section 642(c) during the taxable year.
(D) An amount equal to the amount of the capital gain deduction allowable under the Internal Revenue SB2912 - 106 - LRB095 18331 BDD 44415 b Code, to the extent deducted from gross income in the computation of taxable income;
(D) An amount equal to the amount of the capital gain deduction allowable under the Internal Revenue SB2912 Engrossed - 106 - LRB095 18331 BDD 44415 b Code, to the extent deducted from gross income in the computation of taxable income;
(D-7) An amount equal to the amount otherwise allowed as a deduction in computing base income for SB2912 - 107 - LRB095 18331 BDD 44415 b interest paid, accrued, or incurred, directly or indirectly, (i) for taxable years ending on or after December 31, 2004, to a foreign person who would be a member of the same unitary business group but for the fact the foreign person’s business activity outside the United States is 80% or more of the foreign person’s total business activity and (ii) for taxable years ending on or after December 31, 2008, to a person who would be a member of the same unitary business group but for the fact that the person is prohibited under Section 1501(a)(27) from being included in the unitary business group because he or she is ordinarily required to apportion business income under different subsections of Section 304.
(D-7) An amount equal to the amount otherwise allowed as a deduction in computing base income for SB2912 Engrossed - 107 - LRB095 18331 BDD 44415 b interest paid, accrued, or incurred, directly or indirectly, (i) for taxable years ending on or after December 31, 2004, to a foreign person who would be a member of the same unitary business group but for the fact the foreign person’s business activity outside the United States is 80% or more of the foreign person’s total business activity and (ii) for taxable years ending on or after December 31, 2008, to a person who would be a member of the same unitary business group but for the fact that the person is prohibited under Section 1501(a)(27) from being included in the unitary business group because he or she is ordinarily required to apportion business income under different subsections of Section 304.
SB2912 - 108 - LRB095 18331 BDD 44415 b (i) an item of interest paid, accrued, or incurred, directly or indirectly, to a person who is subject in a foreign country or state, other than a state which requires mandatory unitary reporting, to a tax on or measured by net income with respect to such interest;
SB2912 Engrossed - 108 - LRB095 18331 BDD 44415 b (i) an item of interest paid, accrued, or incurred, directly or indirectly, to a person who is subject in a foreign country or state, other than a state which requires mandatory unitary reporting, to a tax on or measured by net income with respect to such interest;
or (iii) the taxpayer can establish, based on clear and convincing evidence, that the interest paid, accrued, or incurred relates to a contract or agreement entered into at arm’s-length rates and terms and the principal purpose for the payment is SB2912 - 109 - LRB095 18331 BDD 44415 b not federal or Illinois tax avoidance;
or (iii) the taxpayer can establish, based on clear and convincing evidence, that the interest paid, accrued, or incurred relates to a contract or agreement entered into at arm’s-length rates and terms and the principal purpose for the payment is SB2912 Engrossed - 109 - LRB095 18331 BDD 44415 b not federal or Illinois tax avoidance;
and (D-8) An amount equal to the amount of intangible expenses and costs otherwise allowed as a deduction in computing base income, and that were paid, accrued, or incurred, directly or indirectly, (i) for taxable years ending on or after December 31, 2004, to a foreign person who would be a member of the same unitary business group but for the fact that the foreign person’s business activity outside the United States is 80% or more of that person’s total business SB2912 - 110 - LRB095 18331 BDD 44415 b activity and (ii) for taxable years ending on or after December 31, 2008, to a person who would be a member of the same unitary business group but for the fact that the person is prohibited under Section 1501(a)(27) from being included in the unitary business group because he or she is ordinarily required to apportion business income under different subsections of Section 304.
and (D-8) An amount equal to the amount of intangible expenses and costs otherwise allowed as a deduction in computing base income, and that were paid, accrued, or incurred, directly or indirectly, (i) for taxable years ending on or after December 31, 2004, to a foreign person who would be a member of the same unitary business group but for the fact that the foreign person’s business activity outside the United States is 80% or more of that person’s total business SB2912 Engrossed - 110 - LRB095 18331 BDD 44415 b activity and (ii) for taxable years ending on or after December 31, 2008, to a person who would be a member of the same unitary business group but for the fact that the person is prohibited under Section 1501(a)(27) from being included in the unitary business group because he or she is ordinarily required to apportion business income under different subsections of Section 304.
As used in this subparagraph, the term "intangible expenses and costs" includes (1) expenses, losses, and costs for, or related to, the direct or indirect acquisition, use, maintenance or management, SB2912 - 111 - LRB095 18331 BDD 44415 b ownership, sale, exchange, or any other disposition of intangible property;
As used in this subparagraph, the term "intangible expenses and costs" includes (1) expenses, losses, and costs for, or related to, the direct or indirect acquisition, use, maintenance or management, SB2912 Engrossed - 111 - LRB095 18331 BDD 44415 b ownership, sale, exchange, or any other disposition of intangible property;
(a) the person during the same taxable year paid, accrued, or incurred, the intangible expense or cost to a person that is SB2912 - 112 - LRB095 18331 BDD 44415 b not a related member, and (b) the transaction giving rise to the intangible expense or cost between the taxpayer and the person did not have as a principal purpose the avoidance of Illinois income tax, and is paid pursuant to a contract or agreement that reflects arm’s-length terms;
(a) the person during the same taxable year paid, accrued, or incurred, the intangible expense or cost to a person that is SB2912 Engrossed - 112 - LRB095 18331 BDD 44415 b not a related member, and (b) the transaction giving rise to the intangible expense or cost between the taxpayer and the person did not have as a principal purpose the avoidance of Illinois income tax, and is paid pursuant to a contract or agreement that reflects arm’s-length terms;
(D-9) For taxable years ending on or after December SB2912 - 113 - LRB095 18331 BDD 44415 b 31, 2008, an amount equal to the amount of insurance premium expenses and costs otherwise allowed as a deduction in computing base income, and that were paid, accrued, or incurred, directly or indirectly, to a person who would be a member of the same unitary business group but for the fact that the person is prohibited under Section 1501(a)(27) from being included in the unitary business group because he or she is ordinarily required to apportion business income under different subsections of Section 304.
(D-9) For taxable years ending on or after December SB2912 Engrossed - 113 - LRB095 18331 BDD 44415 b 31, 2008, an amount equal to the amount of insurance premium expenses and costs otherwise allowed as a deduction in computing base income, and that were paid, accrued, or incurred, directly or indirectly, to a person who would be a member of the same unitary business group but for the fact that the person is prohibited under Section 1501(a)(27) from being included in the unitary business group because he or she is ordinarily required to apportion business income under different subsections of Section 304.
and by deducting from the total so obtained the following SB2912 - 114 - LRB095 18331 BDD 44415 b amounts:
and by deducting from the total so obtained the following SB2912 Engrossed - 114 - LRB095 18331 BDD 44415 b amounts:
(I) An amount equal to all amounts of income distributable to an entity subject to the Personal Property Tax Replacement Income Tax imposed by subsections (c) and (d) of Section 201 of this Act including amounts distributable to organizations SB2912 - 115 - LRB095 18331 BDD 44415 b exempt from federal income tax by reason of Section 501(a) of the Internal Revenue Code;
(I) An amount equal to all amounts of income distributable to an entity subject to the Personal Property Tax Replacement Income Tax imposed by subsections (c) and (d) of Section 201 of this Act including amounts distributable to organizations SB2912 Engrossed - 115 - LRB095 18331 BDD 44415 b exempt from federal income tax by reason of Section 501(a) of the Internal Revenue Code;
This SB2912 - 116 - LRB095 18331 BDD 44415 b subparagraph (K) is exempt from the provisions of Section 250;
This SB2912 Engrossed - 116 - LRB095 18331 BDD 44415 b subparagraph (K) is exempt from the provisions of Section 250;
(1) "y" equals the amount of the depreciation SB2912 - 117 - LRB095 18331 BDD 44415 b deduction taken for the taxable year on the taxpayer’s federal income tax return on property for which the bonus depreciation deduction was taken in any year under subsection (k) of Section 168 of the Internal Revenue Code, but not including the bonus depreciation deduction;
(1) "y" equals the amount of the depreciation SB2912 Engrossed - 117 - LRB095 18331 BDD 44415 b deduction taken for the taxable year on the taxpayer’s federal income tax return on property for which the bonus depreciation deduction was taken in any year under subsection (k) of Section 168 of the Internal Revenue Code, but not including the bonus depreciation deduction;
The aggregate amount deducted under this subparagraph in all taxable years for any one piece of property may not exceed the amount of the bonus depreciation deduction taken on that property on the taxpayer’s federal income tax return under subsection SB2912 - 118 - LRB095 18331 BDD 44415 b (k) of Section 168 of the Internal Revenue Code.
The aggregate amount deducted under this subparagraph in all taxable years for any one piece of property may not exceed the amount of the bonus depreciation deduction taken on that property on the taxpayer’s federal income tax return under subsection SB2912 Engrossed - 118 - LRB095 18331 BDD 44415 b (k) of Section 168 of the Internal Revenue Code.
(Q) The amount of (i) any interest income (net of the deductions allocable thereto) taken into account for the taxable year with respect to a transaction with a taxpayer that is required to make an addition modification with respect to such transaction under Section 203(a)(2)(D-17), 203(b)(2)(E-12), SB2912 - 119 - LRB095 18331 BDD 44415 b 203(c)(2)(G-12), or 203(d)(2)(D-7), but not to exceed the amount of such addition modification and (ii) any income from intangible property (net of the deductions allocable thereto) taken into account for the taxable year with respect to a transaction with a taxpayer that is required to make an addition modification with respect to such transaction under Section 203(a)(2)(D-18), 203(b)(2)(E-13), 203(c)(2)(G-13), or 203(d)(2)(D-8), but not to exceed the amount of such addition modification.
(Q) The amount of (i) any interest income (net of the deductions allocable thereto) taken into account for the taxable year with respect to a transaction with a taxpayer that is required to make an addition modification with respect to such transaction under Section 203(a)(2)(D-17), 203(b)(2)(E-12), SB2912 Engrossed - 119 - LRB095 18331 BDD 44415 b 203(c)(2)(G-12), or 203(d)(2)(D-7), but not to exceed the amount of such addition modification and (ii) any income from intangible property (net of the deductions allocable thereto) taken into account for the taxable year with respect to a transaction with a taxpayer that is required to make an addition modification with respect to such transaction under Section 203(a)(2)(D-18), 203(b)(2)(E-13), 203(c)(2)(G-13), or 203(d)(2)(D-8), but not to exceed the amount of such addition modification.
(R) An amount equal to the interest income taken into account for the taxable year (net of the deductions allocable thereto) with respect to transactions with (i) a foreign person who would be a member of the taxpayer’s unitary business group but for the fact that the foreign person’s business activity outside the United States is 80% or more of that person’s total business activity and (ii) for taxable years ending on or after December 31, 2008, to a person who would be a member of the same unitary business group but for the fact that the person is prohibited under Section 1501(a)(27) from being included in the unitary business group because he or she is ordinarily required to apportion business income under different subsections of Section 304, but not to exceed the SB2912 - 120 - LRB095 18331 BDD 44415 b addition modification required to be made for the same taxable year under Section 203(d)(2)(D-7) for interest paid, accrued, or incurred, directly or indirectly, to the same person.
(R) An amount equal to the interest income taken into account for the taxable year (net of the deductions allocable thereto) with respect to transactions with (i) a foreign person who would be a member of the taxpayer’s unitary business group but for the fact that the foreign person’s business activity outside the United States is 80% or more of that person’s total business activity and (ii) for taxable years ending on or after December 31, 2008, to a person who would be a member of the same unitary business group but for the fact that the person is prohibited under Section 1501(a)(27) from being included in the unitary business group because he or she is ordinarily required to apportion business income under different subsections of Section 304, but not to exceed the SB2912 Engrossed - 120 - LRB095 18331 BDD 44415 b addition modification required to be made for the same taxable year under Section 203(d)(2)(D-7) for interest paid, accrued, or incurred, directly or indirectly, to the same person.
and (T) For taxable years ending on or after December SB2912 - 121 - LRB095 18331 BDD 44415 b 31, 2008, in the case of a taxpayer who was required to add back any insurance premiums under Section 203(d)(2)(D-9), an amount equal to the amount of any reimbursement received from the insurance company for any loss covered by a policy for which those premiums were paid, to the extent of the federal income tax deduction that would have been allowable for the loss if not for the reimbursement.
and (T) For taxable years ending on or after December SB2912 Engrossed - 121 - LRB095 18331 BDD 44415 b 31, 2008, in the case of a taxpayer who was required to add back any insurance premiums under Section 203(d)(2)(D-9), an amount equal to the amount of any reimbursement received from the insurance company for any loss covered by a policy for which those premiums were paid, to the extent of the federal income tax deduction that would have been allowable for the loss if not for the reimbursement.
For taxable years ending prior to SB2912 - 122 - LRB095 18331 BDD 44415 b December 31, 1986, taxable income may never be an amount in excess of the net operating loss for the taxable year as defined in subsections (c) and (d) of Section 172 of the Internal Revenue Code, provided that when taxable income of a corporation (other than a Subchapter S corporation), trust, or estate is less than zero and addition modifications, other than those provided by subparagraph (E) of paragraph (2) of subsection (b) for corporations or subparagraph (E) of paragraph (2) of subsection (c) for trusts and estates, exceed subtraction modifications, an addition modification must be made under those subparagraphs for any other taxable year to which the taxable income less than zero (net operating loss) is applied under Section 172 of the Internal Revenue Code or under subparagraph (E) of paragraph (2) of this subsection (e) applied in conjunction with Section 172 of the Internal Revenue Code.
For taxable years ending prior to SB2912 Engrossed - 122 - LRB095 18331 BDD 44415 b December 31, 1986, taxable income may never be an amount in excess of the net operating loss for the taxable year as defined in subsections (c) and (d) of Section 172 of the Internal Revenue Code, provided that when taxable income of a corporation (other than a Subchapter S corporation), trust, or estate is less than zero and addition modifications, other than those provided by subparagraph (E) of paragraph (2) of subsection (b) for corporations or subparagraph (E) of paragraph (2) of subsection (c) for trusts and estates, exceed subtraction modifications, an addition modification must be made under those subparagraphs for any other taxable year to which the taxable income less than zero (net operating loss) is applied under Section 172 of the Internal Revenue Code or under subparagraph (E) of paragraph (2) of this subsection (e) applied in conjunction with Section 172 of the Internal Revenue Code.
In the case of a life insurance company subject to the tax imposed by Section 801 of the Internal Revenue Code, life insurance company taxable income, plus the amount of distribution from pre-1984 policyholder surplus accounts as calculated under Section 815a of the SB2912 - 123 - LRB095 18331 BDD 44415 b Internal Revenue Code;
In the case of a life insurance company subject to the tax imposed by Section 801 of the Internal Revenue Code, life insurance company taxable income, plus the amount of distribution from pre-1984 policyholder surplus accounts as calculated under Section 815a of the SB2912 Engrossed - 123 - LRB095 18331 BDD 44415 b Internal Revenue Code;
In the case of a cooperative SB2912 - 124 - LRB095 18331 BDD 44415 b corporation or association, the taxable income of such organization determined in accordance with the provisions of Section 1381 through 1388 of the Internal Revenue Code;
In the case of a cooperative SB2912 Engrossed - 124 - LRB095 18331 BDD 44415 b corporation or association, the taxable income of such organization determined in accordance with the provisions of Section 1381 through 1388 of the Internal Revenue Code;
In the case of a partnership, taxable income determined in accordance with Section 703 of the Internal Revenue Code, except that taxable income shall take into account those items which are required by Section 703(a)(1) to be separately stated but which would be taken into account by an individual SB2912 - 125 - LRB095 18331 BDD 44415 b in calculating his taxable income.
In the case of a partnership, taxable income determined in accordance with Section 703 of the Internal Revenue Code, except that taxable income shall take into account those items which are required by Section 703(a)(1) to be separately stated but which would be taken into account by an individual SB2912 Engrossed - 125 - LRB095 18331 BDD 44415 b in calculating his taxable income.
(A) The sum of the pre-August 1, 1969 appreciation amounts (to the extent consisting of gain reportable under the provisions of Section 1245 or 1250 of the Internal Revenue Code) for all property in respect of SB2912 - 126 - LRB095 18331 BDD 44415 b which such gain was reported for the taxable year;
(A) The sum of the pre-August 1, 1969 appreciation amounts (to the extent consisting of gain reportable under the provisions of Section 1245 or 1250 of the Internal Revenue Code) for all property in respect of SB2912 Engrossed - 126 - LRB095 18331 BDD 44415 b which such gain was reported for the taxable year;
(B) If the fair market value of property referred to in paragraph (1) was not readily ascertainable on August 1, 1969, the pre-August 1, 1969 appreciation amount for such property is that amount which bears the same ratio to the total gain reported in respect of the SB2912 - 127 - LRB095 18331 BDD 44415 b property for federal income tax purposes for the taxable year, as the number of full calendar months in that part of the taxpayer’s holding period for the property ending July 31, 1969 bears to the number of full calendar months in the taxpayer’s entire holding period for the property.
(B) If the fair market value of property referred to in paragraph (1) was not readily ascertainable on August 1, 1969, the pre-August 1, 1969 appreciation amount for such property is that amount which bears the same ratio to the total gain reported in respect of the SB2912 Engrossed - 127 - LRB095 18331 BDD 44415 b property for federal income tax purposes for the taxable year, as the number of full calendar months in that part of the taxpayer’s holding period for the property ending July 31, 1969 bears to the number of full calendar months in the taxpayer’s entire holding period for the property.
95-331, SB2912 - 128 - LRB095 18331 BDD 44415 b eff.
95-331, SB2912 Engrossed - 128 - LRB095 18331 BDD 44415 b eff.
For taxable years ending on or after December 31, 1992, a taxpayer whose Illinois base income exceeds the basic amount and who is claimed as a dependent on another person’s tax SB2912 - 129 - LRB095 18331 BDD 44415 b return under the Internal Revenue Code of 1986 shall not be allowed any basic amount under this subsection.
For taxable years ending on or after December 31, 1992, a taxpayer whose Illinois base income exceeds the basic amount and who is claimed as a dependent on another person’s tax SB2912 Engrossed - 129 - LRB095 18331 BDD 44415 b return under the Internal Revenue Code of 1986 shall not be allowed any basic amount under this subsection.
SB2912 - 130 - LRB095 18331 BDD 44415 b (2) Additional exemption for blindness of taxpayer or spouse.
SB2912 Engrossed - 130 - LRB095 18331 BDD 44415 b (2) Additional exemption for blindness of taxpayer or spouse.
See Article 3 for the manner of SB2912 - 131 - LRB095 18331 BDD 44415 b determining base income allocable to this State.
See Article 3 for the manner of SB2912 Engrossed - 131 - LRB095 18331 BDD 44415 b determining base income allocable to this State.
A partnership shall file such returns and other information at SB2912 - 132 - LRB095 18331 BDD 44415 b such time and in such manner as may be required under Article 5 of this Act.
A partnership shall file such returns and other information at SB2912 Engrossed - 132 - LRB095 18331 BDD 44415 b such time and in such manner as may be required under Article 5 of this Act.
A person not otherwise SB2912 - 133 - LRB095 18331 BDD 44415 b subject to the tax imposed by this Act shall not become subject to the tax imposed by this Act by reason of:
A person not otherwise SB2912 Engrossed - 133 - LRB095 18331 BDD 44415 b subject to the tax imposed by this Act shall not become subject to the tax imposed by this Act by reason of:
SB2912 - 134 - LRB095 18331 BDD 44415 b Partners, shareholders of subchapter S corporations, and owners of limited liability companies (if the limited liability company is treated as a partnership for purposes of federal and State income taxation) are entitled to a credit under this Section to be determined in accordance with the determination of income and distributive share of income under Sections 702 and 703 and subchapter S of the Internal Revenue Code.
SB2912 Engrossed - 134 - LRB095 18331 BDD 44415 b Partners, shareholders of subchapter S corporations, and owners of limited liability companies (if the limited liability company is treated as a partnership for purposes of federal and State income taxation) are entitled to a credit under this Section to be determined in accordance with the determination of income and distributive share of income under Sections 702 and 703 and subchapter S of the Internal Revenue Code.
(d) A taxpayer claiming the credit provided by this Section SB2912 - 135 - LRB095 18331 BDD 44415 b must maintain and record any information that the Department may require by regulation regarding the project for which the credit is claimed.
(d) A taxpayer claiming the credit provided by this Section SB2912 Engrossed - 135 - LRB095 18331 BDD 44415 b must maintain and record any information that the Department may require by regulation regarding the project for which the credit is claimed.
For tax years ending on or after December 31, 1998, and except as otherwise provided by this Section, persons other than residents who derive business SB2912 - 136 - LRB095 18331 BDD 44415 b income from this State and one or more other states shall compute their apportionment factor by weighting their property, payroll, and sales factors as provided in subsection (h) of this Section.
For tax years ending on or after December 31, 1998, and except as otherwise provided by this Section, persons other than residents who derive business SB2912 Engrossed - 136 - LRB095 18331 BDD 44415 b income from this State and one or more other states shall compute their apportionment factor by weighting their property, payroll, and sales factors as provided in subsection (h) of this Section.
(A) The payroll factor is a fraction, the numerator of SB2912 - 137 - LRB095 18331 BDD 44415 b which is the total amount paid in this State during the taxable year by the person for compensation, and the denominator of which is the total compensation paid everywhere during the taxable year.
(A) The payroll factor is a fraction, the numerator of SB2912 Engrossed - 137 - LRB095 18331 BDD 44415 b which is the total amount paid in this State during the taxable year by the person for compensation, and the denominator of which is the total compensation paid everywhere during the taxable year.
The Illinois source income of a nonresident individual who is a member of a professional athletic team includes the portion of the individual’s total compensation for services performed as a member of a professional athletic team during the SB2912 - 138 - LRB095 18331 BDD 44415 b taxable year which the number of duty days spent within this State performing services for the team in any manner during the taxable year bears to the total number of duty days spent both within and without this State during the taxable year.
The Illinois source income of a nonresident individual who is a member of a professional athletic team includes the portion of the individual’s total compensation for services performed as a member of a professional athletic team during the SB2912 Engrossed - 138 - LRB095 18331 BDD 44415 b taxable year which the number of duty days spent within this State performing services for the team in any manner during the taxable year bears to the total number of duty days spent both within and without this State during the taxable year.
(3) Except as provided in items (C) and (D) of SB2912 - 139 - LRB095 18331 BDD 44415 b this subpart (3), the term "duty days" means all days during the taxable year from the beginning of the professional athletic team’s official pre-season training period through the last game in which the team competes or is scheduled to compete.
(3) Except as provided in items (C) and (D) of SB2912 Engrossed - 139 - LRB095 18331 BDD 44415 b this subpart (3), the term "duty days" means all days during the taxable year from the beginning of the professional athletic team’s official pre-season training period through the last game in which the team competes or is scheduled to compete.
(B) Also included in duty days are game days, practice days, days spent at team meetings, promotional caravans, preseason training camps, and days served with the team through all post-season games in which the team SB2912 - 140 - LRB095 18331 BDD 44415 b competes or is scheduled to compete.
(B) Also included in duty days are game days, practice days, days spent at team meetings, promotional caravans, preseason training camps, and days served with the team through all post-season games in which the team SB2912 Engrossed - 140 - LRB095 18331 BDD 44415 b competes or is scheduled to compete.
(E) Days for which a member of a professional athletic team is on the disabled list and does not conduct rehabilitation activities at facilities of the team, and is SB2912 - 141 - LRB095 18331 BDD 44415 b not otherwise performing services for the team in Illinois, shall not be considered duty days spent in this State.
(E) Days for which a member of a professional athletic team is on the disabled list and does not conduct rehabilitation activities at facilities of the team, and is SB2912 Engrossed - 141 - LRB095 18331 BDD 44415 b not otherwise performing services for the team in Illinois, shall not be considered duty days spent in this State.
This compensation does not include strike benefits, severance pay, termination pay, contract or option year buy-out payments, SB2912 - 142 - LRB095 18331 BDD 44415 b expansion or relocation payments, or any other payments not related to services performed for the team.
This compensation does not include strike benefits, severance pay, termination pay, contract or option year buy-out payments, SB2912 Engrossed - 142 - LRB095 18331 BDD 44415 b expansion or relocation payments, or any other payments not related to services performed for the team.
(B) Sales of tangible personal property are in this SB2912 - 143 - LRB095 18331 BDD 44415 b State if:
(B) Sales of tangible personal property are in this SB2912 Engrossed - 143 - LRB095 18331 BDD 44415 b State if:
(i) Gross receipts from the licensing, sale, or other disposition of a patent, copyright, trademark, or similar item of intangible personal property are in SB2912 - 144 - LRB095 18331 BDD 44415 b this State to the extent the item is utilized in this State during the year the gross receipts are included in gross income.
(i) Gross receipts from the licensing, sale, or other disposition of a patent, copyright, trademark, or similar item of intangible personal property are in SB2912 Engrossed - 144 - LRB095 18331 BDD 44415 b this State to the extent the item is utilized in this State during the year the gross receipts are included in gross income.
If a copyright is utilized in more than one state, the extent to which it is utilized in any one state shall be a fraction equal to the gross receipts from sales or licenses of materials printed or published in that state divided by the total of such gross receipts for all SB2912 - 145 - LRB095 18331 BDD 44415 b states in which the copyright is utilized.
If a copyright is utilized in more than one state, the extent to which it is utilized in any one state shall be a fraction equal to the gross receipts from sales or licenses of materials printed or published in that state divided by the total of such gross receipts for all SB2912 Engrossed - 145 - LRB095 18331 BDD 44415 b states in which the copyright is utilized.
SB2912 - 146 - LRB095 18331 BDD 44415 b (B-5) For taxable years ending on or after December 31, 2008, except as provided in subsections (ii) through (vii), receipts from the sale of telecommunications service or mobile telecommunications service are in this State if the customer’s service address is in this State.
SB2912 Engrossed - 146 - LRB095 18331 BDD 44415 b (B-5) For taxable years ending on or after December 31, 2008, except as provided in subsections (ii) through (vii), receipts from the sale of telecommunications service or mobile telecommunications service are in this State if the customer’s service address is in this State.
"Conference bridging service" means an "ancillary SB2912 - 147 - LRB095 18331 BDD 44415 b service" that links two or more participants of an audio or video conference call and may include the provision of a telephone number.
"Conference bridging service" means an "ancillary SB2912 Engrossed - 147 - LRB095 18331 BDD 44415 b service" that links two or more participants of an audio or video conference call and may include the provision of a telephone number.
"Place of primary use" means the street address representative of where the customer’s use of the telecommunications service primarily occurs, which SB2912 - 148 - LRB095 18331 BDD 44415 b must be the residential street address or the primary business street address of the customer.
"Place of primary use" means the street address representative of where the customer’s use of the telecommunications service primarily occurs, which SB2912 Engrossed - 148 - LRB095 18331 BDD 44415 b must be the residential street address or the primary business street address of the customer.
"Prepaid Mobile telecommunication service" means a SB2912 - 149 - LRB095 18331 BDD 44415 b telecommunications service that provides the right to utilize mobile wireless service as well as other non-telecommunication services, including but not limited to ancillary services, which must be paid for in advance that is sold in predetermined units or dollars of which the number declines with use in a known amount.
"Prepaid Mobile telecommunication service" means a SB2912 Engrossed - 149 - LRB095 18331 BDD 44415 b telecommunications service that provides the right to utilize mobile wireless service as well as other non-telecommunication services, including but not limited to ancillary services, which must be paid for in advance that is sold in predetermined units or dollars of which the number declines with use in a known amount.
(b) If the location in line (a) is not known, service address means the origination point of the signal of the telecommunications services first identified by either the seller’s telecommunications system or in information SB2912 - 150 - LRB095 18331 BDD 44415 b received by the seller from its service provider where the system used to transport such signals is not that of the seller;
(b) If the location in line (a) is not known, service address means the origination point of the signal of the telecommunications services first identified by either the seller’s telecommunications system or in information SB2912 Engrossed - 150 - LRB095 18331 BDD 44415 b received by the seller from its service provider where the system used to transport such signals is not that of the seller;
(b) Installation or maintenance of wiring or SB2912 - 151 - LRB095 18331 BDD 44415 b equipment on a customer’s premises;
(b) Installation or maintenance of wiring or SB2912 Engrossed - 151 - LRB095 18331 BDD 44415 b equipment on a customer’s premises;
"Vertical service" means an "ancillary service" that is offered in connection with one or more "telecommunications services", which offers advanced calling features that allow customers to identify SB2912 - 152 - LRB095 18331 BDD 44415 b callers and to manage multiple calls and call connections, including "conference bridging services".
"Vertical service" means an "ancillary service" that is offered in connection with one or more "telecommunications services", which offers advanced calling features that allow customers to identify SB2912 Engrossed - 152 - LRB095 18331 BDD 44415 b callers and to manage multiple calls and call connections, including "conference bridging services".
(iv) Receipts from the sale of prepaid SB2912 - 153 - LRB095 18331 BDD 44415 b telecommunications service or prepaid mobile telecommunications service at retail are in this State if the purchaser obtains the prepaid card or similar means of conveyance at a location in this State.
(iv) Receipts from the sale of prepaid SB2912 Engrossed - 153 - LRB095 18331 BDD 44415 b telecommunications service or prepaid mobile telecommunications service at retail are in this State if the purchaser obtains the prepaid card or similar means of conveyance at a location in this State.
(d) The receipts from charges for service segments with a channel termination point located in this State and in two or more other states, and which segments are not separately billed, are in this State based on a percentage determined by SB2912 - 154 - LRB095 18331 BDD 44415 b dividing the number of customer channel termination points in this State by the total number of customer channel termination points.
(d) The receipts from charges for service segments with a channel termination point located in this State and in two or more other states, and which segments are not separately billed, are in this State based on a percentage determined by SB2912 Engrossed - 154 - LRB095 18331 BDD 44415 b dividing the number of customer channel termination points in this State by the total number of customer channel termination points.
(c) 100% of the receipts from interstate end user access line charges, if the customer’s SB2912 - 155 - LRB095 18331 BDD 44415 b service address is in this State.
(c) 100% of the receipts from interstate end user access line charges, if the customer’s SB2912 Engrossed - 155 - LRB095 18331 BDD 44415 b service address is in this State.
SB2912 - 156 - LRB095 18331 BDD 44415 b (C-5) For taxable years ending on or after December 31, 2008, sales, other than sales governed by paragraphs (B), (B-1), (B-2), and (B-5), are in this State if any of the following criteria are met:
SB2912 Engrossed - 156 - LRB095 18331 BDD 44415 b (C-5) For taxable years ending on or after December 31, 2008, sales, other than sales governed by paragraphs (B), (B-1), (B-2), and (B-5), are in this State if any of the following criteria are met:
For purposes of this subparagraph, a customer is in this State if the SB2912 - 157 - LRB095 18331 BDD 44415 b customer is an individual, trust or estate who is a resident of this State and, for all other customers, if the customer’s commercial domicile is in this State.
For purposes of this subparagraph, a customer is in this State if the SB2912 Engrossed - 157 - LRB095 18331 BDD 44415 b customer is an individual, trust or estate who is a resident of this State and, for all other customers, if the customer’s commercial domicile is in this State.
If the state where the services are received is not readily determinable or is a state where the SB2912 - 158 - LRB095 18331 BDD 44415 b corporation, partnership, or trust receiving the service does not have a fixed place of business, the services shall be deemed to be received at the location of the office of the customer from which the services were ordered in the regular course of the customer’s trade or business.
