HB 160 — ROAD FUND-USE/OCC TAX

The Department shall change such taxpayer'staxpayer’s reporting status unless it finds that such change is seasonal in nature and not likely to be long term.

If any such payment provided for in this Section exceeds the taxpayer'staxpayer’s liabilities under this Act, the Retailers'Retailers’ Occupation Tax Act, the Service Occupation Tax Act and the HB0160 Engrossed - 13 - LRB095 03354 BDD 23358 b Service Use Tax Act, as shown by an original monthly return, the Department shall issue to the taxpayer a credit memorandum no later than 30 days after the date of payment, which memorandum may be submitted by the taxpayer to the Department in payment of tax liability subsequently to be remitted by the taxpayer to the Department or be assigned by the taxpayer to a similar taxpayer under this Act, the Retailers'Retailers’ Occupation Tax Act, the Service Occupation Tax Act or the Service Use Tax Act, in accordance with reasonable rules and regulations to be prescribed by the Department, except that if such excess payment is shown on an original monthly return and is made after December 31, 1986, no credit memorandum shall be issued, unless requested by the taxpayer.

If no such request is made, the taxpayer may credit such excess payment against tax liability subsequently to be remitted by the taxpayer to the Department under this Act, the Retailers'Retailers’ Occupation Tax Act, the Service Occupation Tax Act or the Service Use Tax Act, in accordance with reasonable rules and regulations prescribed by the Department.

If the Department subsequently determines that all or any part of the credit taken was not actually due to the taxpayer, the taxpayer'staxpayer’s 2.1% or 1.75% vendor'svendor’s discount shall be reduced by 2.1% or 1.75% of the difference between the credit taken and that actually due, and the taxpayer shall be liable for penalties and interest on such difference.

If the retailer is otherwise required to file a monthly return and if the retailer'sretailer’s average monthly tax liability to HB0160 Engrossed - 14 - LRB095 03354 BDD 23358 b the Department does not exceed $200, the Department may authorize his returns to be filed on a quarter annual basis, with the return for January, February, and March of a given year being due by April 20 of such year;

If the retailer is otherwise required to file a monthly or quarterly return and if the retailer'sretailer’s average monthly tax liability to the Department does not exceed $50, the Department may authorize his returns to be filed on an annual basis, with the return for a given year being due by January 20 of the following year.

In addition, with respect to motor vehicles, watercraft, HB0160 Engrossed - 15 - LRB095 03354 BDD 23358 b aircraft, and trailers that are required to be registered with an agency of this State, every retailer selling this kind of tangible personal property shall file, with the Department, upon a form to be prescribed and supplied by the Department, a separate return for each such item of tangible personal property which the retailer sells, except that if, in the same transaction, (i) a retailer of aircraft, watercraft, motor vehicles or trailers transfers more than one aircraft, watercraft, motor vehicle or trailer to another aircraft, watercraft, motor vehicle or trailer retailer for the purpose of resale or (ii) a retailer of aircraft, watercraft, motor vehicles, or trailers transfers more than one aircraft, watercraft, motor vehicle, or trailer to a purchaser for use as a qualifying rolling stock as provided in Section 3-55 of this Act, then that seller may report the transfer of all the aircraft, watercraft, motor vehicles or trailers involved in that transaction to the Department on the same uniform invoice-transaction reporting return form.

The transaction reporting return in the case of motor vehicles or trailers that are required to be registered with an agency of this State, shall be the same document as the Uniform Invoice referred to in Section 5-402 of the Illinois Vehicle HB0160 Engrossed - 16 - LRB095 03354 BDD 23358 b Code and must show the name and address of the seller;

HB0160 Engrossed - 17 - LRB095 03354 BDD 23358 b the amount of tax due from the retailer with respect to such transaction;

With each such transaction reporting return, the retailer shall remit the proper amount of tax due (or shall submit satisfactory evidence that the sale is not taxable if that is the case), to the Department or its agents, whereupon the Department shall issue, in the purchaser'spurchaser’s name, a tax receipt (or a certificate of exemption if the Department is satisfied that the particular sale is tax exempt) which such purchaser HB0160 Engrossed - 18 - LRB095 03354 BDD 23358 b may submit to the agency with which, or State officer with whom, he must title or register the tangible personal property that is involved (if titling or registration is required) in support of such purchaser'spurchaser’s application for an Illinois certificate or other evidence of title or registration to such tangible personal property.

No retailer'sretailer’s failure or refusal to remit tax under this Act precludes a user, who has paid the proper tax to the retailer, from obtaining his certificate of title or other evidence of title or registration (if titling or registration is required) upon satisfying the Department that such user has paid the proper tax (if tax is due) to the retailer.

If the user who would otherwise pay tax to the retailer wants the transaction reporting return filed and the payment of tax or proof of exemption made to the Department before the retailer is willing to take these actions and such user has not paid the tax to the retailer, such user may certify to the fact of such delay by the retailer, and may (upon the Department being satisfied of the truth of such certification) transmit the information required by the transaction reporting return and the remittance for tax or proof of exemption directly to the Department and obtain his tax receipt or exemption determination, in which event the transaction reporting return and tax remittance (if a tax payment was required) shall be HB0160 Engrossed - 19 - LRB095 03354 BDD 23358 b credited by the Department to the proper retailer'sretailer’s account with the Department, but without the 2.1% or 1.75% discount provided for in this Section being allowed.

Any retailer filing a return under this Section shall also include (for the purpose of paying tax thereon) the total tax covered by such return upon the selling price of tangible personal property purchased by him at retail from a retailer, HB0160 Engrossed - 20 - LRB095 03354 BDD 23358 b but as to which the tax imposed by this Act was not collected from the retailer filing such return, and such retailer shall remit the amount of such tax to the Department when filing such return.

If experience indicates such action to be practicable, the Department may prescribe and furnish a combination or joint return which will enable retailers, who are required to file returns hereunder and also under the Retailers'Retailers’ Occupation Tax Act, to furnish all the return information required by both Acts on the one form.

Beginning January 1, 1990, each month the Department shall HB0160 Engrossed - 21 - LRB095 03354 BDD 23358 b pay into the County and Mass Transit District Fund 4% of the net revenue realized for the preceding month from the 6.25% general rate on the selling price of tangible personal property which is purchased outside Illinois at retail from a retailer and which is titled or registered by an agency of this State'sState’s government.

Beginning January 1, 1990, each month the Department shall pay into the State and Local Sales Tax Reform Fund, a special fund in the State Treasury, 20% of the net revenue realized for the preceding month from the 6.25% general rate on the selling price of tangible personal property, other than tangible personal property which is purchased outside Illinois at retail from a retailer and which is titled or registered by an agency of this State'sState’s government.

