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| 1 | AN ACT concerning revenue.
| ||||||||||||||||||||||||||||
| 2 | Be it enacted by the People of the State of Illinois,
| ||||||||||||||||||||||||||||
| 3 | represented in the General Assembly:
| ||||||||||||||||||||||||||||
| 4 | Section 5. The Use Tax Act is amended by changing Section | ||||||||||||||||||||||||||||
| 5 | 3-5 as follows:
| ||||||||||||||||||||||||||||
| 6 | (35 ILCS 105/3-5)
| ||||||||||||||||||||||||||||
| 7 | Sec. 3-5. Exemptions. Use of the following tangible | ||||||||||||||||||||||||||||
| 8 | personal property
is exempt from the tax imposed by this Act:
| ||||||||||||||||||||||||||||
| 9 | (1) Personal property purchased from a corporation, | ||||||||||||||||||||||||||||
| 10 | society, association,
foundation, institution, or | ||||||||||||||||||||||||||||
| 11 | organization, other than a limited liability
company, that is | ||||||||||||||||||||||||||||
| 12 | organized and operated as a not-for-profit service enterprise
| ||||||||||||||||||||||||||||
| 13 | for the benefit of persons 65 years of age or older if the | ||||||||||||||||||||||||||||
| 14 | personal property
was not purchased by the enterprise for the | ||||||||||||||||||||||||||||
| 15 | purpose of resale by the
enterprise.
| ||||||||||||||||||||||||||||
| 16 | (2) Personal property purchased by a not-for-profit | ||||||||||||||||||||||||||||
| 17 | Illinois county
fair association for use in conducting, | ||||||||||||||||||||||||||||
| 18 | operating, or promoting the
county fair.
| ||||||||||||||||||||||||||||
| 19 | (3) Personal property purchased by a not-for-profit
arts or | ||||||||||||||||||||||||||||
| 20 | cultural organization that establishes, by proof required by | ||||||||||||||||||||||||||||
| 21 | the
Department by
rule, that it has received an exemption under | ||||||||||||||||||||||||||||
| 22 | Section 501(c)(3) of the Internal
Revenue Code and that is | ||||||||||||||||||||||||||||
| 23 | organized and operated primarily for the
presentation
or | ||||||||||||||||||||||||||||
| |||||||
| |||||||
| 1 | support of arts or cultural programming, activities, or | ||||||
| 2 | services. These
organizations include, but are not limited to, | ||||||
| 3 | music and dramatic arts
organizations such as symphony | ||||||
| 4 | orchestras and theatrical groups, arts and
cultural service | ||||||
| 5 | organizations, local arts councils, visual arts organizations,
| ||||||
| 6 | and media arts organizations.
On and after the effective date | ||||||
| 7 | of this amendatory Act of the 92nd General
Assembly, however, | ||||||
| 8 | an entity otherwise eligible for this exemption shall not
make | ||||||
| 9 | tax-free purchases unless it has an active identification | ||||||
| 10 | number issued by
the Department.
| ||||||
| 11 | (4) Personal property purchased by a governmental body, by | ||||||
| 12 | a
corporation, society, association, foundation, or | ||||||
| 13 | institution organized and
operated exclusively for charitable, | ||||||
| 14 | religious, or educational purposes, or
by a not-for-profit | ||||||
| 15 | corporation, society, association, foundation,
institution, or | ||||||
| 16 | organization that has no compensated officers or employees
and | ||||||
| 17 | that is organized and operated primarily for the recreation of | ||||||
| 18 | persons
55 years of age or older. A limited liability company | ||||||
| 19 | may qualify for the
exemption under this paragraph only if the | ||||||
| 20 | limited liability company is
organized and operated | ||||||
| 21 | exclusively for educational purposes. On and after July
1, | ||||||
| 22 | 1987, however, no entity otherwise eligible for this exemption | ||||||
| 23 | shall make
tax-free purchases unless it has an active exemption | ||||||
| 24 | identification number
issued by the Department.
| ||||||
| 25 | (5) Until July 1, 2003, a passenger car that is a | ||||||
| 26 | replacement vehicle to
the extent that the
purchase price of | ||||||
| |||||||
| |||||||
| 1 | the car is subject to the Replacement Vehicle Tax.
| ||||||
| 2 | (6) Until July 1, 2003 and beginning again on September 1, | ||||||
| 3 | 2004 through August 30, 2014, graphic arts machinery and | ||||||
| 4 | equipment, including
repair and replacement
parts, both new and | ||||||
| 5 | used, and including that manufactured on special order,
| ||||||
| 6 | certified by the purchaser to be used primarily for graphic | ||||||
| 7 | arts production,
and including machinery and equipment | ||||||
| 8 | purchased for lease.