If the state where the services are received is not readily determinable or is a state where the SB2912 Engrossed - 158 - LRB095 18331 BDD 44415 b corporation, partnership, or trust receiving the service does not have a fixed place of business, the services shall be deemed to be received at the location of the office of the customer from which the services were ordered in the regular course of the customer’s trade or business.
(E) Paragraphs (B-1) and (B-2) shall apply to tax years ending on or after December 31, 1999, provided that a SB2912 - 159 - LRB095 18331 BDD 44415 b taxpayer may elect to apply the provisions of these paragraphs to prior tax years.
(E) Paragraphs (B-1) and (B-2) shall apply to tax years ending on or after December 31, 1999, provided that a SB2912 Engrossed - 159 - LRB095 18331 BDD 44415 b taxpayer may elect to apply the provisions of these paragraphs to prior tax years.
For purposes of this subsection, the term "direct premiums written" means the total amount of direct premiums written, assessments and SB2912 - 160 - LRB095 18331 BDD 44415 b annuity considerations as reported for the taxable year on the annual statement filed by the company with the Illinois Director of Insurance in the form approved by the National Convention of Insurance Commissioners or such other form as may be prescribed in lieu thereof.
For purposes of this subsection, the term "direct premiums written" means the total amount of direct premiums written, assessments and SB2912 Engrossed - 160 - LRB095 18331 BDD 44415 b annuity considerations as reported for the taxable year on the annual statement filed by the company with the Illinois Director of Insurance in the form approved by the National Convention of Insurance Commissioners or such other form as may be prescribed in lieu thereof.
For taxable years ending before December 31, 2008, for purposes of this paragraph, premiums written for reinsurance accepted in respect of property or risk in this State, whether or not otherwise determinable, may, at the election of the company, be determined on the basis of the proportion which premiums written for reinsurance accepted from companies commercially domiciled in Illinois bears to premiums written for reinsurance accepted from all sources, or, alternatively, in the proportion which the sum SB2912 - 161 - LRB095 18331 BDD 44415 b of the direct premiums written for insurance upon property or risk in this State by each ceding company from which reinsurance is accepted bears to the sum of the total direct premiums written by each such ceding company for the taxable year.
For taxable years ending before December 31, 2008, for purposes of this paragraph, premiums written for reinsurance accepted in respect of property or risk in this State, whether or not otherwise determinable, may, at the election of the company, be determined on the basis of the proportion which premiums written for reinsurance accepted from companies commercially domiciled in Illinois bears to premiums written for reinsurance accepted from all sources, or, alternatively, in the proportion which the sum SB2912 Engrossed - 161 - LRB095 18331 BDD 44415 b of the direct premiums written for insurance upon property or risk in this State by each ceding company from which reinsurance is accepted bears to the sum of the total direct premiums written by each such ceding company for the taxable year.
(D) Interest charged to customers at places of business maintained within this State for carrying SB2912 - 162 - LRB095 18331 BDD 44415 b debit balances of margin accounts, without deduction of any costs incurred in carrying such accounts;
(D) Interest charged to customers at places of business maintained within this State for carrying SB2912 Engrossed - 162 - LRB095 18331 BDD 44415 b debit balances of margin accounts, without deduction of any costs incurred in carrying such accounts;
The average aggregate, determined on a quarterly basis, of the financial organization’s SB2912 - 163 - LRB095 18331 BDD 44415 b loans to banks in foreign countries, to foreign domiciled borrowers (except where secured primarily by real estate) and to foreign governments and other foreign official institutions, as reported for its branches, agencies and offices within the state on its "Consolidated Report of Condition", Schedule A, Lines 2.c., 5.b., and 7.a., which was filed with the Federal Deposit Insurance Corporation and other regulatory authorities, for the year 1980, minus The average aggregate, determined on a quarterly basis, of such loans (other than loans of an international banking facility), as reported by the financial institution for its branches, agencies and offices within the state, on the corresponding Schedule and lines of the Consolidated Report of Condition for the current taxable year, provided, however, that in no case shall the amount determined in this clause (the subtrahend) exceed the amount determined in the preceding clause (the minuend);
The average aggregate, determined on a quarterly basis, of the financial organization’s SB2912 Engrossed - 163 - LRB095 18331 BDD 44415 b loans to banks in foreign countries, to foreign domiciled borrowers (except where secured primarily by real estate) and to foreign governments and other foreign official institutions, as reported for its branches, agencies and offices within the state on its "Consolidated Report of Condition", Schedule A, Lines 2.c., 5.b., and 7.a., which was filed with the Federal Deposit Insurance Corporation and other regulatory authorities, for the year 1980, minus The average aggregate, determined on a quarterly basis, of such loans (other than loans of an international banking facility), as reported by the financial institution for its branches, agencies and offices within the state, on the corresponding Schedule and lines of the Consolidated Report of Condition for the current taxable year, provided, however, that in no case shall the amount determined in this clause (the subtrahend) exceed the amount determined in the preceding clause (the minuend);
and (ii) the denominator shall be the average aggregate, determined on a quarterly basis, of the international banking facility’s loans to banks in foreign countries, to foreign domiciled borrowers SB2912 - 164 - LRB095 18331 BDD 44415 b (except where secured primarily by real estate) and to foreign governments and other foreign official institutions, which were recorded in its financial accounts for the current taxable year.
and (ii) the denominator shall be the average aggregate, determined on a quarterly basis, of the international banking facility’s loans to banks in foreign countries, to foreign domiciled borrowers SB2912 Engrossed - 164 - LRB095 18331 BDD 44415 b (except where secured primarily by real estate) and to foreign governments and other foreign official institutions, which were recorded in its financial accounts for the current taxable year.
(3) For taxable years ending on or after December 31, 2008, the business income of a financial organization shall be apportioned to this State by multiplying such income by a fraction, the numerator of which is its gross receipts from sources in this State or otherwise attributable to SB2912 - 165 - LRB095 18331 BDD 44415 b this State’s marketplace and the denominator of which is its gross receipts everywhere during the taxable year.
(3) For taxable years ending on or after December 31, 2008, the business income of a financial organization shall be apportioned to this State by multiplying such income by a fraction, the numerator of which is its gross receipts from sources in this State or otherwise attributable to SB2912 Engrossed - 165 - LRB095 18331 BDD 44415 b this State’s marketplace and the denominator of which is its gross receipts everywhere during the taxable year.
(iii) Interest income, commissions, fees, gains on disposition, and other receipts from consumer loans that are not secured by real or tangible personal SB2912 - 166 - LRB095 18331 BDD 44415 b property are from sources in this State if the debtor is a resident of this State.
(iii) Interest income, commissions, fees, gains on disposition, and other receipts from consumer loans that are not secured by real or tangible personal SB2912 Engrossed - 166 - LRB095 18331 BDD 44415 b property are from sources in this State if the debtor is a resident of this State.
(vii) Receipts from the issuance of travelers SB2912 - 167 - LRB095 18331 BDD 44415 b checks and money orders are from sources in this State if the checks and money orders are issued from a location within this State.
(vii) Receipts from the issuance of travelers SB2912 Engrossed - 167 - LRB095 18331 BDD 44415 b checks and money orders are from sources in this State if the checks and money orders are issued from a location within this State.
(A) The receipts factor shall include the amount by which interest from federal funds sold and securities purchased under resale SB2912 - 168 - LRB095 18331 BDD 44415 b agreements exceeds interest expense on federal funds purchased and securities sold under repurchase agreements.
(A) The receipts factor shall include the amount by which interest from federal funds sold and securities purchased under resale SB2912 Engrossed - 168 - LRB095 18331 BDD 44415 b agreements exceeds interest expense on federal funds purchased and securities sold under repurchase agreements.
(A) The amount of interest, dividends, net gains (but not less than zero), and other income from investment assets and activities in the investment account to be attributed to this State and included in the numerator is determined by multiplying all such income from such assets and activities by a fraction, the numerator of which is the gross income from SB2912 - 169 - LRB095 18331 BDD 44415 b such assets and activities which are properly assigned to a fixed place of business of the taxpayer within this State and the denominator of which is the gross income from all such assets and activities.
(A) The amount of interest, dividends, net gains (but not less than zero), and other income from investment assets and activities in the investment account to be attributed to this State and included in the numerator is determined by multiplying all such income from such assets and activities by a fraction, the numerator of which is the gross income from SB2912 Engrossed - 169 - LRB095 18331 BDD 44415 b such assets and activities which are properly assigned to a fixed place of business of the taxpayer within this State and the denominator of which is the gross income from all such assets and activities.
(C) The amount of interest, dividends, gains, and other income from trading assets and activities, including but not limited to assets and activities in the matched book, in the arbitrage book and foreign currency transactions (but excluding amounts described SB2912 - 170 - LRB095 18331 BDD 44415 b in subparagraphs (A) or (B) of this paragraph), attributable to this State and included in the numerator is determined by multiplying the amount described in subparagraph (B) of paragraph (1) of this subsection by a fraction, the numerator of which is the gross income from such trading assets and activities which are properly assigned to a fixed place of business of the taxpayer within this State and the denominator of which is the gross income from all such assets and activities.
(C) The amount of interest, dividends, gains, and other income from trading assets and activities, including but not limited to assets and activities in the matched book, in the arbitrage book and foreign currency transactions (but excluding amounts described SB2912 Engrossed - 170 - LRB095 18331 BDD 44415 b in subparagraphs (A) or (B) of this paragraph), attributable to this State and included in the numerator is determined by multiplying the amount described in subparagraph (B) of paragraph (1) of this subsection by a fraction, the numerator of which is the gross income from such trading assets and activities which are properly assigned to a fixed place of business of the taxpayer within this State and the denominator of which is the gross income from all such assets and activities.
(ii) such assignment on its records is SB2912 - 171 - LRB095 18331 BDD 44415 b based upon substantive contacts of the asset or activity to such fixed place of business;
(ii) such assignment on its records is SB2912 Engrossed - 171 - LRB095 18331 BDD 44415 b based upon substantive contacts of the asset or activity to such fixed place of business;
If the fixed place of business that has a preponderance of substantive contacts cannot be determined for an investment or trading asset or activity to which the presumption in subparagraph (D) of paragraph (2) of this subsection does not apply or with respect to which that presumption has been rebutted, that SB2912 - 172 - LRB095 18331 BDD 44415 b asset or activity is properly assigned to the state in which the taxpayer’s commercial domicile is located.
If the fixed place of business that has a preponderance of substantive contacts cannot be determined for an investment or trading asset or activity to which the presumption in subparagraph (D) of paragraph (2) of this subsection does not apply or with respect to which that presumption has been rebutted, that SB2912 Engrossed - 172 - LRB095 18331 BDD 44415 b asset or activity is properly assigned to the state in which the taxpayer’s commercial domicile is located.
For purposes of this paragraph, a revenue mile is the transportation of 1 SB2912 - 173 - LRB095 18331 BDD 44415 b passenger or 1 net ton of freight the distance of 1 mile for a consideration.
For purposes of this paragraph, a revenue mile is the transportation of 1 SB2912 Engrossed - 173 - LRB095 18331 BDD 44415 b passenger or 1 net ton of freight the distance of 1 mile for a consideration.
(3) For taxable years ending on or after December 31, 2008, business income derived from providing SB2912 - 174 - LRB095 18331 BDD 44415 b transportation services other than airline services shall be apportioned to this State by using a fraction, (a) the numerator of which shall be (i) all receipts from any movement or shipment of people, goods, mail, oil, gas, or any other substance (other than by airline) that both originates and terminates in this State, plus (ii) that portion of the person’s gross receipts from movements or shipments of people, goods, mail, oil, gas, or any other substance (other than by airline) that originates in one state or jurisdiction and terminates in another state or jurisdiction, that is determined by the ratio that the miles traveled in this State bears to total miles everywhere and (b) the denominator of which shall be all revenue derived from the movement or shipment of people, goods, mail, oil, gas, or any other substance (other than by airline).
(3) For taxable years ending on or after December 31, 2008, business income derived from providing SB2912 Engrossed - 174 - LRB095 18331 BDD 44415 b transportation services other than airline services shall be apportioned to this State by using a fraction, (a) the numerator of which shall be (i) all receipts from any movement or shipment of people, goods, mail, oil, gas, or any other substance (other than by airline) that both originates and terminates in this State, plus (ii) that portion of the person’s gross receipts from movements or shipments of people, goods, mail, oil, gas, or any other substance (other than by airline) that originates in one state or jurisdiction and terminates in another state or jurisdiction, that is determined by the ratio that the miles traveled in this State bears to total miles everywhere and (b) the denominator of which shall be all revenue derived from the movement or shipment of people, goods, mail, oil, gas, or any other substance (other than by airline).
and (B) relative gross receipts from passenger and SB2912 - 175 - LRB095 18331 BDD 44415 b freight transportation, in case of transportation other than by railroad.
and (B) relative gross receipts from passenger and SB2912 Engrossed - 175 - LRB095 18331 BDD 44415 b freight transportation, in case of transportation other than by railroad.
If the allocation and apportionment provisions of subsections (a) through (e) and of subsection (h) do not fairly represent the extent of a person’s SB2912 - 176 - LRB095 18331 BDD 44415 b business activity in this State, the person may petition for, or the Director may, without a petition, permit or require, in respect of all or any part of the person’s business activity, if reasonable:
If the allocation and apportionment provisions of subsections (a) through (e) and of subsection (h) do not fairly represent the extent of a person’s SB2912 Engrossed - 176 - LRB095 18331 BDD 44415 b business activity in this State, the person may petition for, or the Director may, without a petition, permit or require, in respect of all or any part of the person’s business activity, if reasonable:
(3) for tax years ending on or after December 31, 2000, SB2912 - 177 - LRB095 18331 BDD 44415 b the sales factor.
(3) for tax years ending on or after December 31, 2000, SB2912 Engrossed - 177 - LRB095 18331 BDD 44415 b the sales factor.
However, this paragraph shall not require a resident to make a return if such person has an Illinois base income of the basic amount in Section 204(b) or less and is either claimed as a dependent on another person’s tax return under the Internal SB2912 - 178 - LRB095 18331 BDD 44415 b Revenue Code of 1986, or is claimed as a dependent on another person’s tax return under this Act.
However, this paragraph shall not require a resident to make a return if such person has an Illinois base income of the basic amount in Section 204(b) or less and is either claimed as a dependent on another person’s tax return under the Internal SB2912 Engrossed - 178 - LRB095 18331 BDD 44415 b Revenue Code of 1986, or is claimed as a dependent on another person’s tax return under this Act.
In a case where a receiver, trustee in bankruptcy, or assignee, by order of a court of competent SB2912 - 179 - LRB095 18331 BDD 44415 b jurisdiction, by operation of law, or otherwise, has possession of or holds title to all or substantially all the property or business of a corporation, whether or not such property or business is being operated, such receiver, trustee, or assignee shall make the returns and notices required of such corporation in the same manner and form as corporations are required to make such returns and notices.
In a case where a receiver, trustee in bankruptcy, or assignee, by order of a court of competent SB2912 Engrossed - 179 - LRB095 18331 BDD 44415 b jurisdiction, by operation of law, or otherwise, has possession of or holds title to all or substantially all the property or business of a corporation, whether or not such property or business is being operated, such receiver, trustee, or assignee shall make the returns and notices required of such corporation in the same manner and form as corporations are required to make such returns and notices.
but they may elect to determine their joint net SB2912 - 180 - LRB095 18331 BDD 44415 b income and file a joint return as if both were residents and in such case, their liabilities shall be joint and several.
but they may elect to determine their joint net SB2912 Engrossed - 180 - LRB095 18331 BDD 44415 b income and file a joint return as if both were residents and in such case, their liabilities shall be joint and several.
(B) For tax liabilities arising on and after August 13, 1999 or which arose prior to that date, but remain unpaid as of that date, if an individual who filed a joint return for any taxable year has made an election under this paragraph, the individual’s liability for any tax shown on the joint return shall not exceed the individual’s separate return amount and the individual’s liability for any deficiency assessed for SB2912 - 181 - LRB095 18331 BDD 44415 b that taxable year shall not exceed the portion of the deficiency properly allocable to the individual.
(B) For tax liabilities arising on and after August 13, 1999 or which arose prior to that date, but remain unpaid as of that date, if an individual who filed a joint return for any taxable year has made an election under this paragraph, the individual’s liability for any tax shown on the joint return shall not exceed the individual’s separate return amount and the individual’s liability for any deficiency assessed for SB2912 Engrossed - 181 - LRB095 18331 BDD 44415 b that taxable year shall not exceed the portion of the deficiency properly allocable to the individual.
(iii) In determining the separate return amount or portion of any deficiency attributable to an individual, the Department shall follow the SB2912 - 182 - LRB095 18331 BDD 44415 b provisions in subsections (c) and (d) of Section 6015 of the Internal Revenue Code.
(iii) In determining the separate return amount or portion of any deficiency attributable to an individual, the Department shall follow the SB2912 Engrossed - 182 - LRB095 18331 BDD 44415 b provisions in subsections (c) and (d) of Section 6015 of the Internal Revenue Code.
SB2912 - 183 - LRB095 18331 BDD 44415 b (v) Any election made by an individual under this subsection shall apply to all years for which that individual and the spouse named in the election have filed a joint return.
SB2912 Engrossed - 183 - LRB095 18331 BDD 44415 b (v) Any election made by an individual under this subsection shall apply to all years for which that individual and the spouse named in the election have filed a joint return.
If a protest is filed, the Department shall take no collection action against the electing individual until the decision regarding the protest has become final under subsection (d) of Section 908 or, if SB2912 - 184 - LRB095 18331 BDD 44415 b administrative review of the Department’s decision is requested under Section 1201, until the decision of the court becomes final.
If a protest is filed, the Department shall take no collection action against the electing individual until the decision regarding the protest has become final under subsection (d) of Section 908 or, if SB2912 Engrossed - 184 - LRB095 18331 BDD 44415 b administrative review of the Department’s decision is requested under Section 1201, until the decision of the court becomes final.
For taxable years ending on or SB2912 - 185 - LRB095 18331 BDD 44415 b after December 31, 1987, corporate members (other than Subchapter S corporations) of the same unitary business group making this subsection (e) election are not required to have the same taxable year.
For taxable years ending on or SB2912 Engrossed - 185 - LRB095 18331 BDD 44415 b after December 31, 1987, corporate members (other than Subchapter S corporations) of the same unitary business group making this subsection (e) election are not required to have the same taxable year.
The Department may by regulation also permit such composite returns to include the income tax owed by Illinois residents attributable to their SB2912 - 186 - LRB095 18331 BDD 44415 b income from partnerships, Subchapter S corporations, insurance businesses organized under a Lloyds plan of operation, or limited liability companies that are treated as partnership under Section 1501(a)(16) of this Act, in which case such Illinois residents will be permitted to claim credits on their individual returns for their shares of the composite tax payments.
The Department may by regulation also permit such composite returns to include the income tax owed by Illinois residents attributable to their SB2912 Engrossed - 186 - LRB095 18331 BDD 44415 b income from partnerships, Subchapter S corporations, insurance businesses organized under a Lloyds plan of operation, or limited liability companies that are treated as partnership under Section 1501(a)(16) of this Act, in which case such Illinois residents will be permitted to claim credits on their individual returns for their shares of the composite tax payments.
For taxable years ending on or after December 31, 2008, every nonresident shall be allowed a credit against his or her SB2912 - 187 - LRB095 18331 BDD 44415 b liability under subsections (a) and (b) of Section 201 for any amount of tax reported on a composite return and paid on his or her behalf under this subsection (f).
For taxable years ending on or after December 31, 2008, every nonresident shall be allowed a credit against his or her SB2912 Engrossed - 187 - LRB095 18331 BDD 44415 b liability under subsections (a) and (b) of Section 201 for any amount of tax reported on a composite return and paid on his or her behalf under this subsection (f).
Any person required to make a return for a SB2912 - 188 - LRB095 18331 BDD 44415 b taxable year under this Act may, at any time that a deficiency could be assessed or a refund claimed under this Act in respect of any item reported or properly reportable on such return or any amendment thereof, be required to furnish to the Department a true and correct copy of any return which may pertain to such item and which was filed by such person under the provisions of the Internal Revenue Code.
Any person required to make a return for a SB2912 Engrossed - 188 - LRB095 18331 BDD 44415 b taxable year under this Act may, at any time that a deficiency could be assessed or a refund claimed under this Act in respect of any item reported or properly reportable on such return or any amendment thereof, be required to furnish to the Department a true and correct copy of any return which may pertain to such item and which was filed by such person under the provisions of the Internal Revenue Code.
(1) the taxable income, any item of income or deduction, the income tax liability, or any tax credit reported in an original or amended a federal income tax return of that person for any year or as determined by the Internal Revenue Service or the courts is altered by amendment of such return or as a result of any other recomputation or redetermination of federal taxable income or loss, and such alteration reflects a change or settlement with respect to any item or items, affecting the computation of such person’s net income, net loss, or of any credit provided by Article 2 of this Act for any year under this Act, or in the number of personal exemptions allowable to such person under Section 151 of the Internal Revenue Code, or (2) the amount of tax required to be withheld by that person from compensation paid to employees and required to be reported by that person on a federal return is altered SB2912 - 189 - LRB095 18331 BDD 44415 b by amendment of the return or by any other recomputation or redetermination that is agreed to or finally determined on or after January 1, 2003, and the alteration affects the amount of compensation subject to withholding by that person under Section 701 of this Act.
(1) the taxable income, any item of income or deduction, the income tax liability, or any tax credit reported in an original or amended a federal income tax return of that person for any year or as determined by the Internal Revenue Service or the courts is altered by amendment of such return or as a result of any other recomputation or redetermination of federal taxable income or loss, and such alteration reflects a change or settlement with respect to any item or items, affecting the computation of such person’s net income, net loss, or of any credit provided by Article 2 of this Act for any year under this Act, or in the number of personal exemptions allowable to such person under Section 151 of the Internal Revenue Code, or (2) the amount of tax required to be withheld by that person from compensation paid to employees and required to be reported by that person on a federal return is altered SB2912 Engrossed - 189 - LRB095 18331 BDD 44415 b by amendment of the return or by any other recomputation or redetermination that is agreed to or finally determined on or after January 1, 2003, and the alteration affects the amount of compensation subject to withholding by that person under Section 701 of this Act.
Every taxpayer required to file a return under this Act shall, without assessment, notice or demand, pay any tax due thereon to the Department, at the place fixed for filing, on or before the date fixed for filing such return (determined without regard to any extension of time for filing the return) pursuant to regulations prescribed by the SB2912 - 190 - LRB095 18331 BDD 44415 b Department.
Every taxpayer required to file a return under this Act shall, without assessment, notice or demand, pay any tax due thereon to the Department, at the place fixed for filing, on or before the date fixed for filing such return (determined without regard to any extension of time for filing the return) pursuant to regulations prescribed by the SB2912 Engrossed - 190 - LRB095 18331 BDD 44415 b Department.
Any amount of estimated tax paid by a taxpayer pursuant to Article 8 for SB2912 - 191 - LRB095 18331 BDD 44415 b a taxable year shall be deemed to have been paid on account of the tax imposed by this Act for such taxable year.
Any amount of estimated tax paid by a taxpayer pursuant to Article 8 for SB2912 Engrossed - 191 - LRB095 18331 BDD 44415 b a taxable year shall be deemed to have been paid on account of the tax imposed by this Act for such taxable year.
If the net income of a taxpayer includes amounts included in his base income by reason of Section 667 668 or 669 of the SB2912 - 192 - LRB095 18331 BDD 44415 b Internal Revenue Code (relating to accumulation and capital gain distributions by a trust, respectively), the tax imposed on such taxpayer by this Act shall be credited with his pro rata portion of the taxes imposed by this Act on such trust for preceding taxable years which would not have been payable for such preceding years if the trust had in fact made distributions to its beneficiaries at the times and in the amounts specified in Section 667 Sections 666 and 669 of the Internal Revenue Code.
If the net income of a taxpayer includes amounts included in his base income by reason of Section 667 668 or 669 of the SB2912 Engrossed - 192 - LRB095 18331 BDD 44415 b Internal Revenue Code (relating to accumulation and capital gain distributions by a trust, respectively), the tax imposed on such taxpayer by this Act shall be credited with his pro rata portion of the taxes imposed by this Act on such trust for preceding taxable years which would not have been payable for such preceding years if the trust had in fact made distributions to its beneficiaries at the times and in the amounts specified in Section 667 Sections 666 and 669 of the Internal Revenue Code.
or (2) payments described in subsection (b) shall deduct SB2912 - 193 - LRB095 18331 BDD 44415 b and withhold from such compensation for each payroll period (as defined in Section 3401 of the Internal Revenue Code) an amount equal to the amount by which such individual’s compensation exceeds the proportionate part of this withholding exemption (computed as provided in Section 702) attributable to the payroll period for which such compensation is payable multiplied by a percentage equal to the percentage tax rate for individuals provided in subsection (b) of Section 201.
or (2) payments described in subsection (b) shall deduct SB2912 Engrossed - 193 - LRB095 18331 BDD 44415 b and withhold from such compensation for each payroll period (as defined in Section 3401 of the Internal Revenue Code) an amount equal to the amount by which such individual’s compensation exceeds the proportionate part of this withholding exemption (computed as provided in Section 702) attributable to the payroll period for which such compensation is payable multiplied by a percentage equal to the percentage tax rate for individuals provided in subsection (b) of Section 201.
Withholding shall be considered SB2912 - 194 - LRB095 18331 BDD 44415 b required under the provisions of the Internal Revenue Code to the extent the Internal Revenue Code either requires withholding or allows for voluntary withholding the payor and recipient have entered into such a voluntary withholding agreement.
Withholding shall be considered SB2912 Engrossed - 194 - LRB095 18331 BDD 44415 b required under the provisions of the Internal Revenue Code to the extent the Internal Revenue Code either requires withholding or allows for voluntary withholding the payor and recipient have entered into such a voluntary withholding agreement.
For purposes of this Section an employee shall be entitled to a withholding exemption in an amount equal to the basic amount in Section SB2912 - 195 - LRB095 18331 BDD 44415 b 204(b) for each personal or dependent exemption which he is entitled to claim on his federal return pursuant to Section 151 of the Internal Revenue Code of 1986;
For purposes of this Section an employee shall be entitled to a withholding exemption in an amount equal to the basic amount in Section SB2912 Engrossed - 195 - LRB095 18331 BDD 44415 b 204(b) for each personal or dependent exemption which he is entitled to claim on his federal return pursuant to Section 151 of the Internal Revenue Code of 1986;
Every employer required to deduct and withhold tax under this Act from compensation of an employee, or who would have been required so to deduct and withhold tax if the employee’s withholding exemption were not in excess of the basic amount in Section 204(b), shall furnish in duplicate to each such employee in respect of the compensation paid by such employer to such employee during the SB2912 - 196 - LRB095 18331 BDD 44415 b calendar year on or before January 31 of the succeeding year, or, if his employment is terminated before the close of such calendar year, on the date on which the last payment of compensation is made, a written statement in such form as the Department may by regulation prescribe showing the amount of compensation paid by the employer to the employee, the amount deducted and withheld as tax, the tax-exempt amount contributed to a medical savings account, and such other information as the Department shall prescribe.
Every employer required to deduct and withhold tax under this Act from compensation of an employee, or who would have been required so to deduct and withhold tax if the employee’s withholding exemption were not in excess of the basic amount in Section 204(b), shall furnish in duplicate to each such employee in respect of the compensation paid by such employer to such employee during the SB2912 Engrossed - 196 - LRB095 18331 BDD 44415 b calendar year on or before January 31 of the succeeding year, or, if his employment is terminated before the close of such calendar year, on the date on which the last payment of compensation is made, a written statement in such form as the Department may by regulation prescribe showing the amount of compensation paid by the employer to the employee, the amount deducted and withheld as tax, the tax-exempt amount contributed to a medical savings account, and such other information as the Department shall prescribe.
With respect to amounts withheld or required SB2912 - 197 - LRB095 18331 BDD 44415 b to be withheld on or after January 1, 2008:
With respect to amounts withheld or required SB2912 Engrossed - 197 - LRB095 18331 BDD 44415 b to be withheld on or after January 1, 2008:
Each employer shall pay to the Department, on or before the due date for each return SB2912 - 198 - LRB095 18331 BDD 44415 b required to be filed under this Section, any tax withheld or required to be withheld during the period for which the return is due and not previously paid to the Department.
Each employer shall pay to the Department, on or before the due date for each return SB2912 Engrossed - 198 - LRB095 18331 BDD 44415 b required to be filed under this Section, any tax withheld or required to be withheld during the period for which the return is due and not previously paid to the Department.
Every employer who deducts and withholds or is required to deduct and withhold tax from a SB2912 - 199 - LRB095 18331 BDD 44415 b person engaged in domestic service employment, as that term is defined in Section 3510 of the Internal Revenue Code, may comply with the requirements of this Section with respect to such employees by filing an annual return and paying the taxes required to be deducted and withheld on or before the 15th day of the fourth month following the close of the employer’s taxable year.
Every employer who deducts and withholds or is required to deduct and withhold tax from a SB2912 Engrossed - 199 - LRB095 18331 BDD 44415 b person engaged in domestic service employment, as that term is defined in Section 3510 of the Internal Revenue Code, may comply with the requirements of this Section with respect to such employees by filing an annual return and paying the taxes required to be deducted and withheld on or before the 15th day of the fourth month following the close of the employer’s taxable year.
SB2912 - 200 - LRB095 18331 BDD 44415 b (a) In general.
SB2912 Engrossed - 200 - LRB095 18331 BDD 44415 b (a) In general.
For purposes of subparagraph (A), the term "required annual payment" means the lesser of (i) 90% of the tax shown on the return for the taxable year, or if no return is filed, 90% of the tax for such year, or (ii) 100% of the tax shown on the return of the taxpayer for the preceding taxable year if a return SB2912 - 201 - LRB095 18331 BDD 44415 b showing a liability for tax was filed by the taxpayer for the preceding taxable year and such preceding year was a taxable year of 12 months.
For purposes of subparagraph (A), the term "required annual payment" means the lesser of (i) 90% of the tax shown on the return for the taxable year, or if no return is filed, 90% of the tax for such year, or (ii) 100% of the tax shown on the return of the taxpayer for the preceding taxable year if a return SB2912 Engrossed - 201 - LRB095 18331 BDD 44415 b showing a liability for tax was filed by the taxpayer for the preceding taxable year and such preceding year was a taxable year of 12 months.
In the case of any required installment, the annualized income installment is the excess, if any, of (i) an amount equal to the applicable percentage of the tax for the taxable year computed SB2912 - 202 - LRB095 18331 BDD 44415 b by placing on an annualized basis the net income for months in the taxable year ending before the due date for the installment, over (ii) the aggregate amount of any prior required installments for the taxable year.