Beginning January 1, 1990, each month the Department shall pay into the Local Government Tax Fund 16% of the net revenue realized for the preceding month from the 6.25% general rate on the selling price of tangible personal property which is purchased outside Illinois at retail from a retailer and which is titled or registered by an agency of this State'sState’s government.

Beginning on August 1, 2007 and continuing through July 31, HB0160 Engrossed - 22 - LRB095 03354 BDD 23358 b 2009, each month the Department shall pay into the Road Fund 35% of the net revenue realized for the preceding month from the 6.25% rate on the selling price of motor fuel and gasohol.

provided, however, that if in any fiscal year the sum of (1) the aggregate of 2.2% or 3.8%, as the case may be, of the moneys received by the Department and required to be paid into the Build Illinois Fund pursuant to Section 3 of the Retailers'Retailers’ Occupation Tax Act, Section 9 of the Use Tax Act, Section 9 of the Service Use Tax Act, and Section 9 of the Service Occupation Tax Act, such Acts being hereinafter called the "Tax Acts" and such aggregate of 2.2% or 3.8%, as the case may be, of moneys being hereinafter called the "Tax Act Amount", and (2) the amount transferred to the Build Illinois Fund from the State and Local Sales Tax Reform Fund shall be less than the Annual Specified Amount (as defined in Section 3 of the Retailers'Retailers’ Occupation Tax Act), an amount equal to the difference shall be immediately paid into the Build Illinois Fund from other moneys received by the Department pursuant to the Tax Acts;

and further provided, that if on the last business day of any month the sum of (1) the Tax Act Amount required to be deposited into the Build Illinois Bond Account in the Build Illinois Fund during such month and (2) the amount HB0160 Engrossed - 23 - LRB095 03354 BDD 23358 b transferred during such month to the Build Illinois Fund from the State and Local Sales Tax Reform Fund shall have been less than 1/12 of the Annual Specified Amount, an amount equal to the difference shall be immediately paid into the Build Illinois Fund from other moneys received by the Department pursuant to the Tax Acts;

and, further provided, that the amounts payable into the Build Illinois Fund under this clause (b) shall be payable only until such time as the aggregate amount on deposit under each trust indenture securing Bonds issued and outstanding pursuant to the Build Illinois Bond Act is sufficient, taking into account any future investment income, to fully provide, in accordance with such indenture, for the defeasance of or the payment of the principal of, premium, if any, and interest on the Bonds secured by such indenture and on any Bonds expected to be issued thereafter and all fees and costs payable with respect thereto, all as certified by the Director of the Bureau of the Budget (now Governor'sGovernor’s Office of Management and Budget).

If on the last business day of any month in which Bonds are outstanding pursuant to the Build Illinois Bond Act, the aggregate of the moneys deposited in the Build Illinois Bond HB0160 Engrossed - 24 - LRB095 03354 BDD 23358 b Account in the Build Illinois Fund in such month shall be less than the amount required to be transferred in such month from the Build Illinois Bond Account to the Build Illinois Bond Retirement and Interest Fund pursuant to Section 13 of the Build Illinois Bond Act, an amount equal to such deficiency shall be immediately paid from other moneys received by the Department pursuant to the Tax Acts to the Build Illinois Fund;

Subject to payment of amounts into the Build Illinois Fund as provided in the preceding paragraph or in any amendment thereto hereafter enacted, the following specified monthly installment of the amount requested in the certificate of the Chairman of the Metropolitan Pier and Exposition Authority provided under Section 8.25f of the State Finance Act, but not in excess of the sums designated as "Total Deposit", shall be deposited in the aggregate from collections under Section 9 of the Use Tax Act, Section 9 of the Service Use Tax Act, Section 9 of the Service Occupation Tax Act, and Section 3 of the HB0160 Engrossed - 25 - LRB095 03354 BDD 23358 b Retailers'Retailers’ Occupation Tax Act into the McCormick Place Expansion Project Fund in the specified fiscal years.

Total Fiscal Year Deposit 1993 $0         $0 1994 53,000,000 1995 58,000,000 1996 61,000,000 1997 64,000,000 1998 68,000,000 1999 71,000,000 2000 75,000,000 2001 80,000,000 2002 93,000,000 2003 99,000,000 2004 103,000,000 2005 108,000,000 2006 113,000,000 2007 119,000,000 2008 126,000,000 2009 132,000,000 2010 139,000,000 2011 146,000,000 2012 153,000,000 2013 161,000,000 2014 170,000,000 HB0160 Engrossed - 26 - LRB095 03354 BDD 23358 b 2015 179,000,000 2016 189,000,000 2017 199,000,000 2018 210,000,000 2019 221,000,000 2020 233,000,000 2021 246,000,000 2022 260,000,000 2023 and 275,000,000 each fiscal year thereafter that bonds are outstanding under Section 13.2 of the Metropolitan Pier and Exposition Authority Act, but not after fiscal year 2042.

Beginning July 20, 1993 and in each month of each fiscal year thereafter, one-eighth of the amount requested in the certificate of the Chairman of the Metropolitan Pier and Exposition Authority for that fiscal year, less the amount deposited into the McCormick Place Expansion Project Fund by the State Treasurer in the respective month under subsection (g) of Section 13 of the Metropolitan Pier and Exposition Authority Act, plus cumulative deficiencies in the deposits required under this Section for previous months and years, shall be deposited into the McCormick Place Expansion Project HB0160 Engrossed - 27 - LRB095 03354 BDD 23358 b Fund, until the full amount requested for the fiscal year, but not in excess of the amount specified above as "Total Deposit", has been deposited.

Of the remainder of the moneys received by the Department pursuant to this Act, 75% thereof shall be paid into the State HB0160 Engrossed - 28 - LRB095 03354 BDD 23358 b Treasury and 25% shall be reserved in a special account and used only for the transfer to the Common School Fund as part of the monthly transfer from the General Revenue Fund in accordance with Section 8a of the State Finance Act.

HB0160 Engrossed - 29 - LRB095 03354 BDD 23358 b (35 ILCS 110/9) (from Ch.

If so required, a return for each calendar quarter shall be filed on or before the twentieth day of the HB0160 Engrossed - 30 - LRB095 03354 BDD 23358 b calendar month following the end of such calendar quarter.

Beginning October 1, 1994, a taxpayer who has an average monthly tax liability of $100,000 or more shall make HB0160 Engrossed - 31 - LRB095 03354 BDD 23358 b all payments required by rules of the Department by electronic funds transfer.