Equipment includes chemicals or chemicals | ||||||
| 9 | acting as catalysts but only if
the
chemicals or chemicals | ||||||
| 10 | acting as catalysts effect a direct and immediate change
upon a | ||||||
| 11 | graphic arts product.
| ||||||
| 12 | (7) Farm chemicals.
| ||||||
| 13 | (8) Legal tender, currency, medallions, or gold or silver | ||||||
| 14 | coinage issued by
the State of Illinois, the government of the | ||||||
| 15 | United States of America, or the
government of any foreign | ||||||
| 16 | country, and bullion.
| ||||||
| 17 | (9) Personal property purchased from a teacher-sponsored | ||||||
| 18 | student
organization affiliated with an elementary or | ||||||
| 19 | secondary school located in
Illinois.
| ||||||
| 20 | (10) A motor vehicle of the first division, a motor vehicle | ||||||
| 21 | of the
second division that is a self-contained motor vehicle | ||||||
| 22 | designed or
permanently converted to provide living quarters | ||||||
| 23 | for recreational, camping,
or travel use, with direct walk | ||||||
| 24 | through to the living quarters from the
driver's seat, or a | ||||||
| 25 | motor vehicle of the second division that is of the
van | ||||||
| 26 | configuration designed for the transportation of not less than | ||||||
| |||||||
| |||||||
| 1 | 7 nor
more than 16 passengers, as defined in Section 1-146 of | ||||||
| 2 | the Illinois
Vehicle Code, that is used for automobile renting, | ||||||
| 3 | as defined in the
Automobile Renting Occupation and Use Tax | ||||||
| 4 | Act.
| ||||||
| 5 | (11) Farm machinery and equipment, both new and used,
| ||||||
| 6 | including that manufactured on special order, certified by the | ||||||
| 7 | purchaser
to be used primarily for production agriculture or | ||||||
| 8 | State or federal
agricultural programs, including individual | ||||||
| 9 | replacement parts for
the machinery and equipment, including | ||||||
| 10 | machinery and equipment
purchased
for lease,
and including | ||||||
| 11 | implements of husbandry defined in Section 1-130 of
the | ||||||
| 12 | Illinois Vehicle Code, farm machinery and agricultural | ||||||
| 13 | chemical and
fertilizer spreaders, and nurse wagons required to | ||||||
| 14 | be registered
under Section 3-809 of the Illinois Vehicle Code,
| ||||||
| 15 | but excluding other motor
vehicles required to be
registered | ||||||
| 16 | under the Illinois Vehicle Code.
Horticultural polyhouses or | ||||||
| 17 | hoop houses used for propagating, growing, or
overwintering | ||||||
| 18 | plants shall be considered farm machinery and equipment under
| ||||||
| 19 | this item (11).
Agricultural chemical tender tanks and dry | ||||||
| 20 | boxes shall include units sold
separately from a motor vehicle | ||||||
| 21 | required to be licensed and units sold mounted
on a motor | ||||||
| 22 | vehicle required to be licensed if the selling price of the | ||||||
| 23 | tender
is separately stated.
| ||||||
| 24 | Farm machinery and equipment shall include precision | ||||||
| 25 | farming equipment
that is
installed or purchased to be | ||||||
| 26 | installed on farm machinery and equipment
including, but not | ||||||
| |||||||
| |||||||
| 1 | limited to, tractors, harvesters, sprayers, planters,
seeders, | ||||||
| 2 | or spreaders.
Precision farming equipment includes, but is not | ||||||
| 3 | limited to, soil testing
sensors, computers, monitors, | ||||||
| 4 | software, global positioning
and mapping systems, and other | ||||||
| 5 | such equipment.
| ||||||
| 6 | Farm machinery and equipment also includes computers, | ||||||
| 7 | sensors, software, and
related equipment used primarily in the
| ||||||
| 8 | computer-assisted operation of production agriculture | ||||||
| 9 | facilities, equipment,
and
activities such as, but not limited | ||||||
| 10 | to,
the collection, monitoring, and correlation of
animal and | ||||||
| 11 | crop data for the purpose of
formulating animal diets and | ||||||
| 12 | agricultural chemicals. This item (11) is exempt
from the | ||||||
| 13 | provisions of
Section 3-90.
| ||||||
| 14 | (12) Fuel and petroleum products sold to or used by an air | ||||||
| 15 | common
carrier, certified by the carrier to be used for | ||||||
| 16 | consumption, shipment, or
storage in the conduct of its | ||||||
| 17 | business as an air common carrier, for a
flight destined for or | ||||||
| 18 | returning from a location or locations
outside the United | ||||||
| 19 | States without regard to previous or subsequent domestic
| ||||||
| 20 | stopovers.
| ||||||
| 21 | (13) Proceeds of mandatory service charges separately
| ||||||
| 22 | stated on customers' bills for the purchase and consumption of | ||||||
| 23 | food and
beverages purchased at retail from a retailer, to the | ||||||
| 24 | extent that the proceeds
of the service charge are in fact | ||||||
| 25 | turned over as tips or as a substitute
for tips to the | ||||||
| 26 | employees who participate directly in preparing, serving,
| ||||||
| |||||||
| |||||||
| 1 | hosting or cleaning up the food or beverage function with | ||||||
| 2 | respect to which
the service charge is imposed.
| ||||||
| 3 | (14) Until July 1, 2003, oil field exploration, drilling, | ||||||
| 4 | and production
equipment,
including (i) rigs and parts of rigs, | ||||||
| 5 | rotary
rigs, cable tool rigs, and workover rigs, (ii) pipe and | ||||||
| 6 | tubular goods,
including casing and drill strings, (iii) pumps | ||||||
| 7 | and pump-jack units, (iv)
storage tanks and flow lines, (v) any | ||||||
| 8 | individual replacement part for oil
field exploration, | ||||||
| 9 | drilling, and production equipment, and (vi) machinery and
| ||||||
| 10 | equipment purchased
for lease; but excluding motor vehicles | ||||||
| 11 | required to be registered under the
Illinois Vehicle Code.
| ||||||
| 12 | (15) Photoprocessing machinery and equipment, including | ||||||
| 13 | repair and
replacement parts, both new and used, including that
| ||||||
| 14 | manufactured on special order, certified by the purchaser to be | ||||||
| 15 | used
primarily for photoprocessing, and including
| ||||||
| 16 | photoprocessing machinery and equipment purchased for lease.