In the case of any required installment, the annualized income installment is the excess, if any, of (i) an amount equal to the applicable percentage of the tax for the taxable year computed SB2912 Engrossed - 202 - LRB095 18331 BDD 44415 b by placing on an annualized basis the net income for months in the taxable year ending before the due date for the installment, over (ii) the aggregate amount of any prior required installments for the taxable year.
and (iii) deducting from such amount the standard SB2912 - 203 - LRB095 18331 BDD 44415 b exemption allowable for the taxable year, such standard exemption being determined as of the last date prescribed for payment of the installment.
and (iii) deducting from such amount the standard SB2912 Engrossed - 203 - LRB095 18331 BDD 44415 b exemption allowable for the taxable year, such standard exemption being determined as of the last date prescribed for payment of the installment.
Notwithstanding the provisions of the preceding subsections, the penalty imposed by subsection (a) SB2912 - 204 - LRB095 18331 BDD 44415 b shall not be imposed if the taxpayer was not required to file an Illinois income tax return for the preceding taxable year, or, for individuals, if the taxpayer had no tax liability for the preceding taxable year and such year was a taxable year of 12 months.
Notwithstanding the provisions of the preceding subsections, the penalty imposed by subsection (a) SB2912 Engrossed - 204 - LRB095 18331 BDD 44415 b shall not be imposed if the taxpayer was not required to file an Illinois income tax return for the preceding taxable year, or, for individuals, if the taxpayer had no tax liability for the preceding taxable year and such year was a taxable year of 12 months.
(1) in the case of an individual, tax withheld from compensation for the taxable year shall be deemed a payment of estimated tax, and an equal part of such amount shall be deemed paid on each installment date for such taxable year, SB2912 - 205 - LRB095 18331 BDD 44415 b unless the taxpayer establishes the dates on which all amounts were actually withheld, in which case the amounts so withheld shall be deemed payments of estimated tax on the dates on which such amounts were actually withheld;
(1) in the case of an individual, tax withheld from compensation for the taxable year shall be deemed a payment of estimated tax, and an equal part of such amount shall be deemed paid on each installment date for such taxable year, SB2912 Engrossed - 205 - LRB095 18331 BDD 44415 b unless the taxpayer establishes the dates on which all amounts were actually withheld, in which case the amounts so withheld shall be deemed payments of estimated tax on the dates on which such amounts were actually withheld;
The changes in this Section made by Public Act 84-127 shall SB2912 - 206 - LRB095 18331 BDD 44415 b apply to taxable years ending on or after January 1, 1986.
The changes in this Section made by Public Act 84-127 shall SB2912 Engrossed - 206 - LRB095 18331 BDD 44415 b apply to taxable years ending on or after January 1, 1986.
SB2912 - 207 - LRB095 18331 BDD 44415 b (d) Refund claim.
SB2912 Engrossed - 207 - LRB095 18331 BDD 44415 b (d) Refund claim.
An overpayment of tax refunded to a SB2912 - 208 - LRB095 18331 BDD 44415 b taxpayer whose return was filed electronically shall be considered an erroneous refund under Section 912 of this Act if, after proper notice and demand by the Department, the taxpayer fails to provide a required signature document.
An overpayment of tax refunded to a SB2912 Engrossed - 208 - LRB095 18331 BDD 44415 b taxpayer whose return was filed electronically shall be considered an erroneous refund under Section 912 of this Act if, after proper notice and demand by the Department, the taxpayer fails to provide a required signature document.
and (2) No credit or refund shall be allowed or made with respect to the year for which the claim was filed unless SB2912 - 209 - LRB095 18331 BDD 44415 b such claim is filed within such period.
and (2) No credit or refund shall be allowed or made with respect to the year for which the claim was filed unless SB2912 Engrossed - 209 - LRB095 18331 BDD 44415 b such claim is filed within such period.
SB2912 - 210 - LRB095 18331 BDD 44415 b (c) Extension by agreement.
SB2912 Engrossed - 210 - LRB095 18331 BDD 44415 b (c) Extension by agreement.
If the claim was filed by the claimant during the 3-year period prescribed in subsection (a), the amount of the credit or refund shall not exceed the portion of the tax paid within the period, immediately preceding the filing of SB2912 - 211 - LRB095 18331 BDD 44415 b the claim, equal to 3 years plus the period of any extension of time for filing the return.
If the claim was filed by the claimant during the 3-year period prescribed in subsection (a), the amount of the credit or refund shall not exceed the portion of the tax paid within the period, immediately preceding the filing of SB2912 Engrossed - 211 - LRB095 18331 BDD 44415 b the claim, equal to 3 years plus the period of any extension of time for filing the return.
If the claim for refund relates to an overpayment attributable to a net loss carryback as provided by Section 207, in lieu of the 3 year period of limitation prescribed in SB2912 - 212 - LRB095 18331 BDD 44415 b subsection (a), the period shall be that period which ends 3 years after the time prescribed by law for filing the return (including extensions thereof) for the taxable year of the net loss which results in such carryback (or, on and after August 13, 1999, with respect to a change in the carryover of an Article 2 credit to a taxable year resulting from the carryback of a Section 207 loss incurred in a taxable year beginning on or after January 1, 2000, the period shall be that period that ends 3 years after the time prescribed by law for filing the return (including extensions of that time) for that subsequent taxable year), or the period prescribed in subsection (c) in respect of such taxable year, whichever expires later.
If the claim for refund relates to an overpayment attributable to a net loss carryback as provided by Section 207, in lieu of the 3 year period of limitation prescribed in SB2912 Engrossed - 212 - LRB095 18331 BDD 44415 b subsection (a), the period shall be that period which ends 3 years after the time prescribed by law for filing the return (including extensions thereof) for the taxable year of the net loss which results in such carryback (or, on and after August 13, 1999, with respect to a change in the carryover of an Article 2 credit to a taxable year resulting from the carryback of a Section 207 loss incurred in a taxable year beginning on or after January 1, 2000, the period shall be that period that ends 3 years after the time prescribed by law for filing the return (including extensions of that time) for that subsequent taxable year), or the period prescribed in subsection (c) in respect of such taxable year, whichever expires later.
In the case of such a claim, the amount of the refund may exceed the portion of the tax paid within the period provided in SB2912 - 213 - LRB095 18331 BDD 44415 b subsection (d) to the extent of the amount of the overpayment attributable to the recomputation of the taxpayer’s Article 2 credits, or Section 207 loss, earned, incurred, or used in the taxable year for which the notification is given.
In the case of such a claim, the amount of the refund may exceed the portion of the tax paid within the period provided in SB2912 Engrossed - 213 - LRB095 18331 BDD 44415 b subsection (d) to the extent of the amount of the overpayment attributable to the recomputation of the taxpayer’s Article 2 credits, or Section 207 loss, earned, incurred, or used in the taxable year for which the notification is given.
8-16-07.) (35 ILCS 5/917) (from Ch.
8-16-07.) (35 ILCS 5/1002) (from Ch.
9-917) Sec.
917.
Confidentiality and information sharing.
(a) Confidentiality.
Except as provided in this Section, all information received by the Department from returns filed under this Act, or from any investigation conducted under the provisions of this Act, shall be confidential, except for official purposes within the Department or pursuant to official procedures for collection of any State tax or pursuant to an SB2912 - 214 - LRB095 18331 BDD 44415 b investigation or audit by the Illinois State Scholarship Commission of a delinquent student loan or monetary award or enforcement of any civil or criminal penalty or sanction imposed by this Act or by another statute imposing a State tax, and any person who divulges any such information in any manner, except for such purposes and pursuant to order of the Director or in accordance with a proper judicial order, shall be guilty of a Class A misdemeanor.
However, the provisions of this paragraph are not applicable to information furnished to (i) the Department of Healthcare and Family Services (formerly Department of Public Aid), State’s Attorneys, and the Attorney General for child support enforcement purposes and (ii) a licensed attorney representing the taxpayer where an appeal or a protest has been filed on behalf of the taxpayer.
If it is necessary to file information obtained pursuant to this Act in a child support enforcement proceeding, the information shall be filed under seal.
(b) Public information.
Nothing contained in this Act shall prevent the Director from publishing or making available to the public the names and addresses of persons filing returns under this Act, or from publishing or making available reasonable statistics concerning the operation of the tax wherein the contents of returns are grouped into aggregates in such a way that the information contained in any individual return shall not be disclosed.
(c) Governmental agencies.
The Director may make available SB2912 - 215 - LRB095 18331 BDD 44415 b to the Secretary of the Treasury of the United States or his delegate, or the proper officer or his delegate of any other state imposing a tax upon or measured by income, for exclusively official purposes, information received by the Department in the administration of this Act, but such permission shall be granted only if the United States or such other state, as the case may be, grants the Department substantially similar privileges.
The Director may exchange information with the Department of Healthcare and Family Services and the Department of Human Services (acting as successor to the Department of Public Aid under the Department of Human Services Act) for the purpose of verifying sources and amounts of income and for other purposes directly connected with the administration of this Act and the Illinois Public Aid Code.
The Director may exchange information with the Director of the Department of Employment Security for the purpose of verifying sources and amounts of income and for other purposes directly connected with the administration of this Act and Acts administered by the Department of Employment Security.
The Director may make available to the Illinois Workers’ Compensation Commission information regarding employers for the purpose of verifying the insurance coverage required under the Workers’ Compensation Act and Workers’ Occupational Diseases Act.
The Director may exchange information with the Illinois Department on Aging for the purpose of verifying sources and amounts of income for purposes directly related to SB2912 - 216 - LRB095 18331 BDD 44415 b confirming eligibility for participation in the programs of benefits authorized by the Senior Citizens and Disabled Persons Property Tax Relief and Pharmaceutical Assistance Act.
The Director may make available to any State agency, including the Illinois Supreme Court, which licenses persons to engage in any occupation, information that a person licensed by such agency has failed to file returns under this Act or pay the tax, penalty and interest shown therein, or has failed to pay any final assessment of tax, penalty or interest due under this Act.
The Director may make available to any State agency, including the Illinois Supreme Court, information regarding whether a bidder, contractor, or an affiliate of a bidder or contractor has failed to file returns under this Act or pay the tax, penalty, and interest shown therein, or has failed to pay any final assessment of tax, penalty, or interest due under this Act, for the limited purpose of enforcing bidder and contractor certifications.
For purposes of this Section, the term "affiliate" means any entity that (1) directly, indirectly, or constructively controls another entity, (2) is directly, indirectly, or constructively controlled by another entity, or (3) is subject to the control of a common entity.
For purposes of this subsection (a), an entity controls another entity if it owns, directly or individually, more than 10% of the voting securities of that entity.
As used in this subsection (a), the term "voting security" means a security that (1) confers upon the holder the right to vote for the SB2912 - 217 - LRB095 18331 BDD 44415 b election of members of the board of directors or similar governing body of the business or (2) is convertible into, or entitles the holder to receive upon its exercise, a security that confers such a right to vote.
A general partnership interest is a voting security.
The Director may make available to any State agency, including the Illinois Supreme Court, units of local government, and school districts, information regarding whether a bidder or contractor is an affiliate of a person who is not collecting and remitting Illinois Use taxes, for the limited purpose of enforcing bidder and contractor certifications.
The Director may also make available to the Secretary of State information that a corporation which has been issued a certificate of incorporation by the Secretary of State has failed to file returns under this Act or pay the tax, penalty and interest shown therein, or has failed to pay any final assessment of tax, penalty or interest due under this Act.
An assessment is final when all proceedings in court for review of such assessment have terminated or the time for the taking thereof has expired without such proceedings being instituted.
For taxable years ending on or after December 31, 1987, the Director may make available to the Director or principal officer of any Department of the State of Illinois, information that a person employed by such Department has failed to file returns under this Act or pay the tax, penalty and interest SB2912 - 218 - LRB095 18331 BDD 44415 b shown therein.
For purposes of this paragraph, the word "Department" shall have the same meaning as provided in Section 3 of the State Employees Group Insurance Act of 1971.
(d) The Director shall make available for public inspection in the Department’s principal office and for publication, at cost, administrative decisions issued on or after January 1, 1995.
These decisions are to be made available in a manner so that the following taxpayer information is not disclosed:
(1) The names, addresses, and identification numbers of the taxpayer, related entities, and employees.
(2) At the sole discretion of the Director, trade secrets or other confidential information identified as such by the taxpayer, no later than 30 days after receipt of an administrative decision, by such means as the Department shall provide by rule.
The Director shall determine the appropriate extent of the deletions allowed in paragraph (2).
In the event the taxpayer does not submit deletions, the Director shall make only the deletions specified in paragraph (1).
The Director shall make available for public inspection and publication an administrative decision within 180 days after the issuance of the administrative decision.
The term "administrative decision" has the same meaning as defined in Section 3-101 of Article III of the Code of Civil Procedure.
Costs collected under this Section shall be paid into the Tax Compliance and Administration Fund.
SB2912 - 219 - LRB095 18331 BDD 44415 b (e) Nothing contained in this Act shall prevent the Director from divulging information to any person pursuant to a request or authorization made by the taxpayer, by an authorized representative of the taxpayer, or, in the case of information related to a joint return, by the spouse filing the joint return with the taxpayer.
(Source:
P.A.
94-1074, eff.
12-26-06;
95-331, eff.
8-21-07.) (35 ILCS 5/1002) (from Ch.
120, par.
If any part of a deficiency is due to fraud, there shall be added to the tax as a penalty the amount prescribed by Section 3-6 of the Uniform Penalty and Interest Act.
If any part of a deficiency is due to fraud, SB2912 Engrossed - 214 - LRB095 18331 BDD 44415 b there shall be added to the tax as a penalty the amount prescribed by Section 3-6 of the Uniform Penalty and Interest Act.
If any employer, without intent to evade or defeat any tax imposed by this Act or the payment thereof, shall fail to make a return and pay a tax withheld by him at the time required by or under the provisions of this Act, such employer shall be liable for such taxes and shall pay the same together with the interest and the penalty provided by Sections 3-2 and 3-3, respectively, SB2912 - 220 - LRB095 18331 BDD 44415 b of the Uniform Penalty and Interest Act and such interest and penalty shall not be charged to or collected from the employee by the employer.
If any employer, without intent to evade or defeat any tax imposed by this Act or the payment thereof, shall fail to make a return and pay a tax withheld by him at the time required by or under the provisions of this Act, such employer shall be liable for such taxes and shall pay the same together with the interest and the penalty provided by Sections 3-2 and 3-3, respectively, of the Uniform Penalty and Interest Act and such interest and penalty shall not be charged to or collected from the employee by the employer.
Except as otherwise provided in this Act or the Uniform Penalty and Interest Act, the penalties provided by this Act or by the Uniform Penalty and Interest Act shall be paid upon notice and demand and shall be assessed, collected, and paid in the same manner as taxes and any reference in this Act to the tax imposed by this Act shall be deemed also to refer to penalties provided by this Act or by the Uniform Penalty and Interest Act.
Except as otherwise provided in this Act or the Uniform Penalty and Interest Act, the penalties provided by this Act or by the Uniform Penalty and Interest Act shall be paid upon notice and demand and shall be SB2912 Engrossed - 215 - LRB095 18331 BDD 44415 b assessed, collected, and paid in the same manner as taxes and any reference in this Act to the tax imposed by this Act shall be deemed also to refer to penalties provided by this Act or by the Uniform Penalty and Interest Act.
(3) Procedure for assessing the penalty for failure to file withholding returns or annual transmittal forms for SB2912 - 221 - LRB095 18331 BDD 44415 b wage and tax statements.
(3) Procedure for assessing the penalty for failure to file withholding returns or annual transmittal forms for wage and tax statements.
For purposes of subsections (a) and (b), the amount shown as the tax by the taxpayer upon his return shall be taken into account in determining the amount of the deficiency only if such return was filed on or before the last day prescribed by law for the filing of such return, including any extensions of the time for such filing.
For purposes of subsections (a) and (b), the amount shown as the tax by the taxpayer upon his return shall be taken into account in determining the amount of the deficiency only if such return SB2912 Engrossed - 216 - LRB095 18331 BDD 44415 b was filed on or before the last day prescribed by law for the filing of such return, including any extensions of the time for such filing.
(a) If any person liable to pay any tax neglects or refuses to pay the same after demand, the amount (including any interest, additional amount, addition to tax, or assessable SB2912 - 222 - LRB095 18331 BDD 44415 b penalty, together with any costs that may accrue in addition thereto) shall be a lien in favor of the State of Illinois upon all property and rights to property, whether real or personal, belonging to such person.
(a) If any person liable to pay any tax neglects or refuses to pay the same after demand, the amount (including any interest, additional amount, addition to tax, or assessable penalty, together with any costs that may accrue in addition thereto) shall be a lien in favor of the State of Illinois upon all property and rights to property, whether real or personal, belonging to such person.
(d) Notice of lien.
SB2912 Engrossed - 217 - LRB095 18331 BDD 44415 b (d) Notice of lien.
For the purposes of SB2912 - 223 - LRB095 18331 BDD 44415 b this subsection (d) (c), a tax return filed before the last day prescribed by law, including any extension thereof, shall be deemed to have been filed on such last day.
For the purposes of this subsection (d) (c), a tax return filed before the last day prescribed by law, including any extension thereof, shall be deemed to have been filed on such last day.
86-905.) (35 ILCS 5/1405.4 rep.) Section 23.
86-905.) (35 ILCS 5/1405.4) Sec.
The Illinois Income Tax Act is amended by repealing Section 1405.4.
1405.4.
Section 25.
Tax refund inquiries;
response.
The Department of Revenue shall establish procedures to inform taxpayers of the status of their refunds and shall provide a response to respond in writing to each inquiry concerning refunds under this Act within 10 days after receiving the inquiry.
The response shall include the date the inquiry was SB2912 Engrossed - 218 - LRB095 18331 BDD 44415 b received, the file number assigned to the inquiry, and the name and telephone number of a person within the Department of Revenue whom the taxpayer may contact with further inquiries.
(Source:
P.A.
89-89, eff.
6-30-95.) Section 25.
2603-3) SB2912 - 224 - LRB095 18331 BDD 44415 b Sec.
2603-3) Sec.
If any unprocessable return is corrected and filed within 21 days after notice by the Department, the late filing or nonfiling penalty shall not apply.
If any unprocessable return is corrected and filed within 21 days after notice by the Department, the SB2912 Engrossed - 219 - LRB095 18331 BDD 44415 b late filing or nonfiling penalty shall not apply.
A penalty equal to 2% of the tax required to be shown due on a return, up to a maximum amount of $250, determined without regard to any part of the tax that is paid on time or by any credit that was properly allowable on the date the return was SB2912 - 225 - LRB095 18331 BDD 44415 b required to be filed, shall be imposed for failure to file the tax return on or before the due date prescribed for filing determined with regard for any extension of time for filing.
A penalty equal to 2% of the tax required to be shown due on a return, up to a maximum amount of $250, determined without regard to any part of the tax that is paid on time or by any credit that was properly allowable on the date the return was required to be filed, shall be imposed for failure to file the tax return on or before the due date prescribed for filing determined with regard for any extension of time for filing.
However, the additional penalty amount may not exceed $5,000 and is determined without regard to any part of the tax that is paid on time or by any credit that was properly allowable on the date the return was required to be filed (penalty for late filing or nonfiling).
However, the additional SB2912 Engrossed - 220 - LRB095 18331 BDD 44415 b penalty amount may not exceed $5,000 and is determined without regard to any part of the tax that is paid on time or by any credit that was properly allowable on the date the return was required to be filed (penalty for late filing or nonfiling).
(a-10) This subsection (a-10) is applicable to returns due SB2912 - 226 - LRB095 18331 BDD 44415 b on and after January 1, 2001.
(a-10) This subsection (a-10) is applicable to returns due on and after January 1, 2001.
However, if any return is not filed within 30 days after notice of nonfiling mailed by the Department to the last known address of the taxpayer contained in Department records, an additional penalty amount shall be imposed equal to the greater of $250 or 2% of the tax shown on the return.
However, if any return is not filed within 30 days after notice SB2912 Engrossed - 221 - LRB095 18331 BDD 44415 b of nonfiling mailed by the Department to the last known address of the taxpayer contained in Department records, an additional penalty amount shall be imposed equal to the greater of $250 or 2% of the tax shown on the return.
In the case of any type of tax return required to be filed more frequently than annually, when the failure to file the tax return on or before the date prescribed for filing (including any extensions) is shown to be nonfraudulent and has not occurred SB2912 - 227 - LRB095 18331 BDD 44415 b in the 2 years immediately preceding the failure to file on the prescribed due date, the penalty imposed by Section 3-3(a-10) shall be abated.
In the case of any type of tax return required to be filed more frequently than annually, when the failure to file the tax return on or before the date prescribed for filing (including any extensions) is shown to be nonfraudulent and has not occurred in the 2 years immediately preceding the failure to file on the prescribed due date, the penalty imposed by Section 3-3(a-10) shall be abated.
(1) the tax shown due on the return on or before the due date prescribed for payment of that tax, an amount of underpayment of estimated tax, or an amount that is reported in an amended return other than an amended return timely filed as required by subsection (b) of Section 506 of the Illinois Income Tax Act (penalty for late payment or nonpayment of admitted liability);
(1) the tax shown due on the return on or before the SB2912 Engrossed - 222 - LRB095 18331 BDD 44415 b due date prescribed for payment of that tax, an amount of underpayment of estimated tax, or an amount that is reported in an amended return other than an amended return timely filed as required by subsection (b) of Section 506 of the Illinois Income Tax Act (penalty for late payment or nonpayment of admitted liability);
In the case of a notice of tax liability that becomes a final assessment without a protest and hearing, SB2912 - 228 - LRB095 18331 BDD 44415 b the penalty provided in this paragraph (2) shall be imposed at the expiration of the period provided for the filing of a protest.
In the case of a notice of tax liability that becomes a final assessment without a protest and hearing, the penalty provided in this paragraph (2) shall be imposed at the expiration of the period provided for the filing of a protest.
(1) the tax shown due on the return on or before the due date prescribed for payment of that tax, an amount of underpayment of estimated tax, or an amount that is reported in an amended return other than an amended return timely filed as required by subsection (b) of Section 506 of the Illinois Income Tax Act (penalty for late payment or nonpayment of admitted liability);
SB2912 Engrossed - 223 - LRB095 18331 BDD 44415 b (1) the tax shown due on the return on or before the due date prescribed for payment of that tax, an amount of underpayment of estimated tax, or an amount that is reported in an amended return other than an amended return timely filed as required by subsection (b) of Section 506 of the Illinois Income Tax Act (penalty for late payment or nonpayment of admitted liability);
In the case of a notice of tax liability that SB2912 - 229 - LRB095 18331 BDD 44415 b becomes a final assessment without a protest and hearing, the penalty provided in this paragraph (2) shall be imposed at the expiration of the period provided for the filing of a protest.
In the case of a notice of tax liability that becomes a final assessment without a protest and hearing, the penalty provided in this paragraph (2) shall be imposed at the expiration of the period provided for the filing of a protest.
(1) the tax shown due on a return on or before the due date prescribed for payment of that tax, an amount of underpayment of estimated tax, or an amount that is reported in an amended return other than an amended return timely filed as required by subsection (b) of Section 506 of the Illinois Income Tax Act (penalty for late payment or nonpayment of admitted liability).
(1) the tax shown due on a return on or before the due SB2912 Engrossed - 224 - LRB095 18331 BDD 44415 b date prescribed for payment of that tax, an amount of underpayment of estimated tax, or an amount that is reported in an amended return other than an amended return timely filed as required by subsection (b) of Section 506 of the Illinois Income Tax Act (penalty for late payment or nonpayment of admitted liability).
If notice and demand is made for the payment of any amount of tax due and if the amount due is paid within 30 days after the date of the notice and demand, then the penalty for late payment or nonpayment of admitted liability under this subsection (b-10)(1) on the SB2912 - 230 - LRB095 18331 BDD 44415 b amount so paid shall not accrue for the period after the date of the notice and demand.
If notice and demand is made for the payment of any amount of tax due and if the amount due is paid within 30 days after the date of the notice and demand, then the penalty for late payment or nonpayment of admitted liability under this subsection (b-10)(1) on the amount so paid shall not accrue for the period after the date of the notice and demand.
In the case of a final assessment arising following a protest and hearing, the 30-day period shall not begin until all proceedings in court for review of the final assessment have terminated or the period for obtaining a review has expired without proceedings for a review having been instituted.
In the case of a final assessment arising following a protest and SB2912 Engrossed - 225 - LRB095 18331 BDD 44415 b hearing, the 30-day period shall not begin until all proceedings in court for review of the final assessment have terminated or the period for obtaining a review has expired without proceedings for a review having been instituted.
A penalty shall be imposed for failure to pay the tax shown due or required to be shown due on a return on or before the due date prescribed for payment of that tax, an amount of underpayment of estimated tax, or an amount that is reported in an amended return other than an amended return timely filed as SB2912 - 231 - LRB095 18331 BDD 44415 b required by subsection (b) of Section 506 of the Illinois Income Tax Act (penalty for late payment or nonpayment of admitted liability).
A penalty shall be imposed for failure to pay the tax shown due or required to be shown due on a return on or before the due date prescribed for payment of that tax, an amount of underpayment of estimated tax, or an amount that is reported in an amended return other than an amended return timely filed as required by subsection (b) of Section 506 of the Illinois Income Tax Act (penalty for late payment or nonpayment of admitted liability).
The amount of penalty imposed under this subsection (b-15) (b-15)(1) shall be 2% of any amount that is paid no later than 30 days after the due date, 10% of any amount that is paid later than 30 days after the due date and not later than 90 days after the due date, 15% of any amount that is paid later than 90 days after the due date and not later than 180 days after the due date, and 20% of any amount that is paid later than 180 days after the due date.
The amount of penalty imposed under this subsection (b-15) (b-15)(1) shall be 2% of any amount that is paid no later than 30 days after the due date, 10% of any amount that is paid later than 30 days after the due date and not later than 90 days after the due date, 15% of any amount that is paid later than 90 days after the due date and not SB2912 Engrossed - 226 - LRB095 18331 BDD 44415 b later than 180 days after the due date, and 20% of any amount that is paid later than 180 days after the due date.
The amount of penalty imposed under this paragraph (1) shall be 2% of any amount that is paid no later than 30 days after the due date and 10% of any amount that is paid later than 30 days SB2912 - 232 - LRB095 18331 BDD 44415 b after the due date.
The amount of penalty imposed under this paragraph (1) shall be 2% of any amount that is paid no later than 30 days after the due date and 10% of any amount that is paid later than 30 days after the due date.
The amount of penalty imposed under this paragraph (2) shall be 2% of any amount that is paid no later than 30 days after the due date, 10% of any amount that is paid later than 30 days after the due date and prior to the date the Department has initiated an audit or investigation of the taxpayer, and 20% of any amount that is paid after the date the Department has initiated an audit or investigation of the taxpayer;
The amount of SB2912 Engrossed - 227 - LRB095 18331 BDD 44415 b penalty imposed under this paragraph (2) shall be 2% of any amount that is paid no later than 30 days after the due date, 10% of any amount that is paid later than 30 days after the due date and prior to the date the Department has initiated an audit or investigation of the taxpayer, and 20% of any amount that is paid after the date the Department has initiated an audit or investigation of the taxpayer;
provided further that the reduction to 15% shall be rescinded if the taxpayer makes any claim for refund or credit of the tax, penalties, or interest determined to be due upon audit, except in the case of a claim filed pursuant to subsection (b) of Section 506 of SB2912 - 233 - LRB095 18331 BDD 44415 b the Illinois Income Tax Act or to claim a carryover of a loss or credit, the availability of which was not determined in the audit.
provided further that the reduction to 15% shall be rescinded if the taxpayer makes any claim for refund or credit of the tax, penalties, or interest determined to be due upon audit, except in the case of a claim filed pursuant to subsection (b) of Section 506 of the Illinois Income Tax Act or to claim a carryover of a loss or credit, the availability of which was not determined in the audit.
For purposes of this paragraph (2), any overpayment reported on an original return that has been allowed as a refund or credit to the taxpayer shall be deemed to have not been paid on or before the due date for payment and any amount paid under protest pursuant to the provisions of the State Officers and Employees Money Disposition Act shall be deemed to have been paid after the Department has initiated an audit and more than 30 days after the Department has provided the taxpayer with an amended return (following completion of an occupation, use, or excise tax audit) or a form for waiver of restrictions on assessment (following completion of an income tax audit).
For purposes of this paragraph (2), any overpayment reported on an original return that has been allowed as a refund or credit to the taxpayer shall be deemed to have not been paid on or before the due date for payment and any amount paid under protest pursuant to the provisions of the State Officers and Employees Money SB2912 Engrossed - 228 - LRB095 18331 BDD 44415 b Disposition Act shall be deemed to have been paid after the Department has initiated an audit and more than 30 days after the Department has provided the taxpayer with an amended return (following completion of an occupation, use, or excise tax audit) or a form for waiver of restrictions on assessment (following completion of an income tax audit).
(c) For purposes of the late payment penalties, the basis of the penalty shall be the tax shown or required to be shown on a return, whichever is applicable, reduced by any part of SB2912 - 234 - LRB095 18331 BDD 44415 b the tax which is paid on time and by any credit which was properly allowable on the date the return was required to be filed.
(c) For purposes of the late payment penalties, the basis of the penalty shall be the tax shown or required to be shown on a return, whichever is applicable, reduced by any part of the tax which is paid on time and by any credit which was properly allowable on the date the return was required to be filed.
If both a subsection (b)(1) or (b-5)(1) penalty and a subsection (b)(2) or (b-5)(2) penalty are assessed against the same return, the subsection (b)(2) or (b-5)(2) penalty shall be assessed against only the additional tax found to be due.
If both a subsection (b)(1) or (b-5)(1) SB2912 Engrossed - 229 - LRB095 18331 BDD 44415 b penalty and a subsection (b)(2) or (b-5)(2) penalty are assessed against the same return, the subsection (b)(2) or (b-5)(2) penalty shall be assessed against only the additional tax found to be due.
(h) No return shall be determined to be unprocessable SB2912 - 235 - LRB095 18331 BDD 44415 b because of the omission of any information requested on the return pursuant to Section 2505-575 of the Department of Revenue Law (20 ILCS 2505/2505-575).
(h) No return shall be determined to be unprocessable because of the omission of any information requested on the return pursuant to Section 2505-575 of the Department of Revenue Law (20 ILCS 2505/2505-575).
(i) If a taxpayer has a tax liability that is eligible for amnesty under the Tax Delinquency Amnesty Act and the taxpayer fails to satisfy the tax liability during the amnesty period provided for in that Act, then the penalty imposed by the Department under this Section shall be imposed in an amount that is 200% of the amount that would otherwise be imposed under this Section.
(i) If a taxpayer has a tax liability that is eligible for amnesty under the Tax Delinquency Amnesty Act and the taxpayer fails to satisfy the tax liability during the amnesty period provided for in that Act, then the penalty imposed by the Department under this Section shall be imposed in an amount SB2912 Engrossed - 230 - LRB095 18331 BDD 44415 b that is 200% of the amount that would otherwise be imposed under this Section.
On and after September 1, 1991, this additional tax may not be imposed on SB2912 - 236 - LRB095 18331 BDD 44415 b the sales of food for human consumption which is to be consumed off the premises where it is sold (other than alcoholic beverages, soft drinks and food which has been prepared for immediate consumption) and prescription and nonprescription medicines, drugs, medical appliances, modifications to a motor vehicle for the purpose of rendering it usable by a disabled person, and insulin, urine testing materials, syringes and needles used by diabetics.