The term "annual tax liability" shall be the sum of the taxpayer'staxpayer’s liabilities under this Act, and under all other State and local occupation and use tax laws administered by the Department, for the immediately preceding calendar year.

The term "average monthly tax liability" means the sum of the taxpayer'staxpayer’s liabilities under this Act, and under all other State and local occupation and use tax laws administered by the Department, for the immediately preceding calendar year divided by 12.

Any taxpayer not required to make payments by electronic HB0160 Engrossed - 32 - LRB095 03354 BDD 23358 b funds transfer may make payments by electronic funds transfer with the permission of the Department.

If the serviceman is otherwise required to file a monthly return and if the serviceman'sserviceman’s average monthly tax liability to the Department does not exceed $200, the Department may authorize his returns to be filed on a quarter annual basis, with the return for January, February and March of a given year being due by April 20 of such year;

If the serviceman is otherwise required to file a monthly or quarterly return and if the serviceman'sserviceman’s average monthly tax liability to the Department does not exceed $50, the Department may authorize his returns to be filed on an annual basis, with the return for a given year being due by January 20 of the following year.

HB0160 Engrossed - 33 - LRB095 03354 BDD 23358 b Such quarter annual and annual returns, as to form and substance, shall be subject to the same requirements as monthly returns.

When filing his return for the period in which he refunds such tax to the purchaser, the serviceman may deduct the amount of the tax so refunded by him to the purchaser from any other Service Use Tax, Service Occupation Tax, retailers'retailers’ occupation tax or use tax which such serviceman may be required to pay or remit to the Department, as shown by such return, provided that the amount of the tax to be deducted shall previously have been remitted to the Department by such serviceman.

If the serviceman shall not previously have remitted the amount of such tax to the Department, he shall be entitled to no deduction hereunder upon refunding such tax to HB0160 Engrossed - 34 - LRB095 03354 BDD 23358 b the purchaser.

Beginning January 1, 1990, each month the Department shall pay into the State and Local Tax Reform Fund, a special fund in the State Treasury, the net revenue realized for the preceding month from the 1% tax on 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 and insulin, urine testing materials, syringes and needles used by HB0160 Engrossed - 35 - LRB095 03354 BDD 23358 b diabetics.

Beginning January 1, 1990, each month the Department shall pay into the State and Local Sales Tax Reform Fund 20% of the net revenue realized for the preceding month from the 6.25% general rate on transfers of tangible personal property, other than tangible personal property which is purchased outside Illinois at retail from a retailer and which is titled or registered by an agency of this State'sState’s government.

provided, however, that if in any fiscal year the sum of (1) the aggregate of 2.2% or 3.8%, as the case may be, of the moneys received by the Department and required to be paid into the Build Illinois Fund pursuant to Section 3 of the Retailers'Retailers’ Occupation Tax Act, Section 9 of the Use Tax Act, Section 9 of the Service Use Tax Act, and Section 9 of the HB0160 Engrossed - 36 - LRB095 03354 BDD 23358 b Service Occupation Tax Act, such Acts being hereinafter called the "Tax Acts" and such aggregate of 2.2% or 3.8%, as the case may be, of moneys being hereinafter called the "Tax Act Amount", and (2) the amount transferred to the Build Illinois Fund from the State and Local Sales Tax Reform Fund shall be less than the Annual Specified Amount (as defined in Section 3 of the Retailers'Retailers’ Occupation Tax Act), an amount equal to the difference shall be immediately paid into the Build Illinois Fund from other moneys received by the Department pursuant to the Tax Acts;

and, further provided, that the amounts payable into the Build Illinois Fund under this clause (b) shall be payable only until such time as the HB0160 Engrossed - 37 - LRB095 03354 BDD 23358 b aggregate amount on deposit under each trust indenture securing Bonds issued and outstanding pursuant to the Build Illinois Bond Act is sufficient, taking into account any future investment income, to fully provide, in accordance with such indenture, for the defeasance of or the payment of the principal of, premium, if any, and interest on the Bonds secured by such indenture and on any Bonds expected to be issued thereafter and all fees and costs payable with respect thereto, all as certified by the Director of the Bureau of the Budget (now Governor'sGovernor’s Office of Management and Budget).

The moneys received by the Department HB0160 Engrossed - 38 - LRB095 03354 BDD 23358 b pursuant to this Act and required to be deposited into the Build Illinois Fund are subject to the pledge, claim and charge set forth in Section 12 of the Build Illinois Bond Act.

Subject to payment of amounts into the Build Illinois Fund as provided in the preceding paragraph or in any amendment thereto hereafter enacted, the following specified monthly installment of the amount requested in the certificate of the Chairman of the Metropolitan Pier and Exposition Authority provided under Section 8.25f of the State Finance Act, but not in excess of the sums designated as "Total Deposit", shall be deposited in the aggregate from collections under Section 9 of the Use Tax Act, Section 9 of the Service Use Tax Act, Section 9 of the Service Occupation Tax Act, and Section 3 of the Retailers'Retailers’ Occupation Tax Act into the McCormick Place Expansion Project Fund in the specified fiscal years.

Total Fiscal Year Deposit 1993 $0         $0 1994 53,000,000 1995 58,000,000 1996 61,000,000 1997 64,000,000 1998 68,000,000 1999 71,000,000 2000 75,000,000 2001 80,000,000 HB0160 Engrossed - 39 - LRB095 03354 BDD 23358 b 2002 93,000,000 2003 99,000,000 2004 103,000,000 2005 108,000,000 2006 113,000,000 2007 119,000,000 2008 126,000,000 2009 132,000,000 2010 139,000,000 2011 146,000,000 2012 153,000,000 2013 161,000,000 2014 170,000,000 2015 179,000,000 2016 189,000,000 2017 199,000,000 2018 210,000,000 2019 221,000,000 2020 233,000,000 2021 246,000,000 2022 260,000,000 2023 and 275,000,000 each fiscal year thereafter that bonds are outstanding under Section 13.2 of the HB0160 Engrossed - 40 - LRB095 03354 BDD 23358 b Metropolitan Pier and Exposition Authority Act, but not after fiscal year 2042.

Subject to payment of amounts into the Build Illinois Fund and the McCormick Place Expansion Project Fund pursuant to the HB0160 Engrossed - 41 - LRB095 03354 BDD 23358 b preceding paragraphs or in any amendments thereto hereafter enacted, beginning with the receipt of the first report of taxes paid by an eligible business and continuing for a 25-year period, the Department shall each month pay into the Energy Infrastructure Fund 80% of the net revenue realized from the 6.25% general rate on the selling price of Illinois-mined coal that was sold to an eligible business.