| ||||||
| 17 | (16) Until July 1, 2003, and beginning again on the | ||||||
| 18 | effective date of this amendatory Act of the 97th General | ||||||
| 19 | Assembly and thereafter, coal and aggregate exploration, | ||||||
| 20 | mining, offhighway hauling,
processing, maintenance, and | ||||||
| 21 | reclamation equipment,
including replacement parts and | ||||||
| 22 | equipment, and
including equipment purchased for lease, but | ||||||
| 23 | excluding motor
vehicles required to be registered under the | ||||||
| 24 | Illinois Vehicle Code.
| ||||||
| 25 | (17) Until July 1, 2003, distillation machinery and | ||||||
| 26 | equipment, sold as a
unit or kit,
assembled or installed by the | ||||||
| |||||||
| |||||||
| 1 | retailer, certified by the user to be used
only for the | ||||||
| 2 | production of ethyl alcohol that will be used for consumption
| ||||||
| 3 | as motor fuel or as a component of motor fuel for the personal | ||||||
| 4 | use of the
user, and not subject to sale or resale.
| ||||||
| 5 | (18) Manufacturing and assembling machinery and equipment | ||||||
| 6 | used
primarily in the process of manufacturing or assembling | ||||||
| 7 | tangible
personal property for wholesale or retail sale or | ||||||
| 8 | lease, whether that sale
or lease is made directly by the | ||||||
| 9 | manufacturer or by some other person,
whether the materials | ||||||
| 10 | used in the process are
owned by the manufacturer or some other | ||||||
| 11 | person, or whether that sale or
lease is made apart from or as | ||||||
| 12 | an incident to the seller's engaging in
the service occupation | ||||||
| 13 | of producing machines, tools, dies, jigs,
patterns, gauges, or | ||||||
| 14 | other similar items of no commercial value on
special order for | ||||||
| 15 | a particular purchaser.
| ||||||
| 16 | (19) Personal property delivered to a purchaser or | ||||||
| 17 | purchaser's donee
inside Illinois when the purchase order for | ||||||
| 18 | that personal property was
received by a florist located | ||||||
| 19 | outside Illinois who has a florist located
inside Illinois | ||||||
| 20 | deliver the personal property.
| ||||||
| 21 | (20) Semen used for artificial insemination of livestock | ||||||
| 22 | for direct
agricultural production.
| ||||||
| 23 | (21) Horses, or interests in horses, registered with and | ||||||
| 24 | meeting the
requirements of any of the
Arabian Horse Club | ||||||
| 25 | Registry of America, Appaloosa Horse Club, American Quarter
| ||||||
| 26 | Horse Association, United States
Trotting Association, or | ||||||
| |||||||
| |||||||
| 1 | Jockey Club, as appropriate, used for
purposes of breeding or | ||||||
| 2 | racing for prizes. This item (21) is exempt from the provisions | ||||||
| 3 | of Section 3-90, and the exemption provided for under this item | ||||||
| 4 | (21) applies for all periods beginning May 30, 1995, but no | ||||||
| 5 | claim for credit or refund is allowed on or after January 1, | ||||||
| 6 | 2008
for such taxes paid during the period beginning May 30, | ||||||
| 7 | 2000 and ending on January 1, 2008.
| ||||||
| 8 | (22) Computers and communications equipment utilized for | ||||||
| 9 | any
hospital
purpose
and equipment used in the diagnosis,
| ||||||
| 10 | analysis, or treatment of hospital patients purchased by a | ||||||
| 11 | lessor who leases
the
equipment, under a lease of one year or | ||||||
| 12 | longer executed or in effect at the
time the lessor would | ||||||
| 13 | otherwise be subject to the tax imposed by this Act, to a
| ||||||
| 14 | hospital
that has been issued an active tax exemption | ||||||
| 15 | identification number by
the
Department under Section 1g of the | ||||||
| 16 | Retailers' Occupation Tax Act. If the
equipment is leased in a | ||||||
| 17 | manner that does not qualify for
this exemption or is used in | ||||||
| 18 | any other non-exempt manner, the lessor
shall be liable for the
| ||||||
| 19 | tax imposed under this Act or the Service Use Tax Act, as the | ||||||
| 20 | case may
be, based on the fair market value of the property at | ||||||
| 21 | the time the
non-qualifying use occurs. No lessor shall collect | ||||||
| 22 | or attempt to collect an
amount (however
designated) that | ||||||
| 23 | purports to reimburse that lessor for the tax imposed by this
| ||||||
| 24 | Act or the Service Use Tax Act, as the case may be, if the tax | ||||||
| 25 | has not been
paid by the lessor. If a lessor improperly | ||||||
| 26 | collects any such amount from the
lessee, the lessee shall have | ||||||
| |||||||
| |||||||
| 1 | a legal right to claim a refund of that amount
from the lessor. | ||||||
| 2 | If, however, that amount is not refunded to the lessee for
any | ||||||
| 3 | reason, the lessor is liable to pay that amount to the | ||||||
| 4 | Department.
| ||||||
| 5 | (23) Personal property purchased by a lessor who leases the
| ||||||
| 6 | property, under
a
lease of
one year or longer executed or in | ||||||
| 7 | effect at the time
the lessor would otherwise be subject to the | ||||||
| 8 | tax imposed by this Act,
to a governmental body
that has been | ||||||
| 9 | issued an active sales tax exemption identification number by | ||||||
| 10 | the
Department under Section 1g of the Retailers' Occupation | ||||||
| 11 | Tax Act.