On and after September 1, 1991, this additional tax may not be imposed on the sales of food for human consumption which is to be consumed off the premises where it is sold (other than alcoholic beverages, soft drinks and food which has been prepared for immediate consumption) and prescription and nonprescription medicines, drugs, medical appliances , modifications to a motor vehicle for the purpose of rendering it usable by a disabled person, and insulin, urine testing materials, syringes and needles used by diabetics.
The tax imposed by a home rule county pursuant to this Section and all civil penalties that may be assessed as an incident thereof shall be collected and enforced by the State Department of Revenue.
The tax imposed by a home rule SB2912 Engrossed - 231 - LRB095 18331 BDD 44415 b county pursuant to this Section and all civil penalties that may be assessed as an incident thereof shall be collected and enforced by the State Department of Revenue.
In the administration of, and compliance with, this Section, the Department and persons who are subject to this Section shall have the same rights, remedies, privileges, immunities, powers and duties, and be subject to the same SB2912 - 237 - LRB095 18331 BDD 44415 b conditions, restrictions, limitations, penalties and definitions of terms, and employ the same modes of procedure, as are prescribed in Sections 1, 1a, 1a-1, 1d, 1e, 1f, 1i, 1j, 1k, 1m, 1n, 2 through 2-65 (in respect to all provisions therein other than the State rate of tax), 4, 5, 5a, 5b, 5c, 5d, 5e, 5f, 5g, 5h, 5i, 5j, 5k, 5l, 6, 6a, 6b, 6c, 7, 8, 9, 10, 11, 12 and 13 of the Retailers’ Occupation Tax Act and Section 3-7 of the Uniform Penalty and Interest Act, as fully as if those provisions were set forth herein.
In the administration of, and compliance with, this Section, the Department and persons who are subject to this Section shall have the same rights, remedies, privileges, immunities, powers and duties, and be subject to the same conditions, restrictions, limitations, penalties and definitions of terms, and employ the same modes of procedure, as are prescribed in Sections 1, 1a, 1a-1, 1d, 1e, 1f, 1i, 1j, 1k, 1m, 1n, 2 through 2-65 (in respect to all provisions therein other than the State rate of tax), 4, 5, 5a, 5b, 5c, 5d, 5e, 5f, 5g, 5h, 5i, 5j, 5k, 5l, 6, 6a, 6b, 6c, 7, 8, 9, 10, 11, 12 and 13 of the Retailers’ Occupation Tax Act and Section 3-7 of the Uniform Penalty and Interest Act, as fully as if SB2912 Engrossed - 232 - LRB095 18331 BDD 44415 b those provisions were set forth herein.
The refund shall be paid by the State Treasurer out of the home rule county retailers’ occupation tax SB2912 - 238 - LRB095 18331 BDD 44415 b fund.
The refund shall be paid by the State Treasurer out of the home rule county retailers’ occupation tax fund.
On or before the 25th day of each calendar month, the Department shall prepare and certify to the Comptroller the disbursement of stated sums of money to named counties, the counties to be those from which retailers have paid taxes or penalties hereunder to the Department during the second preceding calendar month.
On or before the 25th day of each calendar month, the Department shall prepare and certify to the Comptroller the disbursement of stated sums of money to named counties, the counties to be those from which retailers have paid taxes or penalties hereunder to the Department during the SB2912 Engrossed - 233 - LRB095 18331 BDD 44415 b second preceding calendar month.
In addition to the disbursement required by the preceding SB2912 - 239 - LRB095 18331 BDD 44415 b paragraph, an allocation shall be made in March of each year to each county that received more than $500,000 in disbursements under the preceding paragraph in the preceding calendar year.
In addition to the disbursement required by the preceding paragraph, an allocation shall be made in March of each year to each county that received more than $500,000 in disbursements under the preceding paragraph in the preceding calendar year.
The distribution made in March of each year subsequent to the year in which an allocation was made pursuant to this paragraph and the preceding paragraph shall be reduced by the amount allocated and disbursed under this paragraph in the preceding calendar year.
The distribution made in March of each year subsequent to the year in which an SB2912 Engrossed - 234 - LRB095 18331 BDD 44415 b allocation was made pursuant to this paragraph and the preceding paragraph shall be reduced by the amount allocated and disbursed under this paragraph in the preceding calendar year.
Nothing in this Section shall be construed to authorize a county to impose a tax upon the privilege of engaging in any business which under the Constitution of the United States may SB2912 - 240 - LRB095 18331 BDD 44415 b not be made the subject of taxation by this State.
Nothing in this Section shall be construed to authorize a county to impose a tax upon the privilege of engaging in any business which under the Constitution of the United States may not be made the subject of taxation by this State.
Beginning January 1, 1992, an ordinance or resolution imposing or discontinuing the tax hereunder or effecting a change in the rate thereof shall be adopted and a certified copy thereof filed with the Department on or before the first day of July, whereupon the Department shall proceed to administer and enforce this Section as of the first day of October next following such adoption and filing.
Beginning January 1, 1992, an ordinance or resolution imposing SB2912 Engrossed - 235 - LRB095 18331 BDD 44415 b or discontinuing the tax hereunder or effecting a change in the rate thereof shall be adopted and a certified copy thereof filed with the Department on or before the first day of July, whereupon the Department shall proceed to administer and enforce this Section as of the first day of October next following such adoption and filing.
Beginning April 1, 1998, an ordinance or resolution imposing or discontinuing the tax hereunder or effecting a change in the rate thereof shall either (i) be adopted and a certified copy thereof filed with the Department on or before the first day of April, whereupon the Department shall proceed to administer and enforce this Section as of the first day of July next following SB2912 - 241 - LRB095 18331 BDD 44415 b the adoption and filing;
Beginning April 1, 1998, an ordinance or resolution imposing or discontinuing the tax hereunder or effecting a change in the rate thereof shall either (i) be adopted and a certified copy thereof filed with the Department on or before the first day of April, whereupon the Department shall proceed to administer and enforce this Section as of the first day of July next following the adoption and filing;
When certifying the amount of a monthly disbursement to a county under this Section, the Department shall increase or decrease such amount by an amount necessary to offset any misallocation of previous disbursements.
When certifying the amount of a monthly disbursement to a county under this Section, the Department shall increase or decrease such amount by an amount necessary to offset any SB2912 Engrossed - 236 - LRB095 18331 BDD 44415 b misallocation of previous disbursements.
(a) The county board of any county may impose a tax upon all persons engaged in the business of selling tangible personal property, other than personal property titled or registered with an agency of this State’s government, at retail in the county on the gross receipts from the sales made in the course of business to provide revenue to be used exclusively for public safety or transportation purposes in that county, if a proposition for the tax has been submitted to the electors of SB2912 - 242 - LRB095 18331 BDD 44415 b that county and approved by a majority of those voting on the question.
(a) The county board of any county may impose a tax upon all persons engaged in the business of selling tangible personal property, other than personal property titled or registered with an agency of this State’s government, at retail in the county on the gross receipts from the sales made in the course of business to provide revenue to be used exclusively for public safety or transportation purposes in that county, if a proposition for the tax has been submitted to the electors of that county and approved by a majority of those voting on the question.
If the tax is imposed for transportation purposes for expenditures for public highways or as authorized under the Illinois Highway Code, the county board must publish notice of the existence of its long-range highway transportation plan as required or described in Section 5-301 of the Illinois Highway Code and must make the plan publicly available prior to approval of the ordinance or resolution imposing the tax.
If the tax is imposed for transportation purposes for expenditures for public highways or as authorized under the Illinois Highway Code, the county board must publish notice of the existence of its long-range highway transportation plan as SB2912 Engrossed - 237 - LRB095 18331 BDD 44415 b required or described in Section 5-301 of the Illinois Highway Code and must make the plan publicly available prior to approval of the ordinance or resolution imposing the tax.
"To pay for public safety purposes, shall (name of county) be authorized to impose an increase on its share of local sales taxes by (insert rate)?" As additional information on the ballot below the SB2912 - 243 - LRB095 18331 BDD 44415 b question shall appear the following:
"To pay for public safety purposes, shall (name of county) be authorized to impose an increase on its share of local sales taxes by (insert rate)?" As additional information on the ballot below the question shall appear the following:
If the county board votes to include a sunset provision, the proposition for public safety purposes shall be in substantially the following form:
If the county board votes to include a SB2912 Engrossed - 238 - LRB095 18331 BDD 44415 b sunset provision, the proposition for public safety purposes shall be in substantially the following form:
SB2912 - 244 - LRB095 18331 BDD 44415 b Votes shall be recorded as "Yes" or "No".
Votes shall be recorded as "Yes" or "No".
"To pay for improvements to roads and other transportation purposes, shall (name of county) be authorized to impose an increase on its share of local sales taxes by (insert rate)?" As additional information on the ballot below the question shall appear the following:
"To pay for improvements to roads and other transportation purposes, shall (name of county) be authorized to impose an increase on its share of local sales taxes by (insert rate)?" As additional information on the ballot below the SB2912 Engrossed - 239 - LRB095 18331 BDD 44415 b question shall appear the following:
"This would mean that a consumer would pay an additional (insert amount) in sales tax for every $100 of SB2912 - 245 - LRB095 18331 BDD 44415 b tangible personal property bought at retail.
"This would mean that a consumer would pay an additional (insert amount) in sales tax for every $100 of tangible personal property bought at retail.
If imposed, the additional tax would cease being collected at the end of (insert number of years), if not terminated earlier by a vote of the county board." For the purposes of this paragraph, transportation purposes means construction, maintenance, operation, and improvement of public highways, any other purpose for which a county may expend funds under the Illinois Highway Code, and passenger rail transportation.
If imposed, the additional tax would cease being collected at the end of (insert number of years), if not terminated earlier by a vote of the county board." For the purposes of this paragraph, transportation purposes means construction, maintenance, operation, and improvement of public highways, any other purpose for which a county may expend funds under the Illinois Highway Code, SB2912 Engrossed - 240 - LRB095 18331 BDD 44415 b and passenger rail transportation.
The SB2912 - 246 - LRB095 18331 BDD 44415 b certificate of registration that is issued by the Department to a retailer under the Retailers’ Occupation Tax Act shall permit the retailer to engage in a business that is taxable without registering separately with the Department under an ordinance or resolution under this Section.
The certificate of registration that is issued by the Department to a retailer under the Retailers’ Occupation Tax Act shall permit the retailer to engage in a business that is taxable without registering separately with the Department under an ordinance or resolution under this Section.
The Department has full power to administer and enforce this Section, to collect all taxes and penalties due under this Section, to dispose of taxes and penalties so collected in the manner provided in this Section, and to determine all rights to credit memoranda arising on account of the erroneous payment of a tax or penalty under this Section.
The Department has full power to administer and enforce this Section, to collect all taxes and penalties due under this Section, to dispose of taxes and penalties so collected in the manner provided in this Section, SB2912 Engrossed - 241 - LRB095 18331 BDD 44415 b and to determine all rights to credit memoranda arising on account of the erroneous payment of a tax or penalty under this Section.
Persons subject to any tax imposed under the authority SB2912 - 247 - LRB095 18331 BDD 44415 b granted in this Section may reimburse themselves for their sellers’ tax liability by separately stating the tax as an additional charge, which charge may be stated in combination, in a single amount, with State tax which sellers are required to collect under the Use Tax Act, pursuant to such bracketed schedules as the Department may prescribe.
Persons subject to any tax imposed under the authority granted in this Section may reimburse themselves for their sellers’ tax liability by separately stating the tax as an additional charge, which charge may be stated in combination, in a single amount, with State tax which sellers are required to collect under the Use Tax Act, pursuant to such bracketed schedules as the Department may prescribe.
Whenever the Department determines that a refund should be made under this Section to a claimant instead of issuing a credit memorandum, the Department shall notify the State Comptroller, who shall cause the order to be drawn for the amount specified and to the person named in the notification from the Department.
Whenever the Department determines that a refund should be made under this Section to a claimant instead of issuing a SB2912 Engrossed - 242 - LRB095 18331 BDD 44415 b credit memorandum, the Department shall notify the State Comptroller, who shall cause the order to be drawn for the amount specified and to the person named in the notification from the Department.
This tax may not be imposed on sales of food for human consumption that is to be consumed off the premises where it is sold (other than alcoholic beverages, soft drinks, and food prepared for immediate consumption) and prescription and non-prescription medicines, drugs, medical appliances , modifications to a motor vehicle for the purpose of rendering it usable by a disabled SB2912 - 248 - LRB095 18331 BDD 44415 b person, and insulin, urine testing materials, syringes, and needles used by diabetics.
This tax may not be imposed on sales of food for human consumption that is to be consumed off the premises where it is sold (other than alcoholic beverages, soft drinks, and food prepared for immediate consumption) and prescription and non-prescription medicines, drugs, medical appliances, modifications to a motor vehicle for the purpose of rendering it usable by a disabled person, and insulin, urine testing materials, syringes, and needles used by diabetics.
and to determine all rights to credit memoranda arising on account of the erroneous payment of tax or penalty hereunder.
and to SB2912 Engrossed - 243 - LRB095 18331 BDD 44415 b determine all rights to credit memoranda arising on account of the erroneous payment of tax or penalty hereunder.
In the administration of, and compliance with this subsection, the Department and persons who are subject to this paragraph shall (i) have the same rights, remedies, privileges, immunities, powers, and duties, (ii) be subject to the same conditions, restrictions, limitations, penalties, exclusions, exemptions, and definitions of terms, and (iii) employ the same modes of procedure as are prescribed in Sections 2 (except that the reference to State in the definition of supplier maintaining a place of business in this State shall mean the county), 2a, 2b, 2c, 3 through 3-50 (in respect to all provisions therein other than the State rate of tax), 4 (except that the reference to the State shall be to the county), 5, 7, 8 (except that the jurisdiction to which the tax shall be a debt to the extent indicated in that Section 8 shall be the county), 9 (except as to the disposition of taxes and penalties collected), 10, 11, 12 (except the reference therein to Section 2b of the SB2912 - 249 - LRB095 18331 BDD 44415 b Retailers’ Occupation Tax Act), 13 (except that any reference to the State shall mean the county), Section 15, 16, 17, 18, 19 and 20 of the Service Occupation Tax Act and Section 3-7 of the Uniform Penalty and Interest Act, as fully as if those provisions were set forth herein.
In the administration of, and compliance with this subsection, the Department and persons who are subject to this paragraph shall (i) have the same rights, remedies, privileges, immunities, powers, and duties, (ii) be subject to the same conditions, restrictions, limitations, penalties, exclusions, exemptions, and definitions of terms, and (iii) employ the same modes of procedure as are prescribed in Sections 2 (except that the reference to State in the definition of supplier maintaining a place of business in this State shall mean the county), 2a, 2b, 2c, 3 through 3-50 (in respect to all provisions therein other than the State rate of tax), 4 (except that the reference to the State shall be to the county), 5, 7, 8 (except that the jurisdiction to which the tax shall be a debt to the extent indicated in that Section 8 shall be the county), 9 (except as to the disposition of taxes and penalties collected), 10, 11, 12 (except the reference therein to Section 2b of the Retailers’ Occupation Tax Act), 13 (except that any reference to the State shall mean the county), Section 15, 16, 17, 18, 19 and 20 of the Service Occupation Tax Act and Section 3-7 of the Uniform Penalty and Interest Act, as fully as if those provisions were set forth herein.
Persons subject to any tax imposed under the authority granted in this subsection may reimburse themselves for their serviceman’s tax liability by separately stating the tax as an additional charge, which charge may be stated in combination, in a single amount, with State tax that servicemen are authorized to collect under the Service Use Tax Act, in accordance with such bracket schedules as the Department may prescribe.
Persons subject to any tax imposed under the authority granted in this subsection may reimburse themselves for their serviceman’s tax liability by separately stating the tax as an SB2912 Engrossed - 244 - LRB095 18331 BDD 44415 b additional charge, which charge may be stated in combination, in a single amount, with State tax that servicemen are authorized to collect under the Service Use Tax Act, in accordance with such bracket schedules as the Department may prescribe.
(c) The Department shall immediately pay over to the State SB2912 - 250 - LRB095 18331 BDD 44415 b Treasurer, ex officio, as trustee, all taxes and penalties collected under this Section to be deposited into the County Public Safety or Transportation Retailers’ Occupation Tax Fund, which shall be an unappropriated trust fund held outside of the State treasury.
(c) The Department shall immediately pay over to the State Treasurer, ex officio, as trustee, all taxes and penalties collected under this Section to be deposited into the County Public Safety or Transportation Retailers’ Occupation Tax Fund, which shall be an unappropriated trust fund held outside of the State treasury.
On or before the 25th day of each calendar month, the Department shall prepare and certify to the Comptroller the disbursement of stated sums of money to the counties from which retailers have paid taxes or penalties to the Department during the second preceding calendar month.
On or before the 25th day of each calendar month, the Department shall prepare and certify to the Comptroller the disbursement of stated sums of money to the counties from which retailers have paid taxes or penalties to SB2912 Engrossed - 245 - LRB095 18331 BDD 44415 b the Department during the second preceding calendar month.
SB2912 - 251 - LRB095 18331 BDD 44415 b In addition to the disbursement required by the preceding paragraph, an allocation shall be made in March of each year to each county that received more than $500,000 in disbursements under the preceding paragraph in the preceding calendar year.
In addition to the disbursement required by the preceding paragraph, an allocation shall be made in March of each year to each county that received more than $500,000 in disbursements under the preceding paragraph in the preceding calendar year.
The distribution made in March of each year subsequent to the year in which an allocation was made pursuant to this paragraph and the preceding paragraph shall be reduced by the amount allocated and disbursed under this paragraph in the preceding calendar year.
The distribution SB2912 Engrossed - 246 - LRB095 18331 BDD 44415 b made in March of each year subsequent to the year in which an allocation was made pursuant to this paragraph and the preceding paragraph shall be reduced by the amount allocated and disbursed under this paragraph in the preceding calendar year.
(e) Nothing in this Section shall be construed to authorize a county to impose a tax upon the privilege of engaging in any SB2912 - 252 - LRB095 18331 BDD 44415 b business that under the Constitution of the United States may not be made the subject of taxation by this State.
(e) Nothing in this Section shall be construed to authorize a county to impose a tax upon the privilege of engaging in any business that under the Constitution of the United States may not be made the subject of taxation by this State.
(f) Beginning April 1, 1998, the results of any election authorizing a proposition to impose a tax under this Section or effecting a change in the rate of tax, or any ordinance lowering the rate or discontinuing the tax, shall be certified by the county clerk and filed with the Illinois Department of Revenue either (i) on or before the first day of April, whereupon the Department shall proceed to administer and enforce the tax as of the first day of July next following the filing;
SB2912 Engrossed - 247 - LRB095 18331 BDD 44415 b (f) Beginning April 1, 1998, the results of any election authorizing a proposition to impose a tax under this Section or effecting a change in the rate of tax, or any ordinance lowering the rate or discontinuing the tax, shall be certified by the county clerk and filed with the Illinois Department of Revenue either (i) on or before the first day of April, whereupon the Department shall proceed to administer and enforce the tax as of the first day of July next following the filing;
SB2912 - 253 - LRB095 18331 BDD 44415 b (h) This Section may be cited as the "Special County Occupation Tax For Public Safety or Transportation Law".
(h) This Section may be cited as the "Special County Occupation Tax For Public Safety or Transportation Law".
For the purposes of this Section, "transportation" includes, but is not limited to, the construction, maintenance, operation, and improvement of public highways, any other purpose for which a county may expend funds under the Illinois Highway Code, and passenger rail transportation.
For the purposes of this Section, "transportation" includes, but is not limited to, the construction, maintenance, operation, and improvement of public highways, any other SB2912 Engrossed - 248 - LRB095 18331 BDD 44415 b purpose for which a county may expend funds under the Illinois Highway Code, and passenger rail transportation.
This additional tax may not be imposed on the sale of food SB2912 - 254 - LRB095 18331 BDD 44415 b for human consumption that is to be consumed off the premises where it is sold (other than alcoholic beverages, soft drinks, and food that has been prepared for immediate consumption) and prescription and non-prescription medicines, drugs, medical appliances, modifications to a motor vehicle for the purpose of rendering it usable by a disabled person, and insulin, urine testing materials, syringes and needles used by diabetics.
This additional tax may not be imposed on the sale of food for human consumption that is to be consumed off the premises where it is sold (other than alcoholic beverages, soft drinks, and food that has been prepared for immediate consumption) and prescription and non-prescription medicines, drugs, medical appliances, modifications to a motor vehicle for the purpose of rendering it usable by a disabled person, and insulin, urine testing materials, syringes and needles used by diabetics.
The Department of Revenue has full power to administer and enforce this subsection, to collect all taxes and penalties due under this subsection, to dispose of taxes and penalties so collected in the manner provided in this subsection, and to determine all rights to credit memoranda arising on account of the erroneous payment of a tax or penalty under this subsection.
The Department of Revenue has full power to administer and enforce SB2912 Engrossed - 249 - LRB095 18331 BDD 44415 b this subsection, to collect all taxes and penalties due under this subsection, to dispose of taxes and penalties so collected in the manner provided in this subsection, and to determine all rights to credit memoranda arising on account of the erroneous payment of a tax or penalty under this subsection.
In the administration of and compliance with this subsection, the Department and persons who are subject to this subsection (i) have the same rights, remedies, privileges, immunities, powers, and duties, (ii) are subject to the same conditions, restrictions, limitations, penalties, and definitions of terms, and (iii) shall employ the same modes of procedure as are set forth in Sections 1 through 1o, 2 through 2-70 (in respect to all provisions contained in those Sections other than the State rate of tax), 2a through 2h, 3 (except as to the disposition of taxes and penalties collected), 4, 5, 5a, SB2912 - 255 - LRB095 18331 BDD 44415 b 5b, 5c, 5d, 5e, 5f, 5g, 5h, 5i, 5j, 5k, 5l, 6, 6a, 6b, 6c, 7, 8, 9, 10, 11, 11a, 12, and 13 of the Retailers’ Occupation Tax Act and all provisions of the Uniform Penalty and Interest Act as if those provisions were set forth in this subsection.
In the administration of and compliance with this subsection, the Department and persons who are subject to this subsection (i) have the same rights, remedies, privileges, immunities, powers, and duties, (ii) are subject to the same conditions, restrictions, limitations, penalties, and definitions of terms, and (iii) shall employ the same modes of procedure as are set forth in Sections 1 through 1o, 2 through 2-70 (in respect to all provisions contained in those Sections other than the State rate of tax), 2a through 2h, 3 (except as to the disposition of taxes and penalties collected), 4, 5, 5a, 5b, 5c, 5d, 5e, 5f, 5g, 5h, 5i, 5j, 5k, 5l, 6, 6a, 6b, 6c, 7, 8, 9, 10, 11, 11a, 12, and 13 of the Retailers’ Occupation Tax Act and all provisions of the Uniform Penalty and Interest Act as if those provisions were set forth in this subsection.
The certificate of registration that is issued by the Department to a retailer under the Retailers’ Occupation Tax Act permits the retailer to engage in a business that is taxable without registering separately with the Department under an ordinance or resolution under this subsection.
The certificate of registration that is issued by the Department to a retailer under the Retailers’ Occupation Tax Act permits the retailer to engage in a business that is taxable without registering separately with the Department SB2912 Engrossed - 250 - LRB095 18331 BDD 44415 b under an ordinance or resolution under this subsection.
This tax may not be imposed on sales of food for human consumption that is to be consumed off the premises where it is sold (other than alcoholic beverages, soft drinks, and food prepared for immediate consumption) and prescription and SB2912 - 256 - LRB095 18331 BDD 44415 b non-prescription medicines, drugs, medical appliances, modifications to a motor vehicle for the purpose of rendering it usable by a disabled person, and insulin, urine testing materials, syringes, and needles used by diabetics.
This tax may not be imposed on sales of food for human consumption that is to be consumed off the premises where it is sold (other than alcoholic beverages, soft drinks, and food prepared for immediate consumption) and prescription and non-prescription medicines, drugs, medical appliances, modifications to a motor vehicle for the purpose of rendering it usable by a disabled person, and insulin, urine testing materials, syringes, and needles used by diabetics.
The Department has full power to administer and enforce this subsection, to collect all taxes and penalties due under this subsection, to dispose of taxes and penalties so collected in the manner provided in this subsection, and to determine all rights to credit memoranda arising on account of the erroneous payment of a tax or penalty under this subsection.
The Department has full SB2912 Engrossed - 251 - LRB095 18331 BDD 44415 b power to administer and enforce this subsection, to collect all taxes and penalties due under this subsection, to dispose of taxes and penalties so collected in the manner provided in this subsection, and to determine all rights to credit memoranda arising on account of the erroneous payment of a tax or penalty under this subsection.
In the administration of and compliance with this subsection, the Department and persons who are subject to this subsection shall (i) have the same rights, remedies, privileges, immunities, powers and duties, (ii) be subject to the same conditions, restrictions, limitations, penalties and definition of terms, and (iii) employ the same modes of procedure as are set forth in Sections 2 (except that that reference to State in the definition of supplier maintaining a place of business in this State means the county), 2a through 2d, 3 through 3-50 (in respect to all provisions contained in those Sections other than the State rate of tax), 4 (except that the reference to the State shall be to the county), 5, 7, SB2912 - 257 - LRB095 18331 BDD 44415 b 8 (except that the jurisdiction to which the tax is a debt to the extent indicated in that Section 8 is the county), 9 (except as to the disposition of taxes and penalties collected), 10, 11, 12 (except the reference therein to Section 2b of the Retailers’ Occupation Tax Act), 13 (except that any reference to the State means the county), Section 15, 16, 17, 18, 19, and 20 of the Service Occupation Tax Act and all provisions of the Uniform Penalty and Interest Act, as fully as if those provisions were set forth herein.
In the administration of and compliance with this subsection, the Department and persons who are subject to this subsection shall (i) have the same rights, remedies, privileges, immunities, powers and duties, (ii) be subject to the same conditions, restrictions, limitations, penalties and definition of terms, and (iii) employ the same modes of procedure as are set forth in Sections 2 (except that that reference to State in the definition of supplier maintaining a place of business in this State means the county), 2a through 2d, 3 through 3-50 (in respect to all provisions contained in those Sections other than the State rate of tax), 4 (except that the reference to the State shall be to the county), 5, 7, 8 (except that the jurisdiction to which the tax is a debt to the extent indicated in that Section 8 is the county), 9 (except as to the disposition of taxes and penalties collected), 10, 11, 12 (except the reference therein to Section 2b of the Retailers’ Occupation Tax Act), 13 (except that any reference to the State means the county), Section 15, 16, 17, 18, 19, and 20 of the Service Occupation Tax Act and all provisions of the Uniform Penalty and Interest Act, as fully as SB2912 Engrossed - 252 - LRB095 18331 BDD 44415 b if those provisions were set forth herein.
The election authority must submit the question in SB2912 - 258 - LRB095 18331 BDD 44415 b substantially the following form:
The election authority must submit the question in substantially the following form:
If a majority of the electors voting on the question vote in the affirmative, then the county may, thereafter, impose the tax.
If a majority of the electors voting on the question vote SB2912 Engrossed - 253 - LRB095 18331 BDD 44415 b in the affirmative, then the county may, thereafter, impose the tax.
The amount to be SB2912 - 259 - LRB095 18331 BDD 44415 b paid to each regional superintendent of schools and disbursed to him or her in accordance with 3-14.31 of the School Code, is equal to the amount (not including credit memoranda) collected from the county under this Section during the second preceding calendar month by the Department, (i) less 2% of that amount, which shall be deposited into the Tax Compliance and Administration Fund and shall be used by the Department, subject to appropriation, to cover the costs of the Department in administering and enforcing the provisions of this Section, on behalf of the county, (ii) plus an amount that the Department determines is necessary to offset any amounts that were erroneously paid to a different taxing body;
The amount to be paid to each regional superintendent of schools and disbursed to him or her in accordance with 3-14.31 of the School Code, is equal to the amount (not including credit memoranda) collected from the county under this Section during the second preceding calendar month by the Department, (i) less 2% of that amount, which shall be deposited into the Tax Compliance and Administration Fund and shall be used by the Department, subject to appropriation, to cover the costs of the Department SB2912 Engrossed - 254 - LRB095 18331 BDD 44415 b in administering and enforcing the provisions of this Section, on behalf of the county, (ii) plus an amount that the Department determines is necessary to offset any amounts that were erroneously paid to a different taxing body;
Within 10 days after receipt by the Comptroller from the Department of the disbursement certification to the regional superintendents of the schools provided for in this Section, SB2912 - 260 - LRB095 18331 BDD 44415 b the Comptroller shall cause the orders to be drawn for the respective amounts in accordance with directions contained in the certification.
Within 10 days after receipt by the Comptroller from the Department of the disbursement certification to the regional superintendents of the schools provided for in this Section, the Comptroller shall cause the orders to be drawn for the respective amounts in accordance with directions contained in the certification.
If the Department determines that a refund should be made under this Section to a claimant instead of issuing a credit memorandum, then the Department shall notify the Comptroller, who shall cause the order to be drawn for the amount specified and to the person named in the notification from the Department.
If the Department determines that a refund should be made under this Section to a claimant instead of issuing a credit memorandum, then the Department shall notify the Comptroller, who shall cause the order to be drawn for the amount specified and to the person named in the notification from the SB2912 Engrossed - 255 - LRB095 18331 BDD 44415 b Department.
If, however, a school board issues bonds that SB2912 - 261 - LRB095 18331 BDD 44415 b are backed by the proceeds of the tax under this Section, then the county board may not reduce the tax rate or discontinue the tax if that rate reduction or discontinuance would inhibit the school board’s ability to pay the principal and interest on those bonds as they become due.
If, however, a school board issues bonds that are backed by the proceeds of the tax under this Section, then the county board may not reduce the tax rate or discontinue the tax if that rate reduction or discontinuance would inhibit the school board’s ability to pay the principal and interest on those bonds as they become due.
If the county board reduces the tax rate or discontinues the tax, then a referendum must be held in accordance with subsection (c) of this Section in order to increase the rate of the tax or to reimpose the discontinued tax.
If the county board reduces the tax rate or discontinues the tax, then a referendum must be held in accordance with subsection (c) of this Section in order to increase the rate of the tax or to reimpose the discontinued SB2912 Engrossed - 256 - LRB095 18331 BDD 44415 b tax.
(h) For purposes of this Section, "school facility purposes" means the acquisition, development, construction, reconstruction, rehabilitation, improvement, financing, architectural planning, and installation of capital facilities consisting of buildings, structures, and durable equipment and SB2912 - 262 - LRB095 18331 BDD 44415 b for the acquisition and improvement of real property and interest in real property required, or expected to be required, in connection with the capital facilities.