5-19-06.) HB0160 Engrossed - 42 - LRB095 03354 BDD 23358 b Section 915.

Except as provided hereinafter in this Section, on or before the twentieth day of each calendar month, such serviceman shall file a return for the preceding calendar month HB0160 Engrossed - 43 - LRB095 03354 BDD 23358 b in accordance with reasonable rules and regulations to be promulgated by the Department of Revenue.

If a taxpayer fails to sign a return within 30 days after the proper notice and demand for signature by the Department, HB0160 Engrossed - 44 - LRB095 03354 BDD 23358 b the return shall be considered valid and any amount shown to be due on the return shall be deemed assessed.

Prior to October 1, 2003, and on and after September 1, 2004 a serviceman may accept a Manufacturer'sManufacturer’s Purchase Credit certification from a purchaser in satisfaction of Service Use Tax as provided in Section 3-70 of the Service Use Tax Act if the purchaser provides the appropriate documentation as required by Section 3-70 of the Service Use Tax Act.

A Manufacturer'sManufacturer’s Purchase Credit certification, accepted prior to October 1, 2003 or on or after September 1, 2004 by a serviceman as provided in Section 3-70 of the Service Use Tax Act, may be used by that serviceman to satisfy Service Occupation Tax liability in the amount claimed in the certification, not to exceed 6.25% of the receipts subject to tax from a qualifying purchase.

A Manufacturer'sManufacturer’s Purchase Credit reported on any original or amended return filed under this Act after October 20, 2003 for reporting periods prior to September 1, 2004 shall be disallowed.

Manufacturer'sManufacturer’s Purchase Credit reported on annual returns due on or after January 1, 2005 will be disallowed for periods prior to September 1, 2004.

No Manufacturer'sManufacturer’s Purchase Credit may be used after September 30, 2003 through August 31, 2004 to satisfy any tax liability imposed under this Act, including any audit liability.

If the serviceman'sserviceman’s average monthly tax liability to the Department does not exceed $200, the Department may authorize his returns to be filed on a quarter annual basis, with the HB0160 Engrossed - 45 - LRB095 03354 BDD 23358 b return for January, February and March of a given year being due by April 20 of such year;

If the serviceman'sserviceman’s average monthly tax liability to the Department does not exceed $50, the Department may authorize his returns to be filed on an annual basis, with the return for a given year being due by January 20 of the following year.

Beginning October 1, 1994, a taxpayer who has an average monthly tax liability of $100,000 or more shall make HB0160 Engrossed - 46 - LRB095 03354 BDD 23358 b all payments required by rules of the Department by electronic funds transfer.

The term "annual tax liability" shall be the sum of the taxpayer'staxpayer’s liabilities under this Act, and under all other State and local occupation and use tax laws administered by the Department, for the immediately preceding calendar year.

The term "average monthly tax liability" means the sum of the taxpayer'staxpayer’s liabilities under this Act, and under all other State and local occupation and use tax laws administered by the Department, for the immediately preceding calendar year divided by 12.

Any taxpayer not required to make payments by electronic HB0160 Engrossed - 47 - LRB095 03354 BDD 23358 b funds transfer may make payments by electronic funds transfer with the permission of the Department.

When filing his return for the period in which he refunds such tax to the purchaser, the serviceman may deduct the amount of the tax so refunded by him to the purchaser from any other Service Occupation Tax, Service Use Tax, Retailers'Retailers’ Occupation Tax or Use Tax which such serviceman may be required to pay or remit to the Department, as shown by such return, provided that the amount of the tax to be deducted shall previously have been remitted to the Department by such serviceman.

HB0160 Engrossed - 48 - LRB095 03354 BDD 23358 b If experience indicates such action to be practicable, the Department may prescribe and furnish a combination or joint return which will enable servicemen, who are required to file returns hereunder and also under the Retailers'Retailers’ Occupation Tax Act, the Use Tax Act or the Service Use Tax Act, to furnish all the return information required by all said Acts on the one form.

Beginning August 1, 2000, each month the Department shall pay into the County and Mass Transit District Fund 20% of the HB0160 Engrossed - 49 - LRB095 03354 BDD 23358 b net revenue realized for the preceding month from the 1.25% rate on the selling price of motor fuel and gasohol.

provided, however, that if in any fiscal year the sum of (1) the aggregate of 2.2% or 3.8%, as the case may be, of the moneys received by the Department and required to be paid into the Build Illinois Fund pursuant to Section 3 of the Retailers'Retailers’ Occupation Tax Act, Section 9 of the Use Tax Act, Section 9 of the Service Use Tax Act, and Section 9 of the Service Occupation Tax Act, such Acts being hereinafter called the "Tax Acts" and such aggregate of 2.2% or 3.8%, as the case HB0160 Engrossed - 50 - LRB095 03354 BDD 23358 b may be, of moneys being hereinafter called the "Tax Act Amount", and (2) the amount transferred to the Build Illinois Fund from the State and Local Sales Tax Reform Fund shall be less than the Annual Specified Amount (as defined in Section 3 of the Retailers'Retailers’ Occupation Tax Act), an amount equal to the difference shall be immediately paid into the Build Illinois Fund from other moneys received by the Department pursuant to the Tax Acts;

and, further provided, that the amounts payable into the Build Illinois Fund under this clause (b) shall be payable only until such time as the aggregate amount on deposit under each trust indenture securing Bonds issued and outstanding pursuant to the Build Illinois HB0160 Engrossed - 51 - LRB095 03354 BDD 23358 b Bond Act is sufficient, taking into account any future investment income, to fully provide, in accordance with such indenture, for the defeasance of or the payment of the principal of, premium, if any, and interest on the Bonds secured by such indenture and on any Bonds expected to be issued thereafter and all fees and costs payable with respect thereto, all as certified by the Director of the Bureau of the Budget (now Governor'sGovernor’s Office of Management and Budget).

The moneys received by the Department pursuant to this Act and required to be deposited into the Build Illinois Fund are subject to the pledge, claim and charge HB0160 Engrossed - 52 - LRB095 03354 BDD 23358 b set forth in Section 12 of the Build Illinois Bond Act.

Subject to payment of amounts into the Build Illinois Fund as provided in the preceding paragraph or in any amendment thereto hereafter enacted, the following specified monthly installment of the amount requested in the certificate of the Chairman of the Metropolitan Pier and Exposition Authority provided under Section 8.25f of the State Finance Act, but not in excess of the sums designated as "Total Deposit", shall be deposited in the aggregate from collections under Section 9 of the Use Tax Act, Section 9 of the Service Use Tax Act, Section 9 of the Service Occupation Tax Act, and Section 3 of the Retailers'Retailers’ Occupation Tax Act into the McCormick Place Expansion Project Fund in the specified fiscal years.