If the
property is leased in a manner that does not | ||||||
| 12 | qualify for
this exemption
or used in any other non-exempt | ||||||
| 13 | manner, the lessor shall be liable for the
tax imposed under | ||||||
| 14 | this Act or the Service Use Tax Act, as the case may
be, based | ||||||
| 15 | on the fair market value of the property at the time the
| ||||||
| 16 | non-qualifying use occurs. No lessor shall collect or attempt | ||||||
| 17 | to collect an
amount (however
designated) that purports to | ||||||
| 18 | reimburse that lessor for the tax imposed by this
Act or the | ||||||
| 19 | Service Use Tax Act, as the case may be, if the tax has not been
| ||||||
| 20 | paid by the lessor. If a lessor improperly collects any such | ||||||
| 21 | amount from the
lessee, the lessee shall have a legal right to | ||||||
| 22 | claim a refund of that amount
from the lessor. If, however, | ||||||
| 23 | that amount is not refunded to the lessee for
any reason, the | ||||||
| 24 | lessor is liable to pay that amount to the Department.
| ||||||
| 25 | (24) Beginning with taxable years ending on or after | ||||||
| 26 | December
31, 1995
and
ending with taxable years ending on or | ||||||
| |||||||
| |||||||
| 1 | before December 31, 2004,
personal property that is
donated for | ||||||
| 2 | disaster relief to be used in a State or federally declared
| ||||||
| 3 | disaster area in Illinois or bordering Illinois by a | ||||||
| 4 | manufacturer or retailer
that is registered in this State to a | ||||||
| 5 | corporation, society, association,
foundation, or institution | ||||||
| 6 | that has been issued a sales tax exemption
identification | ||||||
| 7 | number by the Department that assists victims of the disaster
| ||||||
| 8 | who reside within the declared disaster area.
| ||||||
| 9 | (25) Beginning with taxable years ending on or after | ||||||
| 10 | December
31, 1995 and
ending with taxable years ending on or | ||||||
| 11 | before December 31, 2004, personal
property that is used in the | ||||||
| 12 | performance of infrastructure repairs in this
State, including | ||||||
| 13 | but not limited to municipal roads and streets, access roads,
| ||||||
| 14 | bridges, sidewalks, waste disposal systems, water and sewer | ||||||
| 15 | line extensions,
water distribution and purification | ||||||
| 16 | facilities, storm water drainage and
retention facilities, and | ||||||
| 17 | sewage treatment facilities, resulting from a State
or | ||||||
| 18 | federally declared disaster in Illinois or bordering Illinois | ||||||
| 19 | when such
repairs are initiated on facilities located in the | ||||||
| 20 | declared disaster area
within 6 months after the disaster.
| ||||||
| 21 | (26) Beginning July 1, 1999, game or game birds purchased | ||||||
| 22 | at a "game
breeding
and hunting preserve area" as that term is
| ||||||
| 23 | used in
the Wildlife Code. This paragraph is exempt from the | ||||||
| 24 | provisions
of
Section 3-90.
| ||||||
| 25 | (27) A motor vehicle, as that term is defined in Section | ||||||
| 26 | 1-146
of the
Illinois
Vehicle Code, that is donated to a | ||||||
| |||||||
| |||||||
| 1 | corporation, limited liability company,
society, association, | ||||||
| 2 | foundation, or institution that is determined by the
Department | ||||||
| 3 | to be organized and operated exclusively for educational | ||||||
| 4 | purposes.
For purposes of this exemption, "a corporation, | ||||||
| 5 | limited liability company,
society, association, foundation, | ||||||
| 6 | or institution organized and operated
exclusively for | ||||||
| 7 | educational purposes" means all tax-supported public schools,
| ||||||
| 8 | private schools that offer systematic instruction in useful | ||||||
| 9 | branches of
learning by methods common to public schools and | ||||||
| 10 | that compare favorably in
their scope and intensity with the | ||||||
| 11 | course of study presented in tax-supported
schools, and | ||||||
| 12 | vocational or technical schools or institutes organized and
| ||||||
| 13 | operated exclusively to provide a course of study of not less | ||||||
| 14 | than 6 weeks
duration and designed to prepare individuals to | ||||||
| 15 | follow a trade or to pursue a
manual, technical, mechanical, | ||||||
| 16 | industrial, business, or commercial
occupation.
| ||||||
| 17 | (28) Beginning January 1, 2000, personal property, | ||||||
| 18 | including
food,
purchased through fundraising
events for the | ||||||
| 19 | benefit of
a public or private elementary or
secondary school, | ||||||
| 20 | a group of those schools, or one or more school
districts if | ||||||
| 21 | the events are
sponsored by an entity recognized by the school | ||||||
| 22 | district that consists
primarily of volunteers and includes
| ||||||
| 23 | parents and teachers of the school children. This paragraph | ||||||
| 24 | does not apply
to fundraising
events (i) for the benefit of | ||||||
| 25 | private home instruction or (ii)
for which the fundraising | ||||||
| 26 | entity purchases the personal property sold at
the events from | ||||||
| |||||||
| |||||||
| 1 | another individual or entity that sold the property for the
| ||||||
| 2 | purpose of resale by the fundraising entity and that
profits | ||||||
| 3 | from the sale to the
fundraising entity. This paragraph is | ||||||
| 4 | exempt
from the provisions
of Section 3-90.
| ||||||
| 5 | (29) Beginning January 1, 2000 and through December 31, | ||||||
| 6 | 2001, new or
used automatic vending
machines that prepare and | ||||||
| 7 | serve hot food and beverages, including coffee, soup,
and
other | ||||||
| 8 | items, and replacement parts for these machines.