(h) For purposes of this Section, "school facility purposes" means the acquisition, development, construction, reconstruction, rehabilitation, improvement, financing, architectural planning, and installation of capital facilities consisting of buildings, structures, and durable equipment and for the acquisition and improvement of real property and interest in real property required, or expected to be required, in connection with the capital facilities.
(j) This Section may be cited as the County School Facility Occupation Tax Law.
SB2912 Engrossed - 257 - LRB095 18331 BDD 44415 b (j) This Section may be cited as the County School Facility Occupation Tax Law.
On and after September 1, 1991, this additional tax may not be imposed on the sales of food for human consumption which is to be consumed off the premises where it is sold (other than alcoholic beverages, soft drinks and food which has been prepared for SB2912 - 263 - LRB095 18331 BDD 44415 b immediate consumption) and prescription and nonprescription medicines, drugs, medical appliances, modifications to a motor vehicle for the purpose of rendering it usable by a disabled person, and insulin, urine testing materials, syringes and needles used by diabetics.
On and after September 1, 1991, this additional tax may not be imposed on the sales of food for human consumption which is to be consumed off the premises where it is sold (other than alcoholic beverages, soft drinks and food which has been prepared for immediate consumption) and prescription and nonprescription medicines, drugs, medical appliances, modifications to a motor vehicle for the purpose of rendering it usable by a disabled person, and insulin, urine testing materials, syringes and needles used by diabetics.
The certificate of registration which is issued by the Department to a retailer under the Retailers’ Occupation Tax Act or under the Service Occupation Tax Act shall permit such registrant to engage in a business which is taxable under any ordinance or resolution enacted pursuant to this Section without registering separately with the Department under such ordinance or resolution or under this Section.
The certificate of SB2912 Engrossed - 258 - LRB095 18331 BDD 44415 b registration which is issued by the Department to a retailer under the Retailers’ Occupation Tax Act or under the Service Occupation Tax Act shall permit such registrant to engage in a business which is taxable under any ordinance or resolution enacted pursuant to this Section without registering separately with the Department under such ordinance or resolution or under this Section.
In the administration of, and compliance with, this Section the Department and persons who are subject to this Section shall have the same rights, remedies, privileges, immunities, powers and duties, and be subject to the same conditions, restrictions, limitations, penalties and definitions of terms, and employ the same modes of procedure, as are prescribed in SB2912 - 264 - LRB095 18331 BDD 44415 b Sections 1a-1, 2, 2a, 3 through 3-50 (in respect to all provisions therein other than the State rate of tax), 4 (except that the reference to the State shall be to the taxing county), 5, 7, 8 (except that the jurisdiction to which the tax shall be a debt to the extent indicated in that Section 8 shall be the taxing county), 9 (except as to the disposition of taxes and penalties collected, and except that the returned merchandise credit for this county tax may not be taken against any State tax), 10, 11, 12 (except the reference therein to Section 2b of the Retailers’ Occupation Tax Act), 13 (except that any reference to the State shall mean the taxing county), the first paragraph of Section 15, 16, 17, 18, 19 and 20 of the Service Occupation Tax Act and Section 3-7 of the Uniform Penalty and Interest Act, as fully as if those provisions were set forth herein.
In the administration of, and compliance with, this Section the Department and persons who are subject to this Section shall have the same rights, remedies, privileges, immunities, powers and duties, and be subject to the same conditions, restrictions, limitations, penalties and definitions of terms, and employ the same modes of procedure, as are prescribed in Sections 1a-1, 2, 2a, 3 through 3-50 (in respect to all provisions therein other than the State rate of tax), 4 (except that the reference to the State shall be to the taxing county), 5, 7, 8 (except that the jurisdiction to which the tax shall be a debt to the extent indicated in that Section 8 shall be the taxing county), 9 (except as to the disposition of taxes and penalties collected, and except that the returned merchandise credit for this county tax may not be taken against any State SB2912 Engrossed - 259 - LRB095 18331 BDD 44415 b tax), 10, 11, 12 (except the reference therein to Section 2b of the Retailers’ Occupation Tax Act), 13 (except that any reference to the State shall mean the taxing county), the first paragraph of Section 15, 16, 17, 18, 19 and 20 of the Service Occupation Tax Act and Section 3-7 of the Uniform Penalty and Interest Act, as fully as if those provisions were set forth herein.
SB2912 - 265 - LRB095 18331 BDD 44415 b Whenever the Department determines that a refund should be made under this Section to a claimant instead of issuing credit memorandum, the Department shall notify the State Comptroller, who shall cause the order to be drawn for the amount specified, and to the person named, in such notification from the Department.
Whenever the Department determines that a refund should be made under this Section to a claimant instead of issuing credit memorandum, the Department shall notify the State Comptroller, who shall cause the order to be drawn for the amount specified, and to the person named, in such notification from the Department.
The Department shall forthwith pay over to the State Treasurer, ex-officio, as trustee, all taxes and penalties collected hereunder.
The Department shall forthwith pay over to the State SB2912 Engrossed - 260 - LRB095 18331 BDD 44415 b Treasurer, ex-officio, as trustee, all taxes and penalties collected hereunder.
SB2912 - 266 - LRB095 18331 BDD 44415 b In addition to the disbursement required by the preceding paragraph, an allocation shall be made in each year to each county which received more than $500,000 in disbursements under the preceding paragraph in the preceding calendar year.
In addition to the disbursement required by the preceding paragraph, an allocation shall be made in each year to each county which received more than $500,000 in disbursements under the preceding paragraph in the preceding calendar year.
The distribution made in March of each year subsequent to the year in which an allocation was made pursuant to this paragraph and the preceding paragraph shall be reduced by the amount allocated and disbursed under this paragraph in the preceding calendar year.
The distribution made in March of SB2912 Engrossed - 261 - LRB095 18331 BDD 44415 b each year subsequent to the year in which an allocation was made pursuant to this paragraph and the preceding paragraph shall be reduced by the amount allocated and disbursed under this paragraph in the preceding calendar year.
Beginning January 1, 1992, an ordinance or resolution imposing or discontinuing the tax hereunder or effecting a change in the SB2912 - 267 - LRB095 18331 BDD 44415 b rate thereof shall be adopted and a certified copy thereof filed with the Department on or before the first day of July, whereupon the Department shall proceed to administer and enforce this Section as of the first day of October next following such adoption and filing.
Beginning January 1, 1992, an ordinance or resolution imposing or discontinuing the tax hereunder or effecting a change in the rate thereof shall be adopted and a certified copy thereof filed with the Department on or before the first day of July, whereupon the Department shall proceed to administer and enforce this Section as of the first day of October next following such adoption and filing.
Beginning January 1, 1993, an ordinance or resolution imposing or discontinuing the tax hereunder or effecting a change in the rate thereof shall be adopted and a certified copy thereof filed with the Department on or before the first day of October, whereupon the Department shall proceed to administer and enforce this Section as of the first day of January next following such adoption and filing.
Beginning January 1, 1993, an ordinance or resolution imposing or discontinuing the tax hereunder or effecting a change in the rate thereof shall be adopted and a certified copy thereof filed with the Department SB2912 Engrossed - 262 - LRB095 18331 BDD 44415 b on or before the first day of October, whereupon the Department shall proceed to administer and enforce this Section as of the first day of January next following such adoption and filing.
6-30-99.) SB2912 - 268 - LRB095 18331 BDD 44415 b (55 ILCS 5/5-1035 rep.) Section 40.
6-30-99.) (55 ILCS 5/5-1035 rep.) Section 40.
(65 ILCS 5/8-11-1) (from Ch.
SB2912 Engrossed - 263 - LRB095 18331 BDD 44415 b (65 ILCS 5/8-11-1) (from Ch.
The tax SB2912 - 269 - LRB095 18331 BDD 44415 b imposed by a home rule municipality under this Section and all civil penalties that may be assessed as an incident of the tax shall be collected and enforced by the State Department of Revenue.
The tax imposed by a home rule municipality under this Section and all civil penalties that may be assessed as an incident of the tax shall be collected and enforced by the State Department of Revenue.
The certificate of registration that is issued by the Department to a retailer under the Retailers’ Occupation Tax Act shall permit the retailer to engage in a business that is taxable under any ordinance or resolution enacted pursuant to this Section without registering separately with the Department under such ordinance or resolution or under this Section.
The certificate of registration that is issued by the Department to a retailer under the Retailers’ Occupation Tax Act shall permit the retailer to engage in a business that is taxable under any ordinance or resolution enacted pursuant to this Section without registering separately with the SB2912 Engrossed - 264 - LRB095 18331 BDD 44415 b Department under such ordinance or resolution or under this Section.
In the administration of, and compliance with, this Section the Department and persons who are subject to this Section shall have the same rights, remedies, privileges, immunities, powers and duties, and be subject to the same conditions, restrictions, limitations, penalties and definitions of terms, and employ the same modes of procedure, as are prescribed in Sections 1, 1a, 1d, 1e, 1f, 1i, 1j, 1k, 1m, 1n, 2 through 2-65 (in respect to all provisions therein other than the State rate of tax), 2c, 3 (except as to the disposition of taxes and penalties collected), 4, 5, 5a, 5b, 5c, 5d, 5e, 5f, 5g, 5h, 5i, 5j, 5k, 5l, 6, 6a, 6b, 6c, 7, 8, 9, 10, 11, 12 and 13 of the Retailers’ SB2912 - 270 - LRB095 18331 BDD 44415 b Occupation Tax Act and Section 3-7 of the Uniform Penalty and Interest Act, as fully as if those provisions were set forth herein.
In the administration of, and compliance with, this Section the Department and persons who are subject to this Section shall have the same rights, remedies, privileges, immunities, powers and duties, and be subject to the same conditions, restrictions, limitations, penalties and definitions of terms, and employ the same modes of procedure, as are prescribed in Sections 1, 1a, 1d, 1e, 1f, 1i, 1j, 1k, 1m, 1n, 2 through 2-65 (in respect to all provisions therein other than the State rate of tax), 2c, 3 (except as to the disposition of taxes and penalties collected), 4, 5, 5a, 5b, 5c, 5d, 5e, 5f, 5g, 5h, 5i, 5j, 5k, 5l, 6, 6a, 6b, 6c, 7, 8, 9, 10, 11, 12 and 13 of the Retailers’ Occupation Tax Act and Section 3-7 of the Uniform Penalty and Interest Act, as fully as if those provisions were set forth herein.
Persons subject to any tax imposed under the authority granted in this Section may reimburse themselves for their seller’s tax liability hereunder by separately stating that tax as an additional charge, which charge may be stated in combination, in a single amount, with State tax which sellers are required to collect under the Use Tax Act, pursuant to such bracket schedules as the Department may prescribe.
Persons subject to any tax imposed under the authority granted in this Section may reimburse themselves for their SB2912 Engrossed - 265 - LRB095 18331 BDD 44415 b seller’s tax liability hereunder by separately stating that tax as an additional charge, which charge may be stated in combination, in a single amount, with State tax which sellers are required to collect under the Use Tax Act, pursuant to such bracket schedules as the Department may prescribe.
On or before the 25th day of each calendar month, the Department shall prepare and certify to the Comptroller the disbursement of stated sums of money to named SB2912 - 271 - LRB095 18331 BDD 44415 b municipalities, the municipalities to be those from which retailers have paid taxes or penalties hereunder to the Department during the second preceding calendar month.
On or before the 25th day of each calendar month, the Department shall prepare and certify to the Comptroller the disbursement of stated sums of money to named municipalities, the municipalities to be those from which retailers have paid taxes or penalties hereunder to the Department during the second preceding calendar month.
The amount to be paid to each municipality shall be the amount (not including credit memoranda) collected hereunder during the second preceding calendar month by the Department plus an amount the Department determines is necessary to offset any amounts that were erroneously paid to a different taxing body, and not including an amount equal to the amount of refunds made during the second preceding calendar month by the Department on behalf of such municipality, and not including any amount that the Department determines is necessary to offset any amounts that were payable to a different taxing body but were erroneously paid to the municipality.
The amount to be paid to each municipality shall be the amount (not including credit memoranda) collected hereunder during the second preceding calendar month by the Department plus an amount the Department determines is necessary to offset any amounts that were erroneously paid to a different taxing body, SB2912 Engrossed - 266 - LRB095 18331 BDD 44415 b and not including an amount equal to the amount of refunds made during the second preceding calendar month by the Department on behalf of such municipality, and not including any amount that the Department determines is necessary to offset any amounts that were payable to a different taxing body but were erroneously paid to the municipality.
In addition to the disbursement required by the preceding paragraph and in order to mitigate delays caused by distribution procedures, an allocation shall, if requested, be made within 10 days after January 14, 1991, and in November of 1991 and each year thereafter, to each municipality that received more than $500,000 during the preceding fiscal year, (July 1 through June 30) whether collected by the municipality SB2912 - 272 - LRB095 18331 BDD 44415 b or disbursed by the Department as required by this Section.
In addition to the disbursement required by the preceding paragraph and in order to mitigate delays caused by distribution procedures, an allocation shall, if requested, be made within 10 days after January 14, 1991, and in November of 1991 and each year thereafter, to each municipality that received more than $500,000 during the preceding fiscal year, (July 1 through June 30) whether collected by the municipality or disbursed by the Department as required by this Section.
In addition, for the initial distribution, participating municipalities shall certify to the Department the amounts collected by the municipality for each month under its home rule occupation and service occupation tax during the period July 1, 1989 through June 30, 1990.
In addition, for the initial distribution, participating municipalities shall certify to the Department the amounts collected by the municipality for each month under its home rule occupation and service occupation tax during the period July 1, 1989 through June 30, SB2912 Engrossed - 267 - LRB095 18331 BDD 44415 b 1990.
The Department SB2912 - 273 - LRB095 18331 BDD 44415 b shall prepare and certify to the Comptroller for disbursement the allocations made in accordance with this paragraph.
The Department shall prepare and certify to the Comptroller for disbursement the allocations made in accordance with this paragraph.
This paragraph does not apply to coal or other mineral when it is delivered or shipped by the seller to the purchaser at a point outside Illinois so that the sale is exempt under the United States Constitution as a sale in interstate or foreign commerce.
This paragraph does not apply to coal or other mineral when it is delivered or shipped by the seller SB2912 Engrossed - 268 - LRB095 18331 BDD 44415 b to the purchaser at a point outside Illinois so that the sale is exempt under the United States Constitution as a sale in interstate or foreign commerce.
Beginning January 1, 1992, an ordinance or resolution imposing or discontinuing the tax hereunder or effecting a change in the rate thereof shall be adopted and a certified copy thereof filed with the Department on or before the first day of July, whereupon the Department shall proceed to administer and SB2912 - 274 - LRB095 18331 BDD 44415 b enforce this Section as of the first day of October next following such adoption and filing.
Beginning January 1, 1992, an ordinance or resolution imposing or discontinuing the tax hereunder or effecting a change in the rate thereof shall be adopted and a certified copy thereof filed with the Department on or before the first day of July, whereupon the Department shall proceed to administer and enforce this Section as of the first day of October next following such adoption and filing.
However, a municipality located in a county with a population in excess of 3,000,000 that elected to become a home rule unit at the general primary election in 1994 may adopt an ordinance or resolution imposing the tax under this Section and file a certified copy of the ordinance or resolution with the Department on or before July 1, 1994.
SB2912 Engrossed - 269 - LRB095 18331 BDD 44415 b However, a municipality located in a county with a population in excess of 3,000,000 that elected to become a home rule unit at the general primary election in 1994 may adopt an ordinance or resolution imposing the tax under this Section and file a certified copy of the ordinance or resolution with the Department on or before July 1, 1994.
SB2912 - 275 - LRB095 18331 BDD 44415 b When certifying the amount of a monthly disbursement to a municipality under this Section, the Department shall increase or decrease the amount by an amount necessary to offset any misallocation of previous disbursements.
When certifying the amount of a monthly disbursement to a municipality under this Section, the Department shall increase or decrease the amount by an amount necessary to offset any misallocation of previous disbursements.
Any unobligated balance remaining in the Municipal Retailers’ Occupation Tax Fund on December 31, 1989, which fund was abolished by Public Act 85-1135, and all receipts of municipal tax as a result of audits of liability periods prior to January 1, 1990, shall be paid into the Local Government Tax Fund for distribution as provided by this Section prior to the enactment of Public Act 85-1135.
Any unobligated balance remaining in the Municipal Retailers’ Occupation Tax Fund on December 31, 1989, which fund SB2912 Engrossed - 270 - LRB095 18331 BDD 44415 b was abolished by Public Act 85-1135, and all receipts of municipal tax as a result of audits of liability periods prior to January 1, 1990, shall be paid into the Local Government Tax Fund for distribution as provided by this Section prior to the enactment of Public Act 85-1135.
6-30-99.) SB2912 - 276 - LRB095 18331 BDD 44415 b (65 ILCS 5/8-11-1.1) (from Ch.
6-30-99.) (65 ILCS 5/8-11-1.1) (from Ch.
(a) The corporate authorities of a non-home rule municipality may, upon approval of the electors of the municipality pursuant to subsection (b) of this Section, impose by ordinance or resolution the tax authorized in Sections 8-11-1.3, 8-11-1.4 and 8-11-1.5 of this Act.
(a) The corporate authorities of a non-home rule municipality may, upon approval of the electors of the municipality pursuant to subsection (b) of this Section, impose by ordinance or resolution the tax authorized in Sections SB2912 Engrossed - 271 - LRB095 18331 BDD 44415 b 8-11-1.3, 8-11-1.4 and 8-11-1.5 of this Act.
[for expenditure on public infrastructure] [for property tax relief] [for expenditure on public infrastructure and for SB2912 - 277 - LRB095 18331 BDD 44415 b property tax relief]) as provided in Sections 8-11-1.1, 8-11-1.2, 8-11-1.3, and 8-11-1.4 of the Illinois Municipal Code?" The votes shall be recorded as "Yes" or "No".
[for expenditure on public infrastructure] [for property tax relief] [for expenditure on public infrastructure and for property tax relief]) as provided in Sections 8-11-1.1, 8-11-1.2, 8-11-1.3, and 8-11-1.4 of the Illinois Municipal Code?" The votes shall be recorded as "Yes" or "No".
If, in addition to the non-home rule municipal retailers’ occupation tax and non-home rule municipal service occupation tax, a municipality opts to impose a non-home rule municipal use tax on titled or registered vehicles as provided in Section 8-11-1.5, which tax must be administered and collected by the municipality itself, the proposition above shall also include a reference to the Non-Home Rule Municipal Use Tax and a reference to Section 8-11-1.5 of the Illinois Municipal Code.
If, in addition to the non-home rule municipal retailers’ occupation tax and non-home rule municipal service occupation tax, a municipality opts to impose a non-home rule municipal use tax on titled or registered vehicles as provided in Section SB2912 Engrossed - 272 - LRB095 18331 BDD 44415 b 8-11-1.5, which tax must be administered and collected by the municipality itself, the proposition above shall also include a reference to the Non-Home Rule Municipal Use Tax and a reference to Section 8-11-1.5 of the Illinois Municipal Code.
Beginning January 1, 1992, an ordinance or resolution imposing or discontinuing the tax SB2912 - 278 - LRB095 18331 BDD 44415 b hereunder shall be adopted and a certified copy thereof filed with the Department on or before the first day of July, whereupon the Department shall proceed to administer and enforce this Section as of the first day of October next following such adoption and filing.
Beginning January 1, 1992, an ordinance or resolution imposing or discontinuing the tax hereunder shall be adopted and a certified copy thereof filed with the Department on or before the first day of July, whereupon the Department shall proceed to administer and enforce this Section as of the first day of October next following such adoption and filing.
Beginning January 1, 1993, an ordinance or resolution imposing or discontinuing the tax hereunder shall be adopted and a certified copy thereof filed with the Department on or before the first day of October, whereupon the Department shall proceed to administer and enforce this Section as of the first day of January next following such adoption and filing.
Beginning January 1, 1993, an ordinance or resolution imposing or discontinuing the tax hereunder shall be adopted and a certified copy thereof filed with the Department on or before the first day of October, SB2912 Engrossed - 273 - LRB095 18331 BDD 44415 b whereupon the Department shall proceed to administer and enforce this Section as of the first day of January next following such adoption and filing.
Notwithstanding any provision in this Section to the contrary, if, in a non-home rule municipality with more than 150,000 but fewer than 200,000 inhabitants, as determined by SB2912 - 279 - LRB095 18331 BDD 44415 b the last preceding federal decennial census, an ordinance or resolution under this Section imposes or discontinues a tax or changes the tax rate as of July 1, 2007, then that ordinance or resolution, together with a certification that the ordinance or resolution received referendum approval in the case of the imposition of the tax, must be adopted and a certified copy of that ordinance or resolution must be filed with the Department on or before May 15, 2007, whereupon the Department shall proceed to administer and enforce this Section as of July 1, 2007.
Notwithstanding any provision in this Section to the contrary, if, in a non-home rule municipality with more than 150,000 but fewer than 200,000 inhabitants, as determined by the last preceding federal decennial census, an ordinance or resolution under this Section imposes or discontinues a tax or changes the tax rate as of July 1, 2007, then that ordinance or resolution, together with a certification that the ordinance or resolution received referendum approval in the case of the imposition of the tax, must be adopted and a certified copy of that ordinance or resolution must be filed with the Department on or before May 15, 2007, whereupon the Department shall SB2912 Engrossed - 274 - LRB095 18331 BDD 44415 b proceed to administer and enforce this Section as of July 1, 2007.
The corporate authorities of a non-home rule municipality may impose a tax upon all persons engaged in the business of selling tangible personal property, other than on an item of tangible personal property which is titled and SB2912 - 280 - LRB095 18331 BDD 44415 b registered by an agency of this State’s Government, at retail in the municipality for expenditure on public infrastructure or for property tax relief or both as defined in Section 8-11-1.2 if approved by referendum as provided in Section 8-11-1.1, of the gross receipts from such sales made in the course of such business.
The corporate authorities of a non-home rule municipality may impose a tax upon all persons engaged in the business of selling tangible personal property, other than on an item of tangible personal property which is titled and registered by an agency of this State’s Government, at retail in the municipality for expenditure on public infrastructure or for property tax relief or both as defined in Section 8-11-1.2 if approved by referendum as provided in Section 8-11-1.1, of the gross receipts from such sales made in the course of such business.
The tax may not be imposed on the sale of food for human consumption that is to be consumed off the premises where it is sold (other than alcoholic beverages, soft drinks, and food that has been prepared for immediate consumption) and prescription and nonprescription medicines, drugs, medical appliances, modifications to a motor vehicle for the purpose of rendering it usable by a disabled person, and insulin, urine testing materials, syringes, and needles used by diabetics.
The tax may not be imposed on the sale of food for human consumption that is to be consumed SB2912 Engrossed - 275 - LRB095 18331 BDD 44415 b off the premises where it is sold (other than alcoholic beverages, soft drinks, and food that has been prepared for immediate consumption) and prescription and nonprescription medicines, drugs, medical appliances, modifications to a motor vehicle for the purpose of rendering it usable by a disabled person, and insulin, urine testing materials, syringes, and needles used by diabetics.
to dispose of SB2912 - 281 - LRB095 18331 BDD 44415 b taxes and penalties so collected in the manner hereinafter provided, and to determine all rights to credit memoranda, arising on account of the erroneous payment of tax or penalty hereunder.
to dispose of taxes and penalties so collected in the manner hereinafter provided, and to determine all rights to credit memoranda, arising on account of the erroneous payment of tax or penalty hereunder.
In the administration of, and compliance with, this Section, the Department and persons who are subject to this Section shall have the same rights, remedies, privileges, immunities, powers and duties, and be subject to the same conditions, restrictions, limitations, penalties and definitions of terms, and employ the same modes of procedure, as are prescribed in Sections 1, 1a, 1a-1, 1d, 1e, 1f, 1i, 1j, 2 through 2-65 (in respect to all provisions therein other than the State rate of tax), 2c, 3 (except as to the disposition of taxes and penalties collected), 4, 5, 5a, 5b, 5c, 5d, 5e, 5f, 5g, 5h, 5i, 5j, 5k, 5l, 6, 6a, 6b, 6c, 7, 8, 9, 10, 11, 12 and 13 of the Retailers’ Occupation Tax Act and Section 3-7 of the Uniform Penalty and Interest Act as fully as if those provisions were set forth herein.
In the administration of, and compliance with, this Section, the Department and persons who are subject to this Section shall have the same rights, remedies, privileges, immunities, powers and duties, and be subject to the same conditions, restrictions, limitations, penalties and SB2912 Engrossed - 276 - LRB095 18331 BDD 44415 b definitions of terms, and employ the same modes of procedure, as are prescribed in Sections 1, 1a, 1a-1, 1d, 1e, 1f, 1i, 1j, 2 through 2-65 (in respect to all provisions therein other than the State rate of tax), 2c, 3 (except as to the disposition of taxes and penalties collected), 4, 5, 5a, 5b, 5c, 5d, 5e, 5f, 5g, 5h, 5i, 5j, 5k, 5l, 6, 6a, 6b, 6c, 7, 8, 9, 10, 11, 12 and 13 of the Retailers’ Occupation Tax Act and Section 3-7 of the Uniform Penalty and Interest Act as fully as if those provisions were set forth herein.
Persons subject to any tax imposed pursuant to the authority granted in this Section may reimburse themselves for their seller’s tax liability hereunder by separately stating such tax as an additional charge, which charge may be stated in combination, in a single amount, with State tax which sellers are required to collect under the Use Tax Act, pursuant to such SB2912 - 282 - LRB095 18331 BDD 44415 b bracket schedules as the Department may prescribe.
Persons subject to any tax imposed pursuant to the authority granted in this Section may reimburse themselves for their seller’s tax liability hereunder by separately stating such tax as an additional charge, which charge may be stated in combination, in a single amount, with State tax which sellers are required to collect under the Use Tax Act, pursuant to such bracket schedules as the Department may prescribe.
Such refund shall be paid by the State Treasurer out of the non-home rule municipal retailers’ occupation tax fund.
Such refund shall be paid by the State Treasurer out of the non-home rule municipal retailers’ SB2912 Engrossed - 277 - LRB095 18331 BDD 44415 b occupation tax fund.
The amount to be paid to each municipality shall be the amount (not including credit memoranda) collected hereunder during the second preceding calendar month by the Department plus an amount the Department determines is necessary to offset any amounts which were erroneously paid to a different taxing body, and not including an amount equal to the amount of refunds made during the second preceding calendar month by the Department on behalf of such municipality, and not including any amount which the Department determines is necessary to offset any amounts SB2912 - 283 - LRB095 18331 BDD 44415 b which were payable to a different taxing body but were erroneously paid to the municipality.
The amount to be paid to each municipality shall be the amount (not including credit memoranda) collected hereunder during the second preceding calendar month by the Department plus an amount the Department determines is necessary to offset any amounts which were erroneously paid to a different taxing body, and not including an amount equal to the amount of refunds made during the second preceding calendar month by the Department on behalf of such municipality, and not including any amount which the Department determines is necessary to offset any amounts which were payable to a different taxing body but were erroneously paid to the municipality.
For the purpose of determining the local governmental unit whose tax is applicable, a retail sale, by a producer of coal or other mineral mined in Illinois, is a sale at retail at the place where the coal or other mineral mined in Illinois is extracted from the earth.
SB2912 Engrossed - 278 - LRB095 18331 BDD 44415 b For the purpose of determining the local governmental unit whose tax is applicable, a retail sale, by a producer of coal or other mineral mined in Illinois, is a sale at retail at the place where the coal or other mineral mined in Illinois is extracted from the earth.
The offset amount shall be the amount erroneously disbursed within the previous 6 SB2912 - 284 - LRB095 18331 BDD 44415 b months from the time a misallocation is discovered.
The offset amount shall be the amount erroneously disbursed within the previous 6 months from the time a misallocation is discovered.
This Section shall be known and may be cited as the "Non-Home Rule Municipal Retailers’ Occupation Tax Act".
This Section shall be known and may be cited as the SB2912 Engrossed - 279 - LRB095 18331 BDD 44415 b "Non-Home Rule Municipal Retailers’ Occupation Tax Act".
The tax may not be imposed on the sale of food for human consumption that is to be consumed off the premises where it is sold (other than alcoholic beverages, soft SB2912 - 285 - LRB095 18331 BDD 44415 b drinks, and food that has been prepared for immediate consumption) and prescription and nonprescription medicines, drugs, medical appliances, modifications to a motor vehicle for the purpose of rendering it usable by a disabled person, and insulin, urine testing materials, syringes, and needles used by diabetics.
The tax may not be imposed on the sale of food for human consumption that is to be consumed off the premises where it is sold (other than alcoholic beverages, soft drinks, and food that has been prepared for immediate consumption) and prescription and nonprescription medicines, drugs, medical appliances, modifications to a motor vehicle for the purpose of rendering it usable by a disabled person, and insulin, urine testing materials, syringes, and needles used by diabetics.
The tax imposed by a municipality pursuant to this Section and all civil penalties that may be assessed as an incident thereof shall be collected and enforced by the State Department of Revenue.
The tax imposed by a municipality pursuant to this Section and all civil penalties that may be assessed as an incident thereof shall be collected and enforced by the State SB2912 Engrossed - 280 - LRB095 18331 BDD 44415 b Department of Revenue.
In the administration of, and compliance with, this Section the Department and persons who are subject to this Section shall have the same rights, remedies, privileges, immunities, powers and duties, and be subject to the same conditions, restrictions, limitations, penalties and definitions of terms, and employ the same modes SB2912 - 286 - LRB095 18331 BDD 44415 b of procedure, as are prescribed in Sections 1a-1, 2, 2a, 3 through 3-50 (in respect to all provisions therein other than the State rate of tax), 4 (except that the reference to the State shall be to the taxing municipality), 5, 7, 8 (except that the jurisdiction to which the tax shall be a debt to the extent indicated in that Section 8 shall be the taxing municipality), 9 (except as to the disposition of taxes and penalties collected, and except that the returned merchandise credit for this municipal tax may not be taken against any State tax), 10, 11, 12 (except the reference therein to Section 2b of the Retailers’ Occupation Tax Act), 13 (except that any reference to the State shall mean the taxing municipality), the first paragraph of Section 15, 16, 17, 18, 19 and 20 of the Service Occupation Tax Act and Section 3-7 of the Uniform Penalty and Interest Act, as fully as if those provisions were set forth herein.
In the administration of, and compliance with, this Section the Department and persons who are subject to this Section shall have the same rights, remedies, privileges, immunities, powers and duties, and be subject to the same conditions, restrictions, limitations, penalties and definitions of terms, and employ the same modes of procedure, as are prescribed in Sections 1a-1, 2, 2a, 3 through 3-50 (in respect to all provisions therein other than the State rate of tax), 4 (except that the reference to the State shall be to the taxing municipality), 5, 7, 8 (except that the jurisdiction to which the tax shall be a debt to the extent indicated in that Section 8 shall be the taxing municipality), 9 (except as to the disposition of taxes and penalties collected, and except that the returned merchandise SB2912 Engrossed - 281 - LRB095 18331 BDD 44415 b credit for this municipal tax may not be taken against any State tax), 10, 11, 12 (except the reference therein to Section 2b of the Retailers’ Occupation Tax Act), 13 (except that any reference to the State shall mean the taxing municipality), the first paragraph of Section 15, 16, 17, 18, 19 and 20 of the Service Occupation Tax Act and Section 3-7 of the Uniform Penalty and Interest Act, as fully as if those provisions were set forth herein.
Persons subject to any tax imposed pursuant to the authority granted in this Section may reimburse themselves for their serviceman’s tax liability hereunder by separately stating such tax as an additional charge, which charge may be stated in combination, in a single amount, with State tax which servicemen are authorized to collect under the Service Use Tax Act, pursuant to such bracket schedules as the Department may SB2912 - 287 - LRB095 18331 BDD 44415 b prescribe.
Persons subject to any tax imposed pursuant to the authority granted in this Section may reimburse themselves for their serviceman’s tax liability hereunder by separately stating such tax as an additional charge, which charge may be stated in combination, in a single amount, with State tax which servicemen are authorized to collect under the Service Use Tax Act, pursuant to such bracket schedules as the Department may prescribe.
The Department shall forthwith pay over to the State Treasurer, ex officio, as trustee, all taxes and penalties collected hereunder.