Total Fiscal Year Deposit 1993 $0         $0 1994 53,000,000 1995 58,000,000 1996 61,000,000 1997 64,000,000 1998 68,000,000 1999 71,000,000 2000 75,000,000 2001 80,000,000 2002 93,000,000 2003 99,000,000 HB0160 Engrossed - 53 - LRB095 03354 BDD 23358 b 2004 103,000,000 2005 108,000,000 2006 113,000,000 2007 119,000,000 2008 126,000,000 2009 132,000,000 2010 139,000,000 2011 146,000,000 2012 153,000,000 2013 161,000,000 2014 170,000,000 2015 179,000,000 2016 189,000,000 2017 199,000,000 2018 210,000,000 2019 221,000,000 2020 233,000,000 2021 246,000,000 2022 260,000,000 2023 and 275,000,000 each fiscal year thereafter that bonds are outstanding under Section 13.2 of the Metropolitan Pier and Exposition Authority Act, HB0160 Engrossed - 54 - LRB095 03354 BDD 23358 b but not after fiscal year 2042.

Subject to payment of amounts into the Build Illinois Fund and the McCormick Place Expansion Project Fund pursuant to the preceding paragraphs or in any amendments thereto hereafter enacted, beginning with the receipt of the first report of HB0160 Engrossed - 55 - LRB095 03354 BDD 23358 b taxes paid by an eligible business and continuing for a 25-year period, the Department shall each month pay into the Energy Infrastructure Fund 80% of the net revenue realized from the 6.25% general rate on the selling price of Illinois-mined coal that was sold to an eligible business.

Such annual return to the Department shall include a statement of gross receipts as shown by the taxpayer'staxpayer’s last Federal income tax return.

The taxpayer'staxpayer’s annual return to the Department shall also disclose the cost of goods sold by the HB0160 Engrossed - 56 - LRB095 03354 BDD 23358 b taxpayer during the year covered by such return, opening and closing inventories of such goods for such year, cost of goods used from stock or taken from stock and given away by the taxpayer during such year, pay roll information of the taxpayer'staxpayer’s business during such year and any additional reasonable information which the Department deems would be helpful in determining the accuracy of the monthly, quarterly or annual returns filed by such taxpayer as hereinbefore provided for in this Section.

Any person who willfully signs the annual return containing false or HB0160 Engrossed - 57 - LRB095 03354 BDD 23358 b inaccurate information shall be guilty of perjury and punished accordingly.

For greater simplicity of administration, it shall be permissible for manufacturers, importers and wholesalers whose products are sold by numerous servicemen in Illinois, and who wish to do so, to assume the responsibility for accounting and paying to the Department all tax accruing under this Act with respect to such sales, if the servicemen who are affected do not make written objection to the Department to this HB0160 Engrossed - 58 - LRB095 03354 BDD 23358 b arrangement.

The Retailers'Retailers’ Occupation Tax Act is amended by changing Section 3 as follows:

Total amount received by him during the preceding HB0160 Engrossed - 59 - LRB095 03354 BDD 23358 b calendar month or quarter on charge and time sales of tangible personal property, and from services furnished, by him prior to the month or quarter for which the return is filed;

Prior to October 1, 2003, and on and after September 1, 2004 a retailer may accept a Manufacturer'sManufacturer’s Purchase Credit certification from a purchaser in satisfaction of Use Tax as provided in Section 3-85 of the Use Tax Act if the purchaser provides the appropriate documentation as required by Section HB0160 Engrossed - 60 - LRB095 03354 BDD 23358 b 3-85 of the Use Tax Act.

A Manufacturer'sManufacturer’s Purchase Credit certification, accepted by a retailer prior to October 1, 2003 and on and after September 1, 2004 as provided in Section 3-85 of the Use Tax Act, may be used by that retailer to satisfy Retailers'Retailers’ Occupation Tax liability in the amount claimed in the certification, not to exceed 6.25% of the receipts subject to tax from a qualifying purchase.

A Manufacturer'sManufacturer’s Purchase Credit reported on any original or amended return filed under this Act after October 20, 2003 for reporting periods prior to September 1, 2004 shall be disallowed.

Manufacturer'sManufacturer’s Purchaser Credit reported on annual returns due on or after January 1, 2005 will be disallowed for periods prior to September 1, 2004.

No Manufacturer'sManufacturer’s Purchase Credit may be used after September 30, 2003 through August 31, 2004 to satisfy any tax liability imposed under this Act, including any audit liability.

The address of the principal place of business from which he engages in the business of selling tangible HB0160 Engrossed - 61 - LRB095 03354 BDD 23358 b personal property at retail in this State;

Beginning on October 1, 2003, every distributor, importing HB0160 Engrossed - 62 - LRB095 03354 BDD 23358 b distributor, and manufacturer of alcoholic liquor as defined in the Liquor Control Act of 1934, shall file a statement with the Department of Revenue, no later than the 10th day of the month for the preceding month during which transactions occurred, by electronic means, showing the total amount of gross receipts from the sale of alcoholic liquor sold or distributed during the preceding month to purchasers;

the purchaser'spurchaser’s tax registration number;

A distributor, importing distributor, or manufacturer of alcoholic liquor must personally deliver, mail, or provide by electronic means to each retailer listed on the monthly statement a report containing a cumulative total of that distributor's,distributor’s, importing distributor's,distributor’s, or manufacturer'smanufacturer’s total sales of alcoholic liquor to that retailer no later than the 10th day of the month for the preceding month during which the transaction occurred.

For purposes of this paragraph, the term "electronic means" includes, but is not limited to, the use of a secure Internet website, e-mail, HB0160 Engrossed - 63 - LRB095 03354 BDD 23358 b or facsimile.

The term "annual tax liability" shall be the sum of the taxpayer'staxpayer’s liabilities under this Act, and under all other State and local occupation and use tax laws administered by the Department, for the immediately preceding calendar year.

The term "average monthly tax liability" shall be the sum of the taxpayer'staxpayer’s liabilities under this Act, and under all other State and local occupation and use tax laws administered by the Department, for the immediately preceding calendar year divided by 12.

Beginning on October 1, 2002, a taxpayer who has a tax liability in the amount set forth in subsection (b) of HB0160 Engrossed - 64 - LRB095 03354 BDD 23358 b Section 2505-210 of the Department of Revenue Law shall make all payments required by rules of the Department by electronic funds transfer.