Beginning | ||||||
| 9 | January 1,
2002 and through June 30, 2003, machines and parts | ||||||
| 10 | for machines used in
commercial, coin-operated amusement and | ||||||
| 11 | vending business if a use or occupation
tax is paid on the | ||||||
| 12 | gross receipts derived from the use of the commercial,
| ||||||
| 13 | coin-operated amusement and vending machines.
This
paragraph
| ||||||
| 14 | is exempt from the provisions of Section 3-90.
| ||||||
| 15 | (30) Beginning January 1, 2001 and through June 30, 2016, | ||||||
| 16 | food for human consumption that is to be consumed off the | ||||||
| 17 | premises
where it is sold (other than alcoholic beverages, soft | ||||||
| 18 | drinks, and food that
has been prepared for immediate | ||||||
| 19 | consumption) and prescription and
nonprescription medicines, | ||||||
| 20 | drugs, medical appliances, and insulin, urine
testing | ||||||
| 21 | materials, syringes, and needles used by diabetics, for human | ||||||
| 22 | use, when
purchased for use by a person receiving medical | ||||||
| 23 | assistance under Article V of
the Illinois Public Aid Code who | ||||||
| 24 | resides in a licensed long-term care facility,
as defined in | ||||||
| 25 | the Nursing Home Care Act, or in a licensed facility as defined | ||||||
| 26 | in the ID/DD Community Care Act or the Specialized Mental | ||||||
| |||||||
| |||||||
| 1 | Health Rehabilitation Act.
| ||||||
| 2 | (31) Beginning on
the effective date of this amendatory Act | ||||||
| 3 | of the 92nd General Assembly,
computers and communications | ||||||
| 4 | equipment
utilized for any hospital purpose and equipment used | ||||||
| 5 | in the diagnosis,
analysis, or treatment of hospital patients | ||||||
| 6 | purchased by a lessor who leases
the equipment, under a lease | ||||||
| 7 | of one year or longer executed or in effect at the
time the | ||||||
| 8 | lessor would otherwise be subject to the tax imposed by this | ||||||
| 9 | Act, to a
hospital that has been issued an active tax exemption | ||||||
| 10 | identification number by
the Department under Section 1g of the | ||||||
| 11 | Retailers' Occupation Tax Act. If the
equipment is leased in a | ||||||
| 12 | manner that does not qualify for this exemption or is
used in | ||||||
| 13 | any other nonexempt manner, the lessor shall be liable for the | ||||||
| 14 | tax
imposed under this Act or the Service Use Tax Act, as the | ||||||
| 15 | case may be, based on
the fair market value of the property at | ||||||
| 16 | the time the nonqualifying use
occurs. No lessor shall collect | ||||||
| 17 | or attempt to collect an amount (however
designated) that | ||||||
| 18 | purports to reimburse that lessor for the tax imposed by this
| ||||||
| 19 | Act or the Service Use Tax Act, as the case may be, if the tax | ||||||
| 20 | has not been
paid by the lessor. If a lessor improperly | ||||||
| 21 | collects any such amount from the
lessee, the lessee shall have | ||||||
| 22 | a legal right to claim a refund of that amount
from the lessor. | ||||||
| 23 | If, however, that amount is not refunded to the lessee for
any | ||||||
| 24 | reason, the lessor is liable to pay that amount to the | ||||||
| 25 | Department.
This paragraph is exempt from the provisions of | ||||||
| 26 | Section 3-90.
| ||||||
| |||||||
| |||||||
| 1 | (32) Beginning on
the effective date of this amendatory Act | ||||||
| 2 | of the 92nd General Assembly,
personal property purchased by a | ||||||
| 3 | lessor who leases the property,
under a lease of one year or | ||||||
| 4 | longer executed or in effect at the time the
lessor would | ||||||
| 5 | otherwise be subject to the tax imposed by this Act, to a
| ||||||
| 6 | governmental body that has been issued an active sales tax | ||||||
| 7 | exemption
identification number by the Department under | ||||||
| 8 | Section 1g of the Retailers'
Occupation Tax Act. If the | ||||||
| 9 | property is leased in a manner that does not
qualify for this | ||||||
| 10 | exemption or used in any other nonexempt manner, the lessor
| ||||||
| 11 | shall be liable for the tax imposed under this Act or the | ||||||
| 12 | Service Use Tax Act,
as the case may be, based on the fair | ||||||
| 13 | market value of the property at the time
the nonqualifying use | ||||||
| 14 | occurs. No lessor shall collect or attempt to collect
an amount | ||||||
| 15 | (however designated) that purports to reimburse that lessor for | ||||||
| 16 | the
tax imposed by this Act or the Service Use Tax Act, as the | ||||||
| 17 | case may be, if the
tax has not been paid by the lessor. If a | ||||||
| 18 | lessor improperly collects any such
amount from the lessee, the | ||||||
| 19 | lessee shall have a legal right to claim a refund
of that | ||||||
| 20 | amount from the lessor. If, however, that amount is not | ||||||
| 21 | refunded to
the lessee for any reason, the lessor is liable to | ||||||
| 22 | pay that amount to the
Department. This paragraph is exempt | ||||||
| 23 | from the provisions of Section 3-90.