SB2912 Engrossed - 282 - LRB095 18331 BDD 44415 b The Department shall forthwith pay over to the State Treasurer, ex officio, as trustee, all taxes and penalties collected hereunder.
Within 10 days after receipt, by the Comptroller, of the disbursement certification to the municipalities and the General Revenue Fund, provided for in this Section to be given to the Comptroller by the Department, the Comptroller shall cause the orders to be drawn for the SB2912 - 288 - LRB095 18331 BDD 44415 b respective amounts in accordance with the directions contained in such certification.
Within 10 days after receipt, by the Comptroller, of the disbursement certification to the municipalities and the General Revenue Fund, provided for in this Section to be given to the Comptroller by the Department, the Comptroller shall cause the orders to be drawn for the respective amounts in accordance with the directions contained in such certification.
Nothing in this Section shall be construed to authorize a municipality to impose a tax upon the privilege of engaging in any business which under the constitution of the United States may not be made the subject of taxation by this State.
Nothing in this Section shall be construed to authorize a municipality to impose a tax upon the privilege of engaging in any business which under the constitution of the United States SB2912 Engrossed - 283 - LRB095 18331 BDD 44415 b may not be made the subject of taxation by this State.
If imposed, SB2912 - 289 - LRB095 18331 BDD 44415 b such tax shall only be imposed in 1/4% increments.
If imposed, such tax shall only be imposed in 1/4% increments.
On and after September 1, 1991, this additional tax may not be imposed on the sales of food for human consumption which is to be consumed off the premises where it is sold (other than alcoholic beverages, soft drinks and food which has been prepared for immediate consumption) and prescription and nonprescription medicines, drugs, medical appliances, modifications to a motor vehicle for the purpose of rendering it usable by a disabled person, and insulin, urine testing materials, syringes and needles used by diabetics.
On and after September 1, 1991, this additional tax may not be imposed on the sales of food for human consumption which is to be consumed off the premises where it is sold (other than alcoholic beverages, soft drinks and food which has been prepared for immediate consumption) and prescription and nonprescription medicines, drugs, medical appliances , modifications to a motor vehicle for the purpose of rendering it usable by a disabled SB2912 Engrossed - 284 - LRB095 18331 BDD 44415 b person, and insulin, urine testing materials, syringes and needles used by diabetics.
In the administration of, and compliance with, this SB2912 - 290 - LRB095 18331 BDD 44415 b Section the Department and persons who are subject to this Section shall have the same rights, remedies, privileges, immunities, powers and duties, and be subject to the same conditions, restrictions, limitations, penalties and definitions of terms, and employ the same modes of procedure, as are prescribed in Sections 1a-1, 2, 2a, 3 through 3-50 (in respect to all provisions therein other than the State rate of tax), 4 (except that the reference to the State shall be to the taxing municipality), 5, 7, 8 (except that the jurisdiction to which the tax shall be a debt to the extent indicated in that Section 8 shall be the taxing municipality), 9 (except as to the disposition of taxes and penalties collected, and except that the returned merchandise credit for this municipal tax may not be taken against any State tax), 10, 11, 12 (except the reference therein to Section 2b of the Retailers’ Occupation Tax Act), 13 (except that any reference to the State shall mean the taxing municipality), the first paragraph of Section 15, 16, 17 (except that credit memoranda issued hereunder may not be used to discharge any State tax liability), 18, 19 and 20 of the Service Occupation Tax Act and Section 3-7 of the Uniform Penalty and Interest Act, as fully as if those provisions were set forth herein.
In the administration of, and compliance with, this Section the Department and persons who are subject to this Section shall have the same rights, remedies, privileges, immunities, powers and duties, and be subject to the same conditions, restrictions, limitations, penalties and definitions of terms, and employ the same modes of procedure, as are prescribed in Sections 1a-1, 2, 2a, 3 through 3-50 (in respect to all provisions therein other than the State rate of tax), 4 (except that the reference to the State shall be to the SB2912 Engrossed - 285 - LRB095 18331 BDD 44415 b taxing municipality), 5, 7, 8 (except that the jurisdiction to which the tax shall be a debt to the extent indicated in that Section 8 shall be the taxing municipality), 9 (except as to the disposition of taxes and penalties collected, and except that the returned merchandise credit for this municipal tax may not be taken against any State tax), 10, 11, 12 (except the reference therein to Section 2b of the Retailers’ Occupation Tax Act), 13 (except that any reference to the State shall mean the taxing municipality), the first paragraph of Section 15, 16, 17 (except that credit memoranda issued hereunder may not be used to discharge any State tax liability), 18, 19 and 20 of the Service Occupation Tax Act and Section 3-7 of the Uniform Penalty and Interest Act, as fully as if those provisions were set forth herein.
Persons subject to any tax imposed pursuant to the SB2912 - 291 - LRB095 18331 BDD 44415 b authority granted in this Section may reimburse themselves for their serviceman’s tax liability hereunder by separately stating such tax as an additional charge, which charge may be stated in combination, in a single amount, with State tax which servicemen are authorized to collect under the Service Use Tax Act, pursuant to such bracket schedules as the Department may prescribe.
Persons subject to any tax imposed pursuant to the authority granted in this Section may reimburse themselves for their serviceman’s tax liability hereunder by separately stating such tax as an additional charge, which charge may be stated in combination, in a single amount, with State tax which servicemen are authorized to collect under the Service Use Tax Act, pursuant to such bracket schedules as the Department may prescribe.
Whenever the Department determines that a refund should be made under this Section to a claimant instead of issuing credit memorandum, the Department shall notify the State Comptroller, who shall cause the order to be drawn for the amount specified, and to the person named, in such notification from the Department.
Whenever the Department determines that a refund should be SB2912 Engrossed - 286 - LRB095 18331 BDD 44415 b made under this Section to a claimant instead of issuing credit memorandum, the Department shall notify the State Comptroller, who shall cause the order to be drawn for the amount specified, and to the person named, in such notification from the Department.
The amount to be paid to each municipality shall be the amount (not including credit memoranda) collected hereunder during the second preceding calendar month by the Department, and not including an amount equal to the amount of refunds made during SB2912 - 292 - LRB095 18331 BDD 44415 b the second preceding calendar month by the Department on behalf of such municipality.
The amount to be paid to each municipality shall be the amount (not including credit memoranda) collected hereunder during the second preceding calendar month by the Department, and not including an amount equal to the amount of refunds made during the second preceding calendar month by the Department on behalf of such municipality.
In addition to the disbursement required by the preceding paragraph and in order to mitigate delays caused by distribution procedures, an allocation shall, if requested, be made within 10 days after January 14, 1991, and in November of 1991 and each year thereafter, to each municipality that received more than $500,000 during the preceding fiscal year, (July 1 through June 30) whether collected by the municipality or disbursed by the Department as required by this Section.
In addition to the disbursement required by the preceding SB2912 Engrossed - 287 - LRB095 18331 BDD 44415 b paragraph and in order to mitigate delays caused by distribution procedures, an allocation shall, if requested, be made within 10 days after January 14, 1991, and in November of 1991 and each year thereafter, to each municipality that received more than $500,000 during the preceding fiscal year, (July 1 through June 30) whether collected by the municipality or disbursed by the Department as required by this Section.
Monthly average for the period of July 1, 1990 through June 30, 1991 SB2912 - 293 - LRB095 18331 BDD 44415 b will be determined as follows:
Monthly average for the period of July 1, 1990 through June 30, 1991 will be determined as follows:
The monthly average for each subsequent period of July 1 through June 30 shall be an amount equal to the monthly distribution made to each such municipality under the preceding paragraph during this period, excluding the 2 months of highest receipts.
The monthly average for each subsequent period of July 1 through June 30 shall be an amount equal to the monthly distribution made to each such SB2912 Engrossed - 288 - LRB095 18331 BDD 44415 b municipality under the preceding paragraph during this period, excluding the 2 months of highest receipts.
SB2912 - 294 - LRB095 18331 BDD 44415 b Beginning January 1, 1992, an ordinance or resolution imposing or discontinuing the tax hereunder or effecting a change in the rate thereof shall be adopted and a certified copy thereof filed with the Department on or before the first day of July, whereupon the Department shall proceed to administer and enforce this Section as of the first day of October next following such adoption and filing.
Beginning January 1, 1992, an ordinance or resolution imposing or discontinuing the tax hereunder or effecting a change in the rate thereof shall be adopted and a certified copy thereof filed with the Department on or before the first day of July, whereupon the Department shall proceed to administer and enforce this Section as of the first day of October next following such adoption and filing.
Beginning January 1, 1993, an ordinance or resolution imposing or discontinuing the tax hereunder or effecting a change in the rate thereof shall be adopted and a certified copy thereof filed with the Department on or before the first day of October, whereupon the Department shall proceed to administer and enforce this Section as of the first day of January next following such adoption and filing.
Beginning January 1, 1993, an ordinance or resolution imposing or discontinuing the tax SB2912 Engrossed - 289 - LRB095 18331 BDD 44415 b hereunder or effecting a change in the rate thereof shall be adopted and a certified copy thereof filed with the Department on or before the first day of October, whereupon the Department shall proceed to administer and enforce this Section as of the first day of January next following such adoption and filing.
Beginning April 1, 1998, an ordinance or resolution imposing or discontinuing the tax hereunder or effecting a change in the rate thereof shall either (i) be adopted and a certified copy thereof filed with the Department on or before the first day of April, whereupon the Department shall proceed to administer and enforce this Section as of the first day of SB2912 - 295 - LRB095 18331 BDD 44415 b July next following the adoption and filing;
Beginning April 1, 1998, an ordinance or resolution imposing or discontinuing the tax hereunder or effecting a change in the rate thereof shall either (i) be adopted and a certified copy thereof filed with the Department on or before the first day of April, whereupon the Department shall proceed to administer and enforce this Section as of the first day of July next following the adoption and filing;
Any unobligated balance remaining in the Municipal Retailers’ Occupation Tax Fund on December 31, 1989, which fund was abolished by Public Act 85-1135, and all receipts of municipal tax as a result of audits of liability periods prior to January 1, 1990, shall be paid into the Local Government Tax Fund, for distribution as provided by this Section prior to the enactment of Public Act 85-1135.
Any unobligated balance remaining in the Municipal Retailers’ Occupation Tax Fund on December 31, 1989, which fund was abolished by Public Act 85-1135, and all receipts of SB2912 Engrossed - 290 - LRB095 18331 BDD 44415 b municipal tax as a result of audits of liability periods prior to January 1, 1990, shall be paid into the Local Government Tax Fund, for distribution as provided by this Section prior to the enactment of Public Act 85-1135.
6-30-99.) SB2912 - 296 - LRB095 18331 BDD 44415 b (65 ILCS 5/11-74.3-6) Sec.
6-30-99.) (65 ILCS 5/11-74.3-6) Sec.
(a) If the corporate authorities of a municipality have approved a business district development or redevelopment plan and have elected to impose a tax by ordinance pursuant to subsections (b), (c), or (d) of this Section, each year after the date of the approval of the ordinance and until all business district project costs and all municipal obligations financing the business district project costs, if any, have been paid in accordance with the business district development or redevelopment plan, but in no event longer than 23 years after the date of adoption of the ordinance approving the business district development or redevelopment plan, all amounts generated by the retailers’ occupation tax and service occupation tax shall be collected and the tax shall be enforced by the Department of Revenue in the same manner as all retailers’ occupation taxes and service occupation taxes imposed in the municipality imposing the tax and all amounts generated by the hotel operators’ occupation tax shall be collected and the tax shall be enforced by the municipality in the same manner as all hotel operators’ occupation taxes imposed in the municipality imposing the tax.
(a) If the corporate authorities of a municipality have approved a business district development or redevelopment plan and have elected to impose a tax by ordinance pursuant to subsections (b), (c), or (d) of this Section, each year after the date of the approval of the ordinance and until all business district project costs and all municipal obligations SB2912 Engrossed - 291 - LRB095 18331 BDD 44415 b financing the business district project costs, if any, have been paid in accordance with the business district development or redevelopment plan, but in no event longer than 23 years after the date of adoption of the ordinance approving the business district development or redevelopment plan, all amounts generated by the retailers’ occupation tax and service occupation tax shall be collected and the tax shall be enforced by the Department of Revenue in the same manner as all retailers’ occupation taxes and service occupation taxes imposed in the municipality imposing the tax and all amounts generated by the hotel operators’ occupation tax shall be collected and the tax shall be enforced by the municipality in the same manner as all hotel operators’ occupation taxes imposed in the municipality imposing the tax.
The corporate authorities of the municipality shall deposit the proceeds of the taxes imposed under subsections (b), (c), and (d) into a special fund held by the corporate authorities of the municipality called the Business District Tax Allocation Fund SB2912 - 297 - LRB095 18331 BDD 44415 b for the purpose of paying business district project costs and obligations incurred in the payment of those costs.
The corporate authorities of the municipality shall deposit the proceeds of the taxes imposed under subsections (b), (c), and (d) into a special fund held by the corporate authorities of the municipality called the Business District Tax Allocation Fund for the purpose of paying business district project costs and obligations incurred in the payment of those costs.
(b) The corporate authorities of a municipality that has established a business district under this Division 74.3 may, by ordinance or resolution, impose a Business District Retailers’ Occupation Tax upon all persons engaged in the business of selling tangible personal property, other than an item of tangible personal property titled or registered with an agency of this State’s government, at retail in the business district at a rate not to exceed 1% of the gross receipts from the sales made in the course of such business, to be imposed only in 0.25% increments.
(b) The corporate authorities of a municipality that has established a business district under this Division 74.3 may, by ordinance or resolution, impose a Business District Retailers’ Occupation Tax upon all persons engaged in the business of selling tangible personal property, other than an item of tangible personal property titled or registered with an SB2912 Engrossed - 292 - LRB095 18331 BDD 44415 b agency of this State’s government, at retail in the business district at a rate not to exceed 1% of the gross receipts from the sales made in the course of such business, to be imposed only in 0.25% increments.
The certificate of registration that is issued by the Department to a retailer under the Retailers’ Occupation Tax Act shall permit the retailer to engage in a business that is taxable under any SB2912 - 298 - LRB095 18331 BDD 44415 b ordinance or resolution enacted pursuant to this subsection without registering separately with the Department under such ordinance or resolution or under this subsection.
The certificate of registration that is issued by the Department to a retailer under the Retailers’ Occupation Tax Act shall permit the retailer to engage in a business that is taxable under any ordinance or resolution enacted pursuant to this subsection without registering separately with the Department under such ordinance or resolution or under this subsection.
and to determine all rights to credit memoranda arising on account of the erroneous payment of tax or penalty under this subsection.
and to determine all rights to credit memoranda arising on account of the erroneous payment of tax or penalty under this SB2912 Engrossed - 293 - LRB095 18331 BDD 44415 b subsection.
Persons subject to any tax imposed under this subsection may reimburse themselves for their seller’s tax liability under this subsection by separately stating the tax as an additional charge, which charge may be stated in combination, in a single SB2912 - 299 - LRB095 18331 BDD 44415 b amount, with State taxes that sellers are required to collect under the Use Tax Act, in accordance with such bracket schedules as the Department may prescribe.
Persons subject to any tax imposed under this subsection may reimburse themselves for their seller’s tax liability under this subsection by separately stating the tax as an additional charge, which charge may be stated in combination, in a single amount, with State taxes that sellers are required to collect under the Use Tax Act, in accordance with such bracket schedules as the Department may prescribe.
Whenever the Department determines that a refund should be made under this subsection to a claimant instead of issuing a credit memorandum, the Department shall notify the State Comptroller, who shall cause the order to be drawn for the amount specified and to the person named in the notification from the Department.
Whenever the Department determines that a refund should be made under this subsection to a claimant instead of issuing a credit memorandum, the Department shall notify the State Comptroller, who shall cause the order to be drawn for the amount specified and to the person named in the notification SB2912 Engrossed - 294 - LRB095 18331 BDD 44415 b from the Department.
The amount to be paid to each municipality shall be the amount (not including credit memoranda) collected under this subsection during the second preceding calendar month by the Department plus an amount the Department determines is necessary to offset any amounts that SB2912 - 300 - LRB095 18331 BDD 44415 b were erroneously paid to a different taxing body, and not including an amount equal to the amount of refunds made during the second preceding calendar month by the Department, less 2% of that amount, which shall be deposited into the Tax Compliance and Administration Fund and shall be used by the Department, subject to appropriation, to cover the costs of the Department in administering and enforcing the provisions of this subsection, on behalf of such municipality, and not including any amount that the Department determines is necessary to offset any amounts that were payable to a different taxing body but were erroneously paid to the municipality.
The amount to be paid to each municipality shall be the amount (not including credit memoranda) collected under this subsection during the second preceding calendar month by the Department plus an amount the Department determines is necessary to offset any amounts that were erroneously paid to a different taxing body, and not including an amount equal to the amount of refunds made during the second preceding calendar month by the Department, less 2% of that amount, which shall be deposited into the Tax Compliance and Administration Fund and shall be used by the Department, subject to appropriation, to cover the costs of the Department in administering and enforcing the provisions of this subsection, on behalf of such municipality, and not SB2912 Engrossed - 295 - LRB095 18331 BDD 44415 b including any amount that the Department determines is necessary to offset any amounts that were payable to a different taxing body but were erroneously paid to the municipality.
An ordinance or resolution imposing or discontinuing the tax under this subsection or effecting a change in the rate thereof shall either (i) be adopted and a certified copy thereof filed with the Department on or before the first day of April, whereupon the Department, if all other requirements of this subsection are met, shall proceed to administer and SB2912 - 301 - LRB095 18331 BDD 44415 b enforce this subsection as of the first day of July next following the adoption and filing;
An ordinance or resolution imposing or discontinuing the tax under this subsection or effecting a change in the rate thereof shall either (i) be adopted and a certified copy thereof filed with the Department on or before the first day of April, whereupon the Department, if all other requirements of this subsection are met, shall proceed to administer and enforce this subsection as of the first day of July next following the adoption and filing;
The Department of Revenue shall not administer or enforce an ordinance imposing, discontinuing, or changing the rate of the tax under this subsection, until the municipality also provides, in the manner prescribed by the Department, the boundaries of the business district and each address in the business district in such a way that the Department can determine by its address whether a business is located in the business district.
The Department of Revenue shall not administer or enforce SB2912 Engrossed - 296 - LRB095 18331 BDD 44415 b an ordinance imposing, discontinuing, or changing the rate of the tax under this subsection, until the municipality also provides, in the manner prescribed by the Department, the boundaries of the business district and each address in the business district in such a way that the Department can determine by its address whether a business is located in the business district.
The municipality must provide SB2912 - 302 - LRB095 18331 BDD 44415 b this boundary change information or address change, addition, or deletion to the Department on or before April 1 for administration and enforcement by the Department of the change beginning on the following July 1 and on or before October 1 for administration and enforcement by the Department of the change beginning on the following January 1.
The municipality must provide this boundary change information or address change, addition, or deletion to the Department on or before April 1 for administration and enforcement by the Department of the change beginning on the following July 1 and on or before October 1 for administration and enforcement by the Department of the change beginning on the following January 1.
If a retailer is incorrectly included or excluded from the list of those required to collect the tax under this subsection, both the Department of Revenue and the retailer shall be held harmless if they reasonably relied on information provided by the municipality.
If a retailer is incorrectly SB2912 Engrossed - 297 - LRB095 18331 BDD 44415 b included or excluded from the list of those required to collect the tax under this subsection, both the Department of Revenue and the retailer shall be held harmless if they reasonably relied on information provided by the municipality.
SB2912 - 303 - LRB095 18331 BDD 44415 b If a tax is imposed under this subsection (b), a tax shall also be imposed under subsection (c) of this Section.
If a tax is imposed under this subsection (b), a tax shall also be imposed under subsection (c) of this Section.
(c) If a tax has been imposed under subsection (b), a Business District Service Occupation Tax shall also be imposed upon all persons engaged, in the business district, in the business of making sales of service, who, as an incident to making those sales of service, transfer tangible personal property within the business district, either in the form of tangible personal property or in the form of real estate as an incident to a sale of service.
(c) If a tax has been imposed under subsection (b), a Business District Service Occupation Tax shall also be imposed upon all persons engaged, in the business district, in the business of making sales of service, who, as an incident to making those sales of service, transfer tangible personal property within the business district, either in the form of SB2912 Engrossed - 298 - LRB095 18331 BDD 44415 b tangible personal property or in the form of real estate as an incident to a sale of service.
The certificate of registration which is issued by the Department SB2912 - 304 - LRB095 18331 BDD 44415 b to a retailer under the Retailers’ Occupation Tax Act or under the Service Occupation Tax Act shall permit such registrant to engage in a business which is taxable under any ordinance or resolution enacted pursuant to this subsection without registering separately with the Department under such ordinance or resolution or under this subsection.
The certificate of registration which is issued by the Department to a retailer under the Retailers’ Occupation Tax Act or under the Service Occupation Tax Act shall permit such registrant to engage in a business which is taxable under any ordinance or resolution enacted pursuant to this subsection without registering separately with the Department under such ordinance or resolution or under this subsection.
to collect all taxes and penalties due under this subsection;
to collect all taxes and penalties due SB2912 Engrossed - 299 - LRB095 18331 BDD 44415 b under this subsection;
In the administration of, and compliance with this subsection, the Department and persons who are subject to this subsection shall have the same rights, remedies, privileges, immunities, powers and duties, and be subject to the same conditions, restrictions, limitations, penalties, exclusions, exemptions, and definitions of terms and employ the same modes of procedure as are prescribed in Sections 2, 2a through 2d, 3 through 3-50 (in respect to all provisions therein other than the State rate of tax), 4 (except that the reference to the State shall be to the business district), 5, 7, 8 (except that the jurisdiction to which the tax shall be a debt to the extent indicated in that Section 8 shall be the municipality), 9 (except as to the disposition of taxes and penalties collected, and except that the returned merchandise credit for this tax may not be taken SB2912 - 305 - LRB095 18331 BDD 44415 b against any State tax), 10, 11, 12 (except the reference therein to Section 2b of the Retailers’ Occupation Tax Act), 13 (except that any reference to the State shall mean the municipality), the first paragraph of Section 15, and Sections 16, 17, 18, 19 and 20 of the Service Occupation Tax Act and all provisions of the Uniform Penalty and Interest Act, as fully as if those provisions were set forth herein.
In the administration of, and compliance with this subsection, the Department and persons who are subject to this subsection shall have the same rights, remedies, privileges, immunities, powers and duties, and be subject to the same conditions, restrictions, limitations, penalties, exclusions, exemptions, and definitions of terms and employ the same modes of procedure as are prescribed in Sections 2, 2a through 2d, 3 through 3-50 (in respect to all provisions therein other than the State rate of tax), 4 (except that the reference to the State shall be to the business district), 5, 7, 8 (except that the jurisdiction to which the tax shall be a debt to the extent indicated in that Section 8 shall be the municipality), 9 (except as to the disposition of taxes and penalties collected, and except that the returned merchandise credit for this tax may not be taken against any State tax), 10, 11, 12 (except the reference therein to Section 2b of the Retailers’ Occupation Tax Act), 13 (except that any reference to the State shall mean the municipality), the first paragraph of Section 15, and Sections 16, 17, 18, 19 and 20 of the Service Occupation Tax Act and all provisions of the Uniform Penalty and Interest Act, as fully as if those provisions were set forth herein.
Persons subject to any tax imposed under the authority granted in this subsection may reimburse themselves for their serviceman’s tax liability hereunder by separately stating the tax as an additional charge, which charge may be stated in combination, in a single amount, with State tax that servicemen are authorized to collect under the Service Use Tax Act, in accordance with such bracket schedules as the Department may prescribe.
Persons subject to any tax imposed under the authority SB2912 Engrossed - 300 - LRB095 18331 BDD 44415 b granted in this subsection may reimburse themselves for their serviceman’s tax liability hereunder by separately stating the tax as an additional charge, which charge may be stated in combination, in a single amount, with State tax that servicemen are authorized to collect under the Service Use Tax Act, in accordance with such bracket schedules as the Department may prescribe.
The Department shall forthwith pay over to the State Treasurer, ex-officio, as trustee, all taxes, penalties, and interest collected under this subsection for deposit into the SB2912 - 306 - LRB095 18331 BDD 44415 b business district retailers’ occupation tax fund.
The Department shall forthwith pay over to the State Treasurer, ex-officio, as trustee, all taxes, penalties, and interest collected under this subsection for deposit into the business district retailers’ occupation tax fund.
The amount to be paid to each municipality shall be the amount (not including credit memoranda) collected under this subsection during the second preceding calendar month by the Department, less 2% of that amount, which shall be deposited into the Tax Compliance and Administration Fund and shall be used by the Department, subject to appropriation, to cover the costs of the Department in administering and enforcing the provisions of this subsection, and not including an amount equal to the amount of refunds made during the second preceding calendar month by the Department on behalf of such municipality.
The amount to be paid to each SB2912 Engrossed - 301 - LRB095 18331 BDD 44415 b municipality shall be the amount (not including credit memoranda) collected under this subsection during the second preceding calendar month by the Department, less 2% of that amount, which shall be deposited into the Tax Compliance and Administration Fund and shall be used by the Department, subject to appropriation, to cover the costs of the Department in administering and enforcing the provisions of this subsection, and not including an amount equal to the amount of refunds made during the second preceding calendar month by the Department on behalf of such municipality.
SB2912 - 307 - LRB095 18331 BDD 44415 b An ordinance or resolution imposing or discontinuing the tax under this subsection or effecting a change in the rate thereof shall either (i) be adopted and a certified copy thereof filed with the Department on or before the first day of April, whereupon the Department, if all other requirements of this subsection are met, shall proceed to administer and enforce this subsection as of the first day of July next following the adoption and filing;
An ordinance or resolution imposing or discontinuing the tax under this subsection or effecting a change in the rate thereof shall either (i) be adopted and a certified copy thereof filed with the Department on or before the first day of April, whereupon the Department, if all other requirements of this subsection are met, shall proceed to administer and enforce this subsection as of the first day of July next following the adoption and filing;
or (ii) be adopted and a certified copy thereof filed with the Department on or before the first day of October, whereupon, if all other conditions of this subsection are met, the Department shall proceed to administer and enforce this subsection as of the first day of January next following the adoption and filing.
or (ii) be adopted and a SB2912 Engrossed - 302 - LRB095 18331 BDD 44415 b certified copy thereof filed with the Department on or before the first day of October, whereupon, if all other conditions of this subsection are met, the Department shall proceed to administer and enforce this subsection as of the first day of January next following the adoption and filing.
The municipality must provide this boundary and address information to the Department on or before April 1 for administration and enforcement of the tax under this subsection by the Department beginning on the following July 1 and on or before October 1 for administration and enforcement of the tax under this subsection by the Department beginning on SB2912 - 308 - LRB095 18331 BDD 44415 b the following January 1.
The municipality must provide this boundary and address information to the Department on or before April 1 for administration and enforcement of the tax under this subsection by the Department beginning on the following July 1 and on or before October 1 for administration and enforcement of the tax under this subsection by the Department beginning on the following January 1.
The municipality must provide this boundary change information or address change, addition, or deletion to the Department on or before April 1 for administration and enforcement by the Department of the change beginning on the following July 1 and on or before October 1 for administration and enforcement by the Department of the change beginning on the following January 1.
The municipality must provide this boundary change information or address change, addition, or deletion to the Department on or before April 1 for SB2912 Engrossed - 303 - LRB095 18331 BDD 44415 b administration and enforcement by the Department of the change beginning on the following July 1 and on or before October 1 for administration and enforcement by the Department of the change beginning on the following January 1.
SB2912 - 309 - LRB095 18331 BDD 44415 b If a tax is imposed under this subsection (c), a tax shall also be imposed under subsection (b) of this Section.
If a tax is imposed under this subsection (c), a tax shall also be imposed under subsection (b) of this Section.
(d) By ordinance, a municipality that has established a business district under this Division 74.3 may impose an occupation tax upon all persons engaged in the business district in the business of renting, leasing, or letting rooms in a hotel, as defined in the Hotel Operators’ Occupation Tax Act, at a rate not to exceed 1% of the gross rental receipts from the renting, leasing, or letting of hotel rooms within the business district, to be imposed only in 0.25% increments, excluding, however, from gross rental receipts the proceeds of renting, leasing, or letting to permanent residents of a hotel, as defined in the Hotel Operators’ Occupation Tax Act, and proceeds from the tax imposed under subsection (c) of Section 13 of the Metropolitan Pier and Exposition Authority Act.
(d) By ordinance, a municipality that has established a business district under this Division 74.3 may impose an occupation tax upon all persons engaged in the business district in the business of renting, leasing, or letting rooms in a hotel, as defined in the Hotel Operators’ Occupation Tax Act, at a rate not to exceed 1% of the gross rental receipts SB2912 Engrossed - 304 - LRB095 18331 BDD 44415 b from the renting, leasing, or letting of hotel rooms within the business district, to be imposed only in 0.25% increments, excluding, however, from gross rental receipts the proceeds of renting, leasing, or letting to permanent residents of a hotel, as defined in the Hotel Operators’ Occupation Tax Act, and proceeds from the tax imposed under subsection (c) of Section 13 of the Metropolitan Pier and Exposition Authority Act.
In the administration of and compliance with this subsection, the municipality and persons who are SB2912 - 310 - LRB095 18331 BDD 44415 b subject to this subsection shall have the same rights, remedies, privileges, immunities, powers, and duties, shall be subject to the same conditions, restrictions, limitations, penalties, and definitions of terms, and shall employ the same modes of procedure as are employed with respect to a tax adopted by the municipality under Section 8-3-14 of this Code.