If the retailer is otherwise required to file a monthly HB0160 Engrossed - 65 - LRB095 03354 BDD 23358 b return and if the retailer'sretailer’s average monthly tax liability to the Department does not exceed $200, the Department may authorize his returns to be filed on a quarter annual basis, with the return for January, February and March of a given year being due by April 20 of such year;

If the retailer is otherwise required to file a monthly or quarterly return and if the retailer'sretailer’s average monthly tax liability with the Department does not exceed $50, the Department may authorize his returns to be filed on an annual basis, with the return for a given year being due by January 20 of the following year.

HB0160 Engrossed - 66 - LRB095 03354 BDD 23358 b Where the same person has more than one business registered with the Department under separate registrations under this Act, such person may not file each return that is due as a single return covering all such registered businesses, but shall file separate returns for each such registered business.

For purposes of this Section, "watercraft" means a Class 2, Class 3, or Class 4 watercraft as defined in Section 3-2 of the Boat Registration HB0160 Engrossed - 67 - LRB095 03354 BDD 23358 b and Safety Act, a personal watercraft, or any boat equipped with an inboard motor.

Any retailer who sells only motor vehicles, watercraft, aircraft, or trailers that are required to be registered with an agency of this State, so that all retailers'retailers’ occupation tax liability is required to be reported, and is reported, on such transaction reporting returns and who is not otherwise required to file monthly or quarterly returns, need not file monthly or quarterly returns.

the amount of tax collected from the purchaser by the retailer on such transaction (or satisfactory evidence that such tax is not due in that particular instance, if that is claimed to be the HB0160 Engrossed - 68 - LRB095 03354 BDD 23358 b fact);

The transaction reporting return and tax remittance or proof of exemption from the HB0160 Engrossed - 69 - LRB095 03354 BDD 23358 b Illinois use tax may be transmitted to the Department by way of the State agency with which, or State officer with whom the tangible personal property must be titled or registered (if titling or registration is required) if the Department and such agency or State officer determine that this procedure will expedite the processing of applications for title or registration.

With each such transaction reporting return, the retailer shall remit the proper amount of tax due (or shall submit satisfactory evidence that the sale is not taxable if that is the case), to the Department or its agents, whereupon the Department shall issue, in the purchaser'spurchaser’s name, a use tax receipt (or a certificate of exemption if the Department is satisfied that the particular sale is tax exempt) which such purchaser may submit to the agency with which, or State officer with whom, he must title or register the tangible personal property that is involved (if titling or registration is required) in support of such purchaser'spurchaser’s application for an Illinois certificate or other evidence of title or registration to such tangible personal property.

No retailer'sretailer’s failure or refusal to remit tax under this Act precludes a user, who has paid the proper tax to the retailer, from obtaining his certificate of title or other evidence of title or registration (if titling or registration is required) upon satisfying the Department that such user has paid the proper tax (if tax is due) to the retailer.

The HB0160 Engrossed - 70 - LRB095 03354 BDD 23358 b Department shall adopt appropriate rules to carry out the mandate of this paragraph.

If the user who would otherwise pay tax to the retailer wants the transaction reporting return filed and the payment of the tax or proof of exemption made to the Department before the retailer is willing to take these actions and such user has not paid the tax to the retailer, such user may certify to the fact of such delay by the retailer and may (upon the Department being satisfied of the truth of such certification) transmit the information required by the transaction reporting return and the remittance for tax or proof of exemption directly to the Department and obtain his tax receipt or exemption determination, in which event the transaction reporting return and tax remittance (if a tax payment was required) shall be credited by the Department to the proper retailer'sretailer’s account with the Department, but without the 2.1% or 1.75% discount provided for in this Section being allowed.

Refunds made by the seller during the preceding return period to purchasers, on account of tangible personal property returned to the seller, shall be allowed as a deduction under subdivision 5 of his monthly or quarterly return, as the case may be, in case the seller had theretofore included the receipts from the sale of such tangible personal property in a HB0160 Engrossed - 71 - LRB095 03354 BDD 23358 b return filed by him and had paid the tax imposed by this Act with respect to such receipts.

Before October 1, 2000, if the taxpayer'staxpayer’s average monthly HB0160 Engrossed - 72 - LRB095 03354 BDD 23358 b tax liability to the Department under this Act, the Use Tax Act, the Service Occupation Tax Act, and the Service Use Tax Act, excluding any liability for prepaid sales tax to be remitted in accordance with Section 2d of this Act, was $10,000 or more during the preceding 4 complete calendar quarters, he shall file a return with the Department each month by the 20th day of the month next following the month during which such tax liability is incurred and shall make payments to the Department on or before the 7th, 15th, 22nd and last day of the month during which such liability is incurred.

On and after October 1, 2000, if the taxpayer'staxpayer’s average monthly tax liability to the Department under this Act, the Use Tax Act, the Service Occupation Tax Act, and the Service Use Tax Act, excluding any liability for prepaid sales tax to be remitted in accordance with Section 2d of this Act, was $20,000 or more during the preceding 4 complete calendar quarters, he shall file a return with the Department each month by the 20th day of the month next following the month during which such tax liability is incurred and shall make payment to the Department on or before the 7th, 15th, 22nd and last day of the month during which such liability is incurred.

If the month during which such tax liability is incurred began prior to January 1, 1985, each payment shall be in an amount equal to 1/4 of the taxpayer'staxpayer’s actual liability for the month or an amount set by the Department not to exceed 1/4 of the average monthly liability of the taxpayer to the Department for the preceding 4 complete HB0160 Engrossed - 73 - LRB095 03354 BDD 23358 b calendar quarters (excluding the month of highest liability and the month of lowest liability in such 4 quarter period).

If the month during which such tax liability is incurred begins on or after January 1, 1985 and prior to January 1, 1987, each payment shall be in an amount equal to 22.5% of the taxpayer'staxpayer’s actual liability for the month or 27.5% of the taxpayer'staxpayer’s liability for the same calendar month of the preceding year.

If the month during which such tax liability is incurred begins on or after January 1, 1987 and prior to January 1, 1988, each payment shall be in an amount equal to 22.5% of the taxpayer'staxpayer’s actual liability for the month or 26.25% of the taxpayer'staxpayer’s liability for the same calendar month of the preceding year.

If the month during which such tax liability is incurred begins on or after January 1, 1988, and prior to January 1, 1989, or begins on or after January 1, 1996, each payment shall be in an amount equal to 22.5% of the taxpayer'staxpayer’s actual liability for the month or 25% of the taxpayer'staxpayer’s liability for the same calendar month of the preceding year.