| ||||||
| 24 | (33) On and after July 1, 2003 and through June 30, 2004, | ||||||
| 25 | the use in this State of motor vehicles of
the second division | ||||||
| 26 | with a gross vehicle weight in excess of 8,000 pounds and
that | ||||||
| |||||||
| |||||||
| 1 | are subject to the commercial distribution fee imposed under | ||||||
| 2 | Section
3-815.1 of the Illinois Vehicle Code. Beginning on July | ||||||
| 3 | 1, 2004 and through June 30, 2005, the use in this State of | ||||||
| 4 | motor vehicles of the second division: (i) with a gross vehicle | ||||||
| 5 | weight rating in excess of 8,000 pounds; (ii) that are subject | ||||||
| 6 | to the commercial distribution fee imposed under Section | ||||||
| 7 | 3-815.1 of the Illinois Vehicle Code; and (iii) that are | ||||||
| 8 | primarily used for commercial purposes. Through June 30, 2005, | ||||||
| 9 | this exemption applies to repair and
replacement parts added | ||||||
| 10 | after the initial purchase of such a motor vehicle if
that | ||||||
| 11 | motor
vehicle is used in a manner that would qualify for the | ||||||
| 12 | rolling stock exemption
otherwise provided for in this Act. For | ||||||
| 13 | purposes of this paragraph, the term "used for commercial | ||||||
| 14 | purposes" means the transportation of persons or property in | ||||||
| 15 | furtherance of any commercial or industrial enterprise, | ||||||
| 16 | whether for-hire or not.
| ||||||
| 17 | (34) Beginning January 1, 2008, tangible personal property | ||||||
| 18 | used in the construction or maintenance of a community water | ||||||
| 19 | supply, as defined under Section 3.145 of the Environmental | ||||||
| 20 | Protection Act, that is operated by a not-for-profit | ||||||
| 21 | corporation that holds a valid water supply permit issued under | ||||||
| 22 | Title IV of the Environmental Protection Act. This paragraph is | ||||||
| 23 | exempt from the provisions of Section 3-90. | ||||||
| 24 | (35) Beginning January 1, 2010, materials, parts, | ||||||
| 25 | equipment, components, and furnishings incorporated into or | ||||||
| 26 | upon an aircraft as part of the modification, refurbishment, | ||||||
| |||||||
| |||||||
| 1 | completion, replacement, repair, or maintenance of the | ||||||
| 2 | aircraft. This exemption includes consumable supplies used in | ||||||
| 3 | the modification, refurbishment, completion, replacement, | ||||||
| 4 | repair, and maintenance of aircraft, but excludes any | ||||||
| 5 | materials, parts, equipment, components, and consumable | ||||||
| 6 | supplies used in the modification, replacement, repair, and | ||||||
| 7 | maintenance of aircraft engines or power plants, whether such | ||||||
| 8 | engines or power plants are installed or uninstalled upon any | ||||||
| 9 | such aircraft. "Consumable supplies" include, but are not | ||||||
| 10 | limited to, adhesive, tape, sandpaper, general purpose | ||||||
| 11 | lubricants, cleaning solution, latex gloves, and protective | ||||||
| 12 | films. This exemption applies only to those organizations that | ||||||
| 13 | (i) hold an Air Agency Certificate and are empowered to operate | ||||||
| 14 | an approved repair station by the Federal Aviation | ||||||
| 15 | Administration, (ii) have a Class IV Rating, and (iii) conduct | ||||||
| 16 | operations in accordance with Part 145 of the Federal Aviation | ||||||
| 17 | Regulations. The exemption does not include aircraft operated | ||||||
| 18 | by a commercial air carrier providing scheduled passenger air | ||||||
| 19 | service pursuant to authority issued under Part 121 or Part 129 | ||||||
| 20 | of the Federal Aviation Regulations. | ||||||
| 21 | (36) Tangible personal property purchased by a | ||||||
| 22 | public-facilities corporation, as described in Section | ||||||
| 23 | 11-65-10 of the Illinois Municipal Code, for purposes of | ||||||
| 24 | constructing or furnishing a municipal convention hall, but | ||||||
| 25 | only if the legal title to the municipal convention hall is | ||||||
| 26 | transferred to the municipality without any further | ||||||
| |||||||
| |||||||
| 1 | consideration by or on behalf of the municipality at the time | ||||||
| 2 | of the completion of the municipal convention hall or upon the | ||||||
| 3 | retirement or redemption of any bonds or other debt instruments | ||||||
| 4 | issued by the public-facilities corporation in connection with | ||||||
| 5 | the development of the municipal convention hall. This | ||||||
| 6 | exemption includes existing public-facilities corporations as | ||||||
| 7 | provided in Section 11-65-25 of the Illinois Municipal Code. | ||||||
| 8 | This paragraph is exempt from the provisions of Section 3-90. | ||||||
| 9 | (37) A motor vehicle sold to an Illinois resident who is a | ||||||
| 10 | service member on active duty or returning to Illinois from | ||||||
| 11 | active duty and who applies for registration of the motor | ||||||
| 12 | vehicle in Illinois while on active duty or within one year | ||||||
| 13 | after leaving active duty. For purposes of this exemption: | ||||||
| 14 | "active duty" means active duty pursuant to an executive order | ||||||
| 15 | of the President of the United States, an act of the Congress | ||||||
| 16 | of the United States, or an order of the Governor; and "service | ||||||
| 17 | member" means a member of the armed services or reserve forces | ||||||
| 18 | of the United States or a member of the Illinois National | ||||||
| 19 | Guard. | ||||||
| 20 | (Source: P.A. 96-116, eff. 7-31-09; 96-339, eff. 7-1-10; | ||||||
| 21 | 96-532, eff. 8-14-09; 96-759, eff. 1-1-10; 96-1000, eff. | ||||||
| 22 | 7-2-10; 97-38, eff. 6-28-11; 97-227, eff. 1-1-12; 97-431, eff. | ||||||
| 23 | 8-16-11; 97-636, eff. 6-1-12; 97-767, eff. 7-9-12.)