In the administration of and compliance with this subsection, the municipality and persons who are subject to this subsection shall have the same rights, remedies, privileges, immunities, powers, and duties, shall be subject to the same conditions, restrictions, limitations, penalties, and definitions of terms, and shall employ the same modes of procedure as are employed with respect to a tax adopted by the municipality under Section 8-3-14 of this Code.
Persons subject to any tax imposed under the authority granted in this subsection may reimburse themselves for their tax liability for that tax by separately stating that tax as an additional charge, which charge may be stated in combination, in a single amount, with State taxes imposed under the Hotel Operators’ Occupation Tax Act, and with any other tax.
Persons subject to any tax imposed under the authority granted in this subsection may reimburse themselves for their SB2912 Engrossed - 305 - LRB095 18331 BDD 44415 b tax liability for that tax by separately stating that tax as an additional charge, which charge may be stated in combination, in a single amount, with State taxes imposed under the Hotel Operators’ Occupation Tax Act, and with any other tax.
Obligations issued pursuant to SB2912 - 311 - LRB095 18331 BDD 44415 b subsection (14) of Section 11-74.3-3 may be sold at public or private sale at a price determined by the corporate authorities of the municipality and no referendum approval of the electors shall be required as a condition to the issuance of those obligations.
Obligations issued pursuant to subsection (14) of Section 11-74.3-3 may be sold at public or private sale at a price determined by the corporate authorities of the municipality and no referendum approval of the electors shall be required as a condition to the issuance of those obligations.
The ordinance authorizing the obligations may require that the obligations contain a recital that they are issued pursuant to subsection (14) of Section 11-74.3-3 and this recital shall be conclusive evidence of their validity and of the regularity of their issuance.
The ordinance authorizing the obligations may require that the obligations contain a recital that they are issued pursuant to subsection (14) of Section 11-74.3-3 and this recital shall be conclusive evidence of their validity and SB2912 Engrossed - 306 - LRB095 18331 BDD 44415 b of the regularity of their issuance.
Upon payment of all business district project costs and retirement of obligations, but in no event more than 23 years after the date of adoption of the ordinance approving the business district development or redevelopment plan, the SB2912 - 312 - LRB095 18331 BDD 44415 b municipality shall adopt an ordinance immediately rescinding the taxes imposed pursuant to subsections (12) and (13) of Section 11-74.3-3.
Upon payment of all business district project costs and retirement of obligations, but in no event more than 23 years after the date of adoption of the ordinance approving the business district development or redevelopment plan, the municipality shall adopt an ordinance immediately rescinding the taxes imposed pursuant to subsections (12) and (13) of Section 11-74.3-3.
Section 55.
SB2912 Engrossed - 307 - LRB095 18331 BDD 44415 b Section 55.
This additional tax may not be imposed on the sales of food for human consumption that is to be consumed off the premises where it is sold (other than alcoholic beverages, soft drinks, and food which has been prepared for immediate consumption) and prescription and non-prescription medicines, drugs, medical SB2912 - 313 - LRB095 18331 BDD 44415 b appliances, modifications to a motor vehicle for the purpose of rendering it usable by a disabled person, and insulin, urine testing materials, syringes, and needles used by diabetics.
This additional tax may not be imposed on the sales of food for human consumption that is to be consumed off the premises where it is sold (other than alcoholic beverages, soft drinks, and food which has been prepared for immediate consumption) and prescription and non-prescription medicines, drugs, medical appliances, modifications to a motor vehicle for the purpose of rendering it usable by a disabled person, and insulin, urine testing materials, syringes, and needles used by diabetics.
The certificate of registration that is issued by the Department to a retailer under the Retailers’ Occupation Tax Act shall permit the retailer to engage in a business that is taxable without registering separately with the Department under an ordinance or resolution under this Section.
The certificate of registration that is issued by the Department to a retailer under the Retailers’ Occupation Tax Act shall permit SB2912 Engrossed - 308 - LRB095 18331 BDD 44415 b the retailer to engage in a business that is taxable without registering separately with the Department under an ordinance or resolution under this Section.
In the administration of and compliance with this Section, the Department and persons who are subject to this Section shall (i) have the same rights, remedies, privileges, immunities, powers, and duties, (ii) be subject to the same conditions, restrictions, limitations, penalties, and definitions of terms, and (iii) employ the same modes of procedure as are prescribed in Sections 1, 1a, 1a-1, 1d, 1e, 1f, 1i, 1j, 1k, 1m, 1n, 2, 2-5, 2-5.5, 2-10 (in respect to all provisions contained in those Sections other than the State rate of tax), 2-15 through 2-70, 2a, 2b, 2c, 3 (except SB2912 - 314 - LRB095 18331 BDD 44415 b provisions relating to transaction returns and quarter monthly payments), 4, 5, 5a, 5b, 5c, 5d, 5e, 5f, 5g, 5h, 5i, 5j, 5k, 5l, 6, 6a, 6b, 6c, 7, 8, 9, 10, 11, 11a, 12, and 13 of the Retailers’ Occupation Tax Act and the Uniform Penalty and Interest Act as if those provisions were set forth in this Section.
In the administration of and compliance with this Section, the Department and persons who are subject to this Section shall (i) have the same rights, remedies, privileges, immunities, powers, and duties, (ii) be subject to the same conditions, restrictions, limitations, penalties, and definitions of terms, and (iii) employ the same modes of procedure as are prescribed in Sections 1, 1a, 1a-1, 1d, 1e, 1f, 1i, 1j, 1k, 1m, 1n, 2, 2-5, 2-5.5, 2-10 (in respect to all provisions contained in those Sections other than the State rate of tax), 2-15 through 2-70, 2a, 2b, 2c, 3 (except provisions relating to transaction returns and quarter monthly payments), 4, 5, 5a, 5b, 5c, 5d, 5e, 5f, 5g, 5h, 5i, 5j, 5k, 5l, 6, 6a, 6b, 6c, 7, 8, 9, 10, 11, 11a, 12, and 13 of the Retailers’ Occupation Tax Act and the Uniform Penalty and Interest Act as if those provisions were set forth in this Section.
Persons subject to any tax imposed under the authority granted in this Section may reimburse themselves for their sellers’ tax liability by separately stating the tax as an additional charge, which charge may be stated in combination, in a single amount, with State tax which sellers are required to collect under the Use Tax Act, pursuant to such bracketed schedules as the Department may prescribe.
Persons subject to any tax imposed under the authority granted in this Section may reimburse themselves for their SB2912 Engrossed - 309 - LRB095 18331 BDD 44415 b sellers’ tax liability by separately stating the tax as an additional charge, which charge may be stated in combination, in a single amount, with State tax which sellers are required to collect under the Use Tax Act, pursuant to such bracketed schedules as the Department may prescribe.
(b) If a tax has been imposed under subsection (a), a service occupation tax shall also be imposed at the same rate upon all persons engaged, in the District, in the business of making sales of service, who, as an incident to making those sales of service, transfer tangible personal property within SB2912 - 315 - LRB095 18331 BDD 44415 b the District as an incident to a sale of service.
(b) If a tax has been imposed under subsection (a), a service occupation tax shall also be imposed at the same rate upon all persons engaged, in the District, in the business of making sales of service, who, as an incident to making those sales of service, transfer tangible personal property within the District as an incident to a sale of service.
This tax may not be imposed on sales of food for human consumption that is to be consumed off the premises where it is sold (other than alcoholic beverages, soft drinks, and food prepared for immediate consumption) and prescription and non-prescription medicines, drugs, medical appliances, modifications to a motor vehicle for the purpose of rendering it usable by a disabled person, and insulin, urine testing materials, syringes, and needles used by diabetics.
This tax may not be imposed on sales of food for human consumption that is to be consumed off the premises where it is sold (other than alcoholic beverages, soft drinks, and food prepared for immediate consumption) and prescription and non-prescription medicines, drugs, medical appliances , modifications to a motor vehicle for the purpose of rendering it usable by a disabled person, and insulin, urine testing materials, syringes, and SB2912 Engrossed - 310 - LRB095 18331 BDD 44415 b needles used by diabetics.
In the administration of, and compliance with this subsection, the Department and persons who are subject to this paragraph shall (i) have the same rights, remedies, privileges, immunities, powers, and duties, (ii) be subject to the same conditions, restrictions, limitations, penalties, exclusions, exemptions, and definitions of terms, and (iii) employ the same modes of procedure as are prescribed in Sections 2 (except that the reference to State in the definition of supplier maintaining a place of business in this State shall mean the District), 2a, SB2912 - 316 - LRB095 18331 BDD 44415 b 2b, 2c, 3 through 3-50 (in respect to all provisions therein other than the State rate of tax), 4 (except that the reference to the State shall be to the District), 5, 7, 8 (except that the jurisdiction to which the tax shall be a debt to the extent indicated in that Section 8 shall be the District), 9 (except as to the disposition of taxes and penalties collected), 10, 11, 12 (except the reference therein to Section 2b of the Retailers’ Occupation Tax Act), 13 (except that any reference to the State shall mean the District), Sections 15, 16, 17, 18, 19 and 20 of the Service Occupation Tax Act and the Uniform Penalty and Interest Act, as fully as if those provisions were set forth herein.
In the administration of, and compliance with this subsection, the Department and persons who are subject to this paragraph shall (i) have the same rights, remedies, privileges, immunities, powers, and duties, (ii) be subject to the same conditions, restrictions, limitations, penalties, exclusions, exemptions, and definitions of terms, and (iii) employ the same modes of procedure as are prescribed in Sections 2 (except that the reference to State in the definition of supplier maintaining a place of business in this State shall mean the District), 2a, 2b, 2c, 3 through 3-50 (in respect to all provisions therein other than the State rate of tax), 4 (except that the reference to the State shall be to the District), 5, 7, 8 (except that the jurisdiction to which the tax shall be a debt to the extent indicated in that Section 8 shall be the District), 9 (except as to the disposition of taxes and penalties collected), 10, 11, 12 (except the reference therein to Section 2b of the Retailers’ Occupation Tax Act), 13 (except that any reference SB2912 Engrossed - 311 - LRB095 18331 BDD 44415 b to the State shall mean the District), Sections 15, 16, 17, 18, 19 and 20 of the Service Occupation Tax Act and the Uniform Penalty and Interest Act, as fully as if those provisions were set forth herein.
The refund shall be paid by the State SB2912 - 317 - LRB095 18331 BDD 44415 b Treasurer out of the State Metro-East Park and Recreation District Fund.
The refund shall be paid by the State Treasurer out of the State Metro-East Park and Recreation District Fund.
(c) The Department shall immediately pay over to the State Treasurer, ex officio, as trustee, all taxes and penalties collected under this Section to be deposited into the State Metro-East Park and Recreation District Fund, which shall be an unappropriated trust fund held outside of the State treasury.
(c) The Department shall immediately pay over to the State Treasurer, ex officio, as trustee, all taxes and penalties SB2912 Engrossed - 312 - LRB095 18331 BDD 44415 b collected under this Section to be deposited into the State Metro-East Park and Recreation District Fund, which shall be an unappropriated trust fund held outside of the State treasury.
The amount to be paid to the District shall be the amount (not including credit memoranda) collected under this Section during the second preceding calendar month by the Department plus an amount the Department determines is necessary to offset any amounts that were erroneously paid to a different taxing body, and not including (i) an amount equal to the amount of refunds made during the second preceding calendar month by the Department on behalf of the District and (ii) any amount that the Department determines is necessary to offset any amounts that were payable to a different taxing body but SB2912 - 318 - LRB095 18331 BDD 44415 b were erroneously paid to the District.
The amount to be paid to the District shall be the amount (not including credit memoranda) collected under this Section during the second preceding calendar month by the Department plus an amount the Department determines is necessary to offset any amounts that were erroneously paid to a different taxing body, and not including (i) an amount equal to the amount of refunds made during the second preceding calendar month by the Department on behalf of the District and (ii) any amount that the Department determines is necessary to offset any amounts that were payable to a different taxing body but were erroneously paid to the District.
(d) For the purpose of determining whether a tax authorized under this Section is applicable, a retail sale by a producer of coal or another mineral mined in Illinois is a sale at retail at the place where the coal or other mineral mined in Illinois is extracted from the earth.
(d) For the purpose of determining whether a tax authorized under this Section is applicable, a retail sale by a producer SB2912 Engrossed - 313 - LRB095 18331 BDD 44415 b of coal or another mineral mined in Illinois is a sale at retail at the place where the coal or other mineral mined in Illinois is extracted from the earth.
or (ii) on or before the first day of SB2912 - 319 - LRB095 18331 BDD 44415 b October, whereupon the Department shall proceed to administer and enforce the tax as of the first day of January next following the filing.
or (ii) on or before the first day of October, whereupon the Department shall proceed to administer and enforce the tax as of the first day of January next following the filing.
The offset amount shall be the amount erroneously disbursed within the previous 6 months from the time a misallocation is discovered.
The offset amount shall be the amount erroneously disbursed within the previous 6 SB2912 Engrossed - 314 - LRB095 18331 BDD 44415 b months from the time a misallocation is discovered.
(a) In order to carry out any of the powers or purposes of the Authority, the Board may by ordinance adopted with the concurrence of 9 of the then Directors, impose throughout the metropolitan region any or all of the taxes provided in this Section.
(a) In order to carry out any of the powers or purposes of the Authority, the Board may by ordinance adopted with the concurrence of 12 of the then Directors, impose throughout the metropolitan region any or all of the taxes provided in this Section.
SB2912 - 320 - LRB095 18331 BDD 44415 b (b) The Board may impose a public transportation tax upon all persons engaged in the metropolitan region in the business of selling at retail motor fuel for operation of motor vehicles upon public highways.
Nothing in this amendatory Act of the 95th General Assembly is intended to invalidate any taxes currently imposed by the Authority.
The increased vote requirements to impose a tax shall only apply to actions taken after the effective date of this amendatory Act of the 95th General Assembly.
(b) The Board may impose a public transportation tax upon all persons engaged in the metropolitan region in the business of selling at retail motor fuel for operation of motor vehicles SB2912 Engrossed - 315 - LRB095 18331 BDD 44415 b upon public highways.
SB2912 - 321 - LRB095 18331 BDD 44415 b (d) The Board may impose a motor vehicle parking tax upon the privilege of parking motor vehicles at off-street parking facilities in the metropolitan region at which a fee is charged, and may provide for reasonable classifications in and exemptions to the tax, for administration and enforcement thereof and for civil penalties and refunds thereunder and may provide criminal penalties thereunder, the maximum penalties not to exceed the maximum criminal penalties provided in the Retailers’ Occupation Tax Act.
(d) The Board may impose a motor vehicle parking tax upon the privilege of parking motor vehicles at off-street parking facilities in the metropolitan region at which a fee is SB2912 Engrossed - 316 - LRB095 18331 BDD 44415 b charged, and may provide for reasonable classifications in and exemptions to the tax, for administration and enforcement thereof and for civil penalties and refunds thereunder and may provide criminal penalties thereunder, the maximum penalties not to exceed the maximum criminal penalties provided in the Retailers’ Occupation Tax Act.
In Cook County the tax rate shall be 1% of the gross receipts from sales of food for human consumption that is to be consumed off the premises where it is SB2912 - 322 - LRB095 18331 BDD 44415 b sold (other than alcoholic beverages, soft drinks and food that has been prepared for immediate consumption) and prescription and nonprescription medicines, drugs, medical appliances, modifications to a motor vehicle for the purpose of rendering it usable by a disabled person, and insulin, urine testing materials, syringes and needles used by diabetics, and 3/4% of the gross receipts from other taxable sales made in the course of that business.
In Cook County the tax rate shall be 1.25% of the gross receipts from sales of food for human consumption that is to be consumed off the premises where it is sold (other than alcoholic beverages, soft drinks and food that has been prepared for immediate consumption) and prescription and nonprescription medicines, drugs, medical appliances and SB2912 Engrossed - 317 - LRB095 18331 BDD 44415 b insulin, urine testing materials, syringes and needles used by diabetics, and 1% of the gross receipts from other taxable sales made in the course of that business.
In DuPage, Kane, Lake, McHenry, and Will Counties, the tax rate shall be 1/4% of the gross receipts from all taxable sales made in the course of that business.
In DuPage, Kane, Lake, McHenry, and Will Counties, the tax rate shall be 0.75% of the gross receipts from all taxable sales made in the course of that business.
In the administration of, and compliance with this Section, the Department and persons who are subject to this Section shall have the same rights, remedies, privileges, immunities, powers and duties, and be subject to the same conditions, restrictions, limitations, penalties, exclusions, exemptions and definitions of terms, and employ the same modes of procedure, as are prescribed in Sections 1, 1a, 1a-1, 1c, 1d, 1e, 1f, 1i, 1j, 2 through 2-65 (in respect to all provisions therein other than the State rate of tax), 2c, 3 SB2912 - 323 - LRB095 18331 BDD 44415 b (except as to the disposition of taxes and penalties collected), 4, 5, 5a, 5b, 5c, 5d, 5e, 5f, 5g, 5h, 5i, 5j, 5k, 5l, 6, 6a, 6b, 6c, 7, 8, 9, 10, 11, 12 and 13 of the Retailers’ Occupation Tax Act and Section 3-7 of the Uniform Penalty and Interest Act, as fully as if those provisions were set forth herein.
In the administration of, and compliance with this Section, the Department and persons who are subject to this Section shall have the same rights, remedies, privileges, immunities, powers and duties, and be subject to the same conditions, restrictions, limitations, penalties, exclusions, exemptions and definitions of terms, and employ the same modes of procedure, as are prescribed in Sections 1, 1a, 1a-1, 1c, 1d, 1e, 1f, 1i, 1j, 2 through 2-65 (in respect to all provisions therein other than the State rate of tax), 2c, 3 (except as to the disposition of taxes and penalties collected), 4, 5, 5a, 5b, 5c, 5d, 5e, 5f, 5g, 5h, 5i, 5j, 5k, 5l, 6, 6a, 6b, 6c, 7, 8, 9, 10, 11, 12 and 13 of the Retailers’ Occupation Tax Act and Section 3-7 of the Uniform Penalty and Interest Act, as fully SB2912 Engrossed - 318 - LRB095 18331 BDD 44415 b as if those provisions were set forth herein.
For the purpose of determining whether a tax authorized under this Section is applicable, a retail sale by a producer of coal or other mineral mined in Illinois, is a sale at retail SB2912 - 324 - LRB095 18331 BDD 44415 b at the place where the coal or other mineral mined in Illinois is extracted from the earth.
For the purpose of determining whether a tax authorized under this Section is applicable, a retail sale by a producer of coal or other mineral mined in Illinois, is a sale at retail at the place where the coal or other mineral mined in Illinois is extracted from the earth.
This paragraph does not apply to coal or other mineral when it is delivered or shipped by the seller to the purchaser at a point outside Illinois so that the sale is exempt under the Federal Constitution as a sale in interstate or foreign commerce.
This paragraph does not apply to coal or other mineral when it is delivered or shipped by the seller to the purchaser at a point outside Illinois so that the sale is exempt under the Federal Constitution as a sale in SB2912 Engrossed - 319 - LRB095 18331 BDD 44415 b interstate or foreign commerce.
(1) 1% of the serviceman’s cost price of food prepared for immediate consumption and transferred incident to a sale of service subject to the service occupation SB2912 - 325 - LRB095 18331 BDD 44415 b tax by an entity licensed under the Hospital Licensing Act or the Nursing Home Care Act that is located in the metropolitan region;
(1) 1.25% of the serviceman’s cost price of food prepared for immediate consumption and transferred incident to a sale of service subject to the service occupation tax by an entity licensed under the Hospital Licensing Act or the Nursing Home Care Act that is located in the metropolitan region;
(2) 1% of the selling price of food for human consumption that is to be consumed off the premises where it is sold (other than alcoholic beverages, soft drinks and food that has been prepared for immediate consumption) and prescription and nonprescription medicines, drugs, medical appliances, modifications to a motor vehicle for the purpose of rendering it usable by a disabled person, and insulin, urine testing materials, syringes and needles used by diabetics;
(2) 1.25% of the selling price of food for human consumption that is to be consumed off the premises where it is sold (other than alcoholic beverages, soft drinks and food that SB2912 Engrossed - 320 - LRB095 18331 BDD 44415 b has been prepared for immediate consumption) and prescription and nonprescription medicines, drugs, medical appliances and insulin, urine testing materials, syringes and needles used by diabetics;
and (3) 3/4% of the selling price from other taxable sales of tangible personal property transferred.
and (3) 1% of the selling price from other taxable sales of tangible personal property transferred.
In DuPage, Kane, Lake, McHenry and Will Counties the rate shall be 1/4% of the selling price of all tangible personal property transferred.
In DuPage, Kane, Lake, McHenry and Will Counties the rate shall be 0.75% of the selling price of all tangible personal property transferred.
In the administration of and compliance with this paragraph, the Department and persons who are subject to this paragraph shall have the same rights, remedies, privileges, immunities, powers and duties, and be subject to SB2912 - 326 - LRB095 18331 BDD 44415 b the same conditions, restrictions, limitations, penalties, exclusions, exemptions and definitions of terms, and employ the same modes of procedure, as are prescribed in Sections 1a-1, 2, 2a, 3 through 3-50 (in respect to all provisions therein other than the State rate of tax), 4 (except that the reference to the State shall be to the Authority), 5, 7, 8 (except that the jurisdiction to which the tax shall be a debt to the extent indicated in that Section 8 shall be the Authority), 9 (except as to the disposition of taxes and penalties collected, and except that the returned merchandise credit for this tax may not be taken against any State tax), 10, 11, 12 (except the reference therein to Section 2b of the Retailers’ Occupation Tax Act), 13 (except that any reference to the State shall mean the Authority), the first paragraph of Section 15, 16, 17, 18, 19 and 20 of the Service Occupation Tax Act and Section 3-7 of the Uniform Penalty and Interest Act, as fully as if those provisions were set forth herein.
In the administration of and compliance with this paragraph, the Department and persons who are subject to this paragraph shall have the same rights, remedies, privileges, immunities, powers and duties, and be subject to the same conditions, restrictions, limitations, penalties, exclusions, exemptions and definitions of terms, and employ the same modes of procedure, as are prescribed in Sections 1a-1, 2, 2a, 3 through 3-50 (in respect to all provisions therein other than the State rate of tax), 4 (except that the reference to the State shall be to the Authority), 5, 7, 8 (except that the SB2912 Engrossed - 321 - LRB095 18331 BDD 44415 b jurisdiction to which the tax shall be a debt to the extent indicated in that Section 8 shall be the Authority), 9 (except as to the disposition of taxes and penalties collected, and except that the returned merchandise credit for this tax may not be taken against any State tax), 10, 11, 12 (except the reference therein to Section 2b of the Retailers’ Occupation Tax Act), 13 (except that any reference to the State shall mean the Authority), the first paragraph of Section 15, 16, 17, 18, 19 and 20 of the Service Occupation Tax Act and Section 3-7 of the Uniform Penalty and Interest Act, as fully as if those provisions were set forth herein.
Whenever the Department determines that a refund should be made under this paragraph to a claimant instead of issuing a SB2912 - 327 - LRB095 18331 BDD 44415 b credit memorandum, the Department shall notify the State Comptroller, who shall cause the warrant to be drawn for the amount specified, and to the person named in the notification from the Department.
Whenever the Department determines that a refund should be made under this paragraph to a claimant instead of issuing a credit memorandum, the Department shall notify the State Comptroller, who shall cause the warrant to be drawn for the amount specified, and to the person named in the notification from the Department.
Nothing in this paragraph shall be construed to authorize the Authority to impose a tax upon the privilege of engaging in any business that under the Constitution of the United States may not be made the subject of taxation by the State.
SB2912 Engrossed - 322 - LRB095 18331 BDD 44415 b Nothing in this paragraph shall be construed to authorize the Authority to impose a tax upon the privilege of engaging in any business that under the Constitution of the United States may not be made the subject of taxation by the State.
In Cook County the tax rate shall be 3/4% of the selling price of the tangible personal property, as "selling price" is defined in the Use Tax Act.
In Cook County the tax rate shall be 1% of the selling price of the tangible personal property, as "selling price" is defined in the Use Tax Act.
In DuPage, Kane, Lake, McHenry and Will counties the tax rate shall be 1/4% of the selling price of the tangible personal property, as "selling price" is defined in the Use Tax Act.
In DuPage, Kane, Lake, McHenry and Will counties the tax rate shall be 0.75% of the selling price of the tangible personal property, as "selling price" is defined in the Use Tax Act.
The tax must be paid to the State, or an exemption SB2912 - 328 - LRB095 18331 BDD 44415 b determination must be obtained from the Department of Revenue, before the title or certificate of registration for the property may be issued.
The tax must be paid to the State, or an exemption determination must be obtained from the Department of Revenue, before the title or certificate of registration for the property may be issued.
The tax or proof of exemption may be transmitted to the Department by way of the State agency with which, or the State officer with whom, the tangible personal property must be titled or registered if the Department and the State agency or State officer determine that this procedure will expedite the processing of applications for title or registration.
The tax or proof of exemption may be transmitted to the Department by way of the State agency with which, or the State officer with whom, the tangible personal property must be titled or registered if the Department and the SB2912 Engrossed - 323 - LRB095 18331 BDD 44415 b State agency or State officer determine that this procedure will expedite the processing of applications for title or registration.
In the administration of and compliance with this paragraph, the Department and persons who are subject to this paragraph shall have the same rights, remedies, privileges, immunities, powers and duties, and be subject to the same conditions, restrictions, limitations, penalties, exclusions, exemptions and definitions of terms and employ the same modes of procedure, as are prescribed in Sections 2 (except the definition of "retailer maintaining a place of business in this State"), 3 through 3-80 (except provisions pertaining to the State rate of tax, and except provisions concerning collection or refunding of the tax by retailers), 4, 11, 12, 12a, 14, 15, SB2912 - 329 - LRB095 18331 BDD 44415 b 19 (except the portions pertaining to claims by retailers and except the last paragraph concerning refunds), 20, 21 and 22 of the Use Tax Act, and are not inconsistent with this paragraph, as fully as if those provisions were set forth herein.
In the administration of and compliance with this paragraph, the Department and persons who are subject to this paragraph shall have the same rights, remedies, privileges, immunities, powers and duties, and be subject to the same conditions, restrictions, limitations, penalties, exclusions, exemptions and definitions of terms and employ the same modes of procedure, as are prescribed in Sections 2 (except the definition of "retailer maintaining a place of business in this State"), 3 through 3-80 (except provisions pertaining to the State rate of tax, and except provisions concerning collection or refunding of the tax by retailers), 4, 11, 12, 12a, 14, 15, 19 (except the portions pertaining to claims by retailers and except the last paragraph concerning refunds), 20, 21 and 22 of the Use Tax Act, and are not inconsistent with this paragraph, as fully as if those provisions were set forth herein.
Whenever the Department determines that a refund should be made under this paragraph to a claimant instead of issuing a credit memorandum, the Department shall notify the State Comptroller, who shall cause the order to be drawn for the amount specified, and to the person named in the notification from the Department.
Whenever the Department determines that a refund should be made under this paragraph to a claimant instead of issuing a SB2912 Engrossed - 324 - LRB095 18331 BDD 44415 b credit memorandum, the Department shall notify the State Comptroller, who shall cause the order to be drawn for the amount specified, and to the person named in the notification from the Department.
On or before the 25th day of each calendar month, SB2912 - 330 - LRB095 18331 BDD 44415 b the Department shall prepare and certify to the Comptroller the disbursement of stated sums of money to the Authority.
On or before the 25th day of each calendar month, the Department shall prepare and certify to the Comptroller the disbursement of stated sums of money to the Authority.
Within 10 days after receipt by the Comptroller of the disbursement certification to the Authority provided for in this Section to be given to the Comptroller by the Department, the Comptroller shall cause the orders to be drawn for that amount in accordance with the directions contained in the certification.
Within 10 days SB2912 Engrossed - 325 - LRB095 18331 BDD 44415 b after receipt by the Comptroller of the disbursement certification to the Authority provided for in this Section to be given to the Comptroller by the Department, the Comptroller shall cause the orders to be drawn for that amount in accordance with the directions contained in the certification.
(k) The provisions of any tax imposed under paragraph (c) of this Section shall conform as closely as may be practicable to the provisions of the Use Tax Act, including without limitation conformity as to penalties with respect to the tax SB2912 - 331 - LRB095 18331 BDD 44415 b imposed and as to the powers of the State Department of Revenue to promulgate and enforce rules and regulations relating to the administration and enforcement of the provisions of the tax imposed.
(k) The provisions of any tax imposed under paragraph (c) of this Section shall conform as closely as may be practicable to the provisions of the Use Tax Act, including without limitation conformity as to penalties with respect to the tax imposed and as to the powers of the State Department of Revenue to promulgate and enforce rules and regulations relating to the administration and enforcement of the provisions of the tax imposed.
(l) The Board in imposing any tax as provided in paragraphs (b) and (c) of this Section, shall, after seeking the advice of the State Department of Revenue, provide means for retailers, users or purchasers of motor fuel for purposes other than those with regard to which the taxes may be imposed as provided in those paragraphs to receive refunds of taxes improperly paid, which provisions may be at variance with the refund provisions as applicable under the Municipal Retailers Occupation Tax Act.
(l) The Board in imposing any tax as provided in paragraphs SB2912 Engrossed - 326 - LRB095 18331 BDD 44415 b (b) and (c) of this Section, shall, after seeking the advice of the State Department of Revenue, provide means for retailers, users or purchasers of motor fuel for purposes other than those with regard to which the taxes may be imposed as provided in those paragraphs to receive refunds of taxes improperly paid, which provisions may be at variance with the refund provisions as applicable under the Municipal Retailers Occupation Tax Act.
Beginning January 1, 1992, an ordinance or resolution imposing SB2912 - 332 - LRB095 18331 BDD 44415 b or discontinuing the tax hereunder shall be adopted and a certified copy thereof filed with the Department on or before the first day of July, whereupon the Department shall proceed to administer and enforce this Section as of the first day of October next following such adoption and filing.
Beginning January 1, 1992, an ordinance or resolution imposing or discontinuing the tax hereunder shall be adopted and a certified copy thereof filed with the Department on or before the first day of July, whereupon the Department shall proceed to administer and enforce this Section as of the first day of October next following such adoption and filing.
Beginning January 1, 1993, an ordinance or resolution imposing or discontinuing the tax hereunder shall be adopted and a certified copy thereof filed with the Department on or before the first day of October, whereupon the Department shall proceed to administer and enforce this Section as of the first day of January next following such adoption and filing.
Beginning January 1, 1993, an ordinance or resolution imposing, SB2912 Engrossed - 327 - LRB095 18331 BDD 44415 b increasing, decreasing, or discontinuing the tax hereunder shall be adopted and a certified copy thereof filed with the Department, whereupon the Department shall proceed to administer and enforce this Section as of the first day of the first month to occur not less than 60 days following such adoption and filing.
Any ordinance or resolution of the Authority imposing a tax under this Section and in effect on August 1, 2007 shall remain in full force and effect and shall be administered by the Department of Revenue under the terms and conditions and rates of tax established by such ordinance or resolution until the Department begins administering and enforcing an increased tax under this Section as authorized by this amendatory Act of the 95th General Assembly.
The tax rates authorized by this amendatory Act of the 95th General Assembly are effective only if imposed by ordinance of the Authority.
On or before the 25th day of each calendar month, the State Department of Revenue shall prepare and certify to the Comptroller of the State of Illinois the amount to be paid to the Authority, which shall be the then balance in the fund, less any amount determined by the Department to be necessary for the payment of refunds.
On or before the 25th day of each calendar month, the State Department of Revenue shall prepare and certify to the Comptroller of the State of Illinois and to the Authority (i) the amount of taxes collected in each County other than Cook County in the metropolitan region, (ii) the amount of taxes collected within the City of Chicago, and (iii) the amount collected in that portion of Cook County outside of Chicago, SB2912 Engrossed - 328 - LRB095 18331 BDD 44415 b each amount less the amount necessary for the payment of refunds to taxpayers located in those areas described in items (i), (ii), and (iii).
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Action History