If the month during which such tax liability is incurred begins on or after January 1, 1989, and prior to January 1, 1996, each payment shall be in an amount equal to 22.5% of the taxpayer'staxpayer’s actual liability for the month or 25% of the taxpayer'staxpayer’s liability for the same calendar month of the preceding year or 100% of the taxpayer'staxpayer’s actual liability for the quarter monthly reporting period.

The amount of such quarter monthly payments shall be credited against the final tax liability of the taxpayer'staxpayer’s return for HB0160 Engrossed - 74 - LRB095 03354 BDD 23358 b that month.

Before October 1, 2000, once applicable, the requirement of the making of quarter monthly payments to the Department by taxpayers having an average monthly tax liability of $10,000 or more as determined in the manner provided above shall continue until such taxpayer'staxpayer’s average monthly liability to the Department during the preceding 4 complete calendar quarters (excluding the month of highest liability and the month of lowest liability) is less than $9,000, or until such taxpayer'staxpayer’s average monthly liability to the Department as computed for each calendar quarter of the 4 preceding complete calendar quarter period is less than $10,000.

However, if a taxpayer can show the Department that a substantial change in the taxpayer'staxpayer’s business has occurred which causes the taxpayer to anticipate that his average monthly tax liability for the reasonably foreseeable future will fall below the $10,000 threshold stated above, then such taxpayer may petition the Department for a change in such taxpayer'staxpayer’s reporting status.

On and after October 1, 2000, once applicable, the requirement of the making of quarter monthly payments to the Department by taxpayers having an average monthly tax liability of $20,000 or more as determined in the manner provided above shall continue until such taxpayer'staxpayer’s average monthly liability to the Department during the preceding 4 complete calendar quarters (excluding the month of highest liability and the month of lowest liability) is less than $19,000 or until such taxpayer'staxpayer’s average monthly liability to the Department as computed for HB0160 Engrossed - 75 - LRB095 03354 BDD 23358 b each calendar quarter of the 4 preceding complete calendar quarter period is less than $20,000.

However, if a taxpayer can show the Department that a substantial change in the taxpayer'staxpayer’s business has occurred which causes the taxpayer to anticipate that his average monthly tax liability for the reasonably foreseeable future will fall below the $20,000 threshold stated above, then such taxpayer may petition the Department for a change in such taxpayer'staxpayer’s reporting status.

The Department shall change such taxpayer'staxpayer’s reporting status unless it finds that such change is seasonal in nature and not likely to be long term.

Without regard to whether a taxpayer is required to make quarter monthly payments as specified above, any taxpayer who is required by Section 2d of this Act to collect and remit HB0160 Engrossed - 76 - LRB095 03354 BDD 23358 b prepaid taxes and has collected prepaid taxes which average in excess of $25,000 per month during the preceding 2 complete calendar quarters, shall file a return with the Department as required by Section 2f and shall make payments to the Department on or before the 7th, 15th, 22nd and last day of the month during which such liability is incurred.

If the month during which such tax liability is incurred began prior to the effective date of this amendatory Act of 1985, each payment shall be in an amount not less than 22.5% of the taxpayer'staxpayer’s actual liability under Section 2d.

If the month during which such tax liability is incurred begins on or after January 1, 1986, each payment shall be in an amount equal to 22.5% of the taxpayer'staxpayer’s actual liability for the month or 27.5% of the taxpayer'staxpayer’s liability for the same calendar month of the preceding calendar year.

If the month during which such tax liability is incurred begins on or after January 1, 1987, each payment shall be in an amount equal to 22.5% of the taxpayer'staxpayer’s actual liability for the month or 26.25% of the taxpayer'staxpayer’s liability for the same calendar month of the preceding year.

The amount of such quarter monthly payments shall be credited against the final tax liability of the taxpayer'staxpayer’s return for that month filed under this Section or Section 2f, as the case may be.

Once applicable, the requirement of the making of quarter monthly payments to the Department pursuant to this paragraph shall continue until such taxpayer'staxpayer’s average monthly prepaid tax collections during the preceding 2 complete HB0160 Engrossed - 77 - LRB095 03354 BDD 23358 b calendar quarters is $25,000 or less.

Each payment shall be in an amount equal to 22.5% of the taxpayer'staxpayer’s actual liability for the month or 25% of the taxpayer'staxpayer’s liability for the same calendar month of the preceding year.

The amount of the quarter monthly payments shall be credited against the final tax liability of the taxpayer'staxpayer’s return for that month filed under this Section or Section 2f, as the case may be.

Once applicable, the requirement of the making of quarter monthly payments to the Department pursuant to this paragraph shall continue until the taxpayer'staxpayer’s average monthly prepaid tax collections during the preceding 4 complete calendar quarters HB0160 Engrossed - 78 - LRB095 03354 BDD 23358 b (excluding the month of highest liability and the month of lowest liability) is less than $19,000 or until such taxpayer'staxpayer’s average monthly liability to the Department as computed for each calendar quarter of the 4 preceding complete calendar quarters is less than $20,000.

If any payment provided for in this Section exceeds the taxpayer'staxpayer’s liabilities under this Act, the Use Tax Act, the Service Occupation Tax Act and the Service Use Tax Act, as shown on an original monthly return, the Department shall, if requested by the taxpayer, issue to the taxpayer a credit memorandum no later than 30 days after the date of payment.

If the Department HB0160 Engrossed - 79 - LRB095 03354 BDD 23358 b subsequently determined that all or any part of the credit taken was not actually due to the taxpayer, the taxpayer'staxpayer’s 2.1% and 1.75% vendor'svendor’s discount shall be reduced by 2.1% or 1.75% of the difference between the credit taken and that actually due, and that taxpayer shall be liable for penalties and interest on such difference.

If a retailer of motor fuel is entitled to a credit under Section 2d of this Act which exceeds the taxpayer'staxpayer’s liability to the Department under this Act for the month which the taxpayer is filing a return, the Department shall issue the taxpayer a credit memorandum for the excess.