| ||||||
| 24 | Section 10. The Retailers' Occupation Tax Act is amended by | ||||||
| 25 | changing Section 2-5 as follows:
| ||||||
| |||||||
| |||||||
| 1 | (35 ILCS 120/2-5)
| ||||||
| 2 | Sec. 2-5. Exemptions. Gross receipts from proceeds from the | ||||||
| 3 | sale of
the following tangible personal property are exempt | ||||||
| 4 | from the tax imposed
by this Act:
| ||||||
| 5 | (1) Farm chemicals.
| ||||||
| 6 | (2) Farm machinery and equipment, both new and used, | ||||||
| 7 | including that
manufactured on special order, certified by the | ||||||
| 8 | purchaser to be used
primarily for production agriculture or | ||||||
| 9 | State or federal agricultural
programs, including individual | ||||||
| 10 | replacement parts for the machinery and
equipment, including | ||||||
| 11 | machinery and equipment purchased for lease,
and including | ||||||
| 12 | implements of husbandry defined in Section 1-130 of
the | ||||||
| 13 | Illinois Vehicle Code, farm machinery and agricultural | ||||||
| 14 | chemical and
fertilizer spreaders, and nurse wagons required to | ||||||
| 15 | be registered
under Section 3-809 of the Illinois Vehicle Code,
| ||||||
| 16 | but
excluding other motor vehicles required to be registered | ||||||
| 17 | under the Illinois
Vehicle Code.
Horticultural polyhouses or | ||||||
| 18 | hoop houses used for propagating, growing, or
overwintering | ||||||
| 19 | plants shall be considered farm machinery and equipment under
| ||||||
| 20 | this item (2).
Agricultural chemical tender tanks and dry boxes | ||||||
| 21 | shall include units sold
separately from a motor vehicle | ||||||
| 22 | required to be licensed and units sold mounted
on a motor | ||||||
| 23 | vehicle required to be licensed, if the selling price of the | ||||||
| 24 | tender
is separately stated.
| ||||||
| 25 | Farm machinery and equipment shall include precision | ||||||
| |||||||
| |||||||
| 1 | farming equipment
that is
installed or purchased to be | ||||||
| 2 | installed on farm machinery and equipment
including, but not | ||||||
| 3 | limited to, tractors, harvesters, sprayers, planters,
seeders, | ||||||
| 4 | or spreaders.
Precision farming equipment includes, but is not | ||||||
| 5 | limited to,
soil testing sensors, computers, monitors, | ||||||
| 6 | software, global positioning
and mapping systems, and other | ||||||
| 7 | such equipment.
| ||||||
| 8 | Farm machinery and equipment also includes computers, | ||||||
| 9 | sensors, software, and
related equipment used primarily in the
| ||||||
| 10 | computer-assisted operation of production agriculture | ||||||
| 11 | facilities, equipment,
and activities such as, but
not limited | ||||||
| 12 | to,
the collection, monitoring, and correlation of
animal and | ||||||
| 13 | crop data for the purpose of
formulating animal diets and | ||||||
| 14 | agricultural chemicals. This item (2) is exempt
from the | ||||||
| 15 | provisions of
Section 2-70.
| ||||||
| 16 | (3) Until July 1, 2003, distillation machinery and | ||||||
| 17 | equipment, sold as a
unit or kit,
assembled or installed by the | ||||||
| 18 | retailer, certified by the user to be used
only for the | ||||||
| 19 | production of ethyl alcohol that will be used for consumption
| ||||||
| 20 | as motor fuel or as a component of motor fuel for the personal | ||||||
| 21 | use of the
user, and not subject to sale or resale.
| ||||||
| 22 | (4) Until July 1, 2003 and beginning again September 1, | ||||||
| 23 | 2004 through August 30, 2014, graphic arts machinery and | ||||||
| 24 | equipment, including
repair and
replacement parts, both new and | ||||||
| 25 | used, and including that manufactured on
special order or | ||||||
| 26 | purchased for lease, certified by the purchaser to be used
| ||||||
| |||||||
| |||||||
| 1 | primarily for graphic arts production.
Equipment includes | ||||||
| 2 | chemicals or
chemicals acting as catalysts but only if
the | ||||||
| 3 | chemicals or chemicals acting as catalysts effect a direct and | ||||||
| 4 | immediate
change upon a
graphic arts product.
| ||||||
| 5 | (5) A motor vehicle of the first division, a motor vehicle | ||||||
| 6 | of the second division that is a self contained motor vehicle | ||||||
| 7 | designed or permanently converted to provide living quarters | ||||||
| 8 | for recreational, camping, or travel use, with direct walk | ||||||
| 9 | through access to the living quarters from the driver's seat, | ||||||
| 10 | or a motor vehicle of the second division that is of the van | ||||||
| 11 | configuration designed for the transportation of not less than | ||||||
| 12 | 7 nor more than 16 passengers, as defined in Section 1-146 of | ||||||
| 13 | the Illinois Vehicle Code, that is used for automobile renting, | ||||||
| 14 | as defined in the Automobile Renting Occupation and Use Tax | ||||||
| 15 | Act. This paragraph is exempt from
the provisions of Section | ||||||
| 16 | 2-70.