  1. Session Sine Die

  2. Referred to Rules Committee

  3. First Reading

  4. Chief House Sponsor Rep. John E. Bradley

  5. Placed on Calendar Order of First Reading

  6. Arrived in House

  7. Senate Floor Amendment No. 1 Tabled Pursuant to Rule 5-4(a)

  8. Third Reading - Passed; 054-000-000

  9. Placed on Calendar Order of 3rd Reading

  10. Senate Floor Amendment No. 2 Adopted; Noland

  11. Recalled to Second Reading

  12. Senate Floor Amendment No. 2 Recommend Do Adopt Revenue; 008-000-000

  13. Senate Floor Amendment No. 2 Rules Refers to Revenue

  14. Senate Floor Amendment No. 2 Referred to Rules

  15. Senate Floor Amendment No. 2 Filed with Secretary by Sen. Michael Noland

  16. Senate Floor Amendment No. 1 Referred to Rules

  17. Senate Floor Amendment No. 1 Filed with Secretary by Sen. Chris Lauzen

  18. Placed on Calendar Order of 3rd Reading April 2, 2008

  19. Second Reading

  20. Placed on Calendar Order of 2nd Reading April 1, 2008

  21. Do Pass Revenue; 006-003-000

  22. Assigned to Revenue

  23. Referred to Rules

  24. First Reading

  25. Filed with Secretary by Sen. Michael Noland

Sponsors

  • Michael Noland · Cosponsor

Sponsorship breakdown

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0 sponsors · 1 co-sponsors · 182 not signed on

Sponsors (0)

None.

Co-sponsors (1)

  • Michael Noland

Not signed on (182)

182 members have not signed on to this bill.

Show all 182 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

Third Reading

Passed 54 Yea · 0 Nay · 5 Other
Party YeaNayPresentNot Voting
Unaffiliated 45004
Democrat 9000
Republican 0001
Total 54005
% of votes cast 92%0%0%8%
How each member voted (59)
Member Party Vote
Haine — Yea
Halvorson — Yea
Lauzen — Yea
Link — Yea
Luechtefeld — Yea
Meeks — Yea
Steans — Yea
Brady — Yea
Clayborne — Yea
Dillard — Yea
Forby — Yea
Frerichs — Yea
Garrett — Yea
Sullivan — Yea
Kotowski — Yea
Munoz — Yea
Cullerton — Yea
Watson — Yea
Jacobs — Yea
Jones, J. — Yea
Millner — Yea
Demuzio — Yea
Noland — Yea
Radogno — Yea
Schoenberg — Not Voting
Trotter — Yea
Viverito — Not Voting
Wilhelmi — Yea
Cronin — Yea
Crotty — Yea
Dahl — Yea
DeLeo — Yea
Hendon — Yea
Hultgren — Yea
Pankau — Yea
Peterson — Not Voting
Raoul — Yea
Righter — Yea
Risinger — Yea
Rutherford — Yea
Sandoval — Not Voting
Silverstein — Yea
Maloney — Yea
Althoff — Yea
Martinez — Yea
Bivins — Yea
Bomke — Yea
Bond — Yea
Burzynski — Yea
David Koehler Democrat Yea
Don Harmon Democrat Yea
Emil Jones, III Democrat Yea
Eva-Dina Delgado Democrat Yea
Kimberly A. Lightford Democrat Yea
Lakesia Collins Democrat Yea
Laura M. Murphy Democrat Yea
Linda Holmes Democrat Yea
Mattie Hunter Democrat Yea
Dave Syverson Republican Not Voting

Official roll call →

Subjects

taxation
Cross-referencing the record. Reading this bill against every other bill in the corpus by meaning, not keywords. Only the first open is slow. It’s instant for you after this. Matching · Ranking · Engrossing

Frequently asked questions

What does SB 2912 do?
Amends the Department of Revenue Law of the Civil Administrative Code of Illinois to provide that, if the Department determines that an overpayment has occurred on an original return filed under specified tax Acts, it shall issue a credit memorandum to the taxpayer without the necessity of the taxpayer filing a claim for credit. Amends Illinois State Collection Act of 1986 to remove provisions concerning the Debt Collection Board and makes conforming changes in the Illinois Procurement Code. Amends the Illinois Income Tax Act to (i) include a tax credit to a taxpayer who was required to add back insurance premiums in the amount equal to the amount of any reimbursement received from the insurance company for any loss covered by a policy for which those premiums were paid, to the extent of the federal income tax deduction that would have been allowable for the loss in computing adjusted gross income if not for the reimbursement and (ii) make various administrative and technical changes. Amends various Acts governing units of local governments to exempt the sale of modifications to a motor vehicle for the purpose of rendering it usable by a disabled person from certain taxes imposed by the units of local government. Makes other changes. Effective immediately.
Who sponsors SB 2912?
SB 2912 is sponsored by Michael Noland.
What is the current status of SB 2912?
This bill died with 95th Regular Session. It reached “Passed Senate” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
Where can I track SB 2912?
Track SB 2912 free on One Click Politics — get push/email alerts when it moves.

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