HB0160 Engrossed - 80 - LRB095 03354 BDD 23358 b Beginning August 1, 2000, each month the Department shall pay into the County and Mass Transit District Fund 20% of the net revenue realized for the preceding month from the 1.25% rate on the selling price of motor fuel and gasohol.

provided, however, that if in any fiscal year the sum of (1) the aggregate of 2.2% or 3.8%, as the case may be, of the moneys received by the Department and required to be paid into the Build Illinois Fund pursuant to this Act, Section 9 of the Use Tax Act, Section 9 of the Service Use Tax Act, and Section 9 of the Service Occupation Tax Act, such Acts HB0160 Engrossed - 81 - LRB095 03354 BDD 23358 b being hereinafter called the "Tax Acts" and such aggregate of 2.2% or 3.8%, as the case may be, of moneys being hereinafter called the "Tax Act Amount", and (2) the amount transferred to the Build Illinois Fund from the State and Local Sales Tax Reform Fund shall be less than the Annual Specified Amount (as hereinafter defined), an amount equal to the difference shall be immediately paid into the Build Illinois Fund from other moneys received by the Department pursuant to the Tax Acts;

and further provided, that if on the last business day of any month the sum of (1) the Tax Act Amount required to be deposited into the Build Illinois Bond Account in the Build Illinois Fund during such month and (2) HB0160 Engrossed - 82 - LRB095 03354 BDD 23358 b the amount transferred to the Build Illinois Fund from the State and Local Sales Tax Reform Fund shall have been less than 1/12 of the Annual Specified Amount, an amount equal to the difference shall be immediately paid into the Build Illinois Fund from other moneys received by the Department pursuant to the Tax Acts;

The amounts payable into the Build Illinois Fund under clause (b) of the first sentence in this paragraph shall be payable only until such time as the aggregate amount on deposit under each trust indenture securing Bonds issued and outstanding pursuant to the Build Illinois Bond Act is sufficient, taking into account any future investment income, to fully provide, in accordance with such indenture, for the defeasance of or the payment of the principal of, premium, if any, and interest on the Bonds secured by such indenture and on any Bonds expected to be issued thereafter and all fees and costs payable with respect thereto, all as certified by the Director of the Bureau of the Budget (now Governor'sGovernor’s Office of Management and Budget).

If on the last business day of any month in which Bonds are outstanding pursuant to the Build Illinois Bond Act, the aggregate of moneys deposited in the Build Illinois Bond Account in the Build Illinois Fund in such HB0160 Engrossed - 83 - LRB095 03354 BDD 23358 b month shall be less than the amount required to be transferred in such month from the Build Illinois Bond Account to the Build Illinois Bond Retirement and Interest Fund pursuant to Section 13 of the Build Illinois Bond Act, an amount equal to such deficiency shall be immediately paid from other moneys received by the Department pursuant to the Tax Acts to the Build Illinois Fund;

Subject to payment of amounts into the Build Illinois Fund as provided in the preceding paragraph or in any amendment thereto hereafter enacted, the following specified monthly installment of the amount requested in the certificate of the Chairman of the Metropolitan Pier and Exposition Authority provided under Section 8.25f of the State Finance Act, but not in excess of sums designated as "Total Deposit", shall be deposited in the aggregate from collections under Section 9 of the Use Tax Act, Section 9 of the Service Use Tax Act, Section 9 of the Service Occupation Tax Act, and Section 3 of the HB0160 Engrossed - 84 - LRB095 03354 BDD 23358 b Retailers'Retailers’ Occupation Tax Act into the McCormick Place Expansion Project Fund in the specified fiscal years.

Total Fiscal Year Deposit 1993 $0         $0 1994 53,000,000 1995 58,000,000 1996 61,000,000 1997 64,000,000 1998 68,000,000 1999 71,000,000 2000 75,000,000 2001 80,000,000 2002 93,000,000 2003 99,000,000 2004 103,000,000 2005 108,000,000 2006 113,000,000 2007 119,000,000 2008 126,000,000 2009 132,000,000 2010 139,000,000 2011 146,000,000 2012 153,000,000 2013 161,000,000 2014 170,000,000 HB0160 Engrossed - 85 - LRB095 03354 BDD 23358 b 2015 179,000,000 2016 189,000,000 2017 199,000,000 2018 210,000,000 2019 221,000,000 2020 233,000,000 2021 246,000,000 2022 260,000,000 2023 and 275,000,000 each fiscal year thereafter that bonds are outstanding under Section 13.2 of the Metropolitan Pier and Exposition Authority Act, but not after fiscal year 2042.

Beginning July 20, 1993 and in each month of each fiscal year thereafter, one-eighth of the amount requested in the certificate of the Chairman of the Metropolitan Pier and Exposition Authority for that fiscal year, less the amount deposited into the McCormick Place Expansion Project Fund by the State Treasurer in the respective month under subsection (g) of Section 13 of the Metropolitan Pier and Exposition Authority Act, plus cumulative deficiencies in the deposits required under this Section for previous months and years, shall be deposited into the McCormick Place Expansion Project HB0160 Engrossed - 86 - LRB095 03354 BDD 23358 b Fund, until the full amount requested for the fiscal year, but not in excess of the amount specified above as "Total Deposit", has been deposited.

Of the remainder of the moneys received by the Department pursuant to this Act, 75% thereof shall be paid into the State HB0160 Engrossed - 87 - LRB095 03354 BDD 23358 b Treasury and 25% shall be reserved in a special account and used only for the transfer to the Common School Fund as part of the monthly transfer from the General Revenue Fund in accordance with Section 8a of the State Finance Act.

Such annual return to the Department shall include a statement of gross receipts as shown by the retailer'sretailer’s last Federal income tax return.

The retailer'sretailer’s annual return to the Department shall also disclose the cost of goods sold by the retailer during the year covered by such return, opening and closing inventories of such goods for such year, costs of goods used from stock or taken from stock and given away by the retailer during such year, payroll information of the retailer'sretailer’s business during such year and any additional reasonable information which the Department deems would be helpful in determining the accuracy of the monthly, quarterly or annual returns filed by such retailer as provided for in HB0160 Engrossed - 88 - LRB095 03354 BDD 23358 b this Section.

HB0160 Engrossed - 89 - LRB095 03354 BDD 23358 b As soon as possible after the first day of each month, upon certification of the Department of Revenue, the Comptroller shall order transferred and the Treasurer shall transfer from the General Revenue Fund to the Motor Fuel Tax Fund an amount equal to 1.7% of 80% of the net revenue realized under this Act for the second preceding month.

Any person who promotes, organizes, provides retail selling space for concessionaires or other types of sellers at the Illinois State Fair, DuQuoin State Fair, county fairs, local fairs, art shows, flea markets and similar exhibitions or events, including any transient merchant as defined by Section 2 of the Transient Merchant Act of 1987, is required to file a report with the Department providing the name of the merchant'smerchant’s business, the name of the person or persons engaged in HB0160 Engrossed - 90 - LRB095 03354 BDD 23358 b merchant'smerchant’s business, the permanent address and Illinois Retailers Occupation Tax Registration Number of the merchant, the dates and location of the event and other reasonable information that the Department may require.

The Department shall notify concessionaires and other sellers affected by the imposition of HB0160 Engrossed - 91 - LRB095 03354 BDD 23358 b this requirement.