| ||||||
| 17 | (6) Personal property sold by a teacher-sponsored student | ||||||
| 18 | organization
affiliated with an elementary or secondary school | ||||||
| 19 | located in Illinois.
| ||||||
| 20 | (7) Until July 1, 2003, proceeds of that portion of the | ||||||
| 21 | selling price of
a passenger car the
sale of which is subject | ||||||
| 22 | to the Replacement Vehicle Tax.
| ||||||
| 23 | (8) Personal property sold to an Illinois county fair | ||||||
| 24 | association for
use in conducting, operating, or promoting the | ||||||
| 25 | county fair.
| ||||||
| 26 | (9) Personal property sold to a not-for-profit arts
or | ||||||
| |||||||
| |||||||
| 1 | cultural organization that establishes, by proof required by | ||||||
| 2 | the Department
by
rule, that it has received an exemption under | ||||||
| 3 | Section 501(c)(3) of the
Internal Revenue Code and that is | ||||||
| 4 | organized and operated primarily for the
presentation
or | ||||||
| 5 | support of arts or cultural programming, activities, or | ||||||
| 6 | services. These
organizations include, but are not limited to, | ||||||
| 7 | music and dramatic arts
organizations such as symphony | ||||||
| 8 | orchestras and theatrical groups, arts and
cultural service | ||||||
| 9 | organizations, local arts councils, visual arts organizations,
| ||||||
| 10 | and media arts organizations.
On and after the effective date | ||||||
| 11 | of this amendatory Act of the 92nd General
Assembly, however, | ||||||
| 12 | an entity otherwise eligible for this exemption shall not
make | ||||||
| 13 | tax-free purchases unless it has an active identification | ||||||
| 14 | number issued by
the Department.
| ||||||
| 15 | (10) Personal property sold by a corporation, society, | ||||||
| 16 | association,
foundation, institution, or organization, other | ||||||
| 17 | than a limited liability
company, that is organized and | ||||||
| 18 | operated as a not-for-profit service enterprise
for the benefit | ||||||
| 19 | of persons 65 years of age or older if the personal property
| ||||||
| 20 | was not purchased by the enterprise for the purpose of resale | ||||||
| 21 | by the
enterprise.
| ||||||
| 22 | (11) Personal property sold to a governmental body, to a | ||||||
| 23 | corporation,
society, association, foundation, or institution | ||||||
| 24 | organized and operated
exclusively for charitable, religious, | ||||||
| 25 | or educational purposes, or to a
not-for-profit corporation, | ||||||
| 26 | society, association, foundation, institution,
or organization | ||||||
| |||||||
| |||||||
| 1 | that has no compensated officers or employees and that is
| ||||||
| 2 | organized and operated primarily for the recreation of persons | ||||||
| 3 | 55 years of
age or older. A limited liability company may | ||||||
| 4 | qualify for the exemption under
this paragraph only if the | ||||||
| 5 | limited liability company is organized and operated
| ||||||
| 6 | exclusively for educational purposes. On and after July 1, | ||||||
| 7 | 1987, however, no
entity otherwise eligible for this exemption | ||||||
| 8 | shall make tax-free purchases
unless it has an active | ||||||
| 9 | identification number issued by the Department.
| ||||||
| 10 | (12) Tangible personal property sold to
interstate | ||||||
| 11 | carriers
for hire for use as
rolling stock moving in interstate | ||||||
| 12 | commerce or to lessors under leases of
one year or longer | ||||||
| 13 | executed or in effect at the time of purchase by
interstate | ||||||
| 14 | carriers for hire for use as rolling stock moving in interstate
| ||||||
| 15 | commerce and equipment operated by a telecommunications | ||||||
| 16 | provider, licensed as a
common carrier by the Federal | ||||||
| 17 | Communications Commission, which is permanently
installed in | ||||||
| 18 | or affixed to aircraft moving in interstate commerce.
| ||||||
| 19 | (12-5) On and after July 1, 2003 and through June 30, 2004, | ||||||
| 20 | motor vehicles of the second division
with a gross vehicle | ||||||
| 21 | weight in excess of 8,000 pounds
that
are
subject to the | ||||||
| 22 | commercial distribution fee imposed under Section 3-815.1 of
| ||||||
| 23 | the Illinois
Vehicle Code. Beginning on July 1, 2004 and | ||||||
| 24 | through June 30, 2005, the use in this State of motor vehicles | ||||||
| 25 | of the second division: (i) with a gross vehicle weight rating | ||||||
| 26 | in excess of 8,000 pounds; (ii) that are subject to the | ||||||
| |||||||
| |||||||
| 1 | commercial distribution fee imposed under Section 3-815.1 of | ||||||
| 2 | the Illinois Vehicle Code; and (iii) that are primarily used | ||||||
| 3 | for commercial purposes. Through June 30, 2005, this
exemption | ||||||
| 4 | applies to repair and replacement parts added
after the
initial | ||||||
| 5 | purchase of such a motor vehicle if that motor vehicle is used | ||||||
| 6 | in a
manner that
would qualify for the rolling stock exemption | ||||||
| 7 | otherwise provided for in this
Act. For purposes of this | ||||||
| 8 | paragraph, "used for commercial purposes" means the | ||||||
| 9 | transportation of persons or property in furtherance of any | ||||||
| 10 | commercial or industrial enterprise whether for-hire or not.
| ||||||
| 11 | (13) Proceeds from sales to owners, lessors, or
shippers of
| ||||||
| 12 | tangible personal property that is utilized by interstate | ||||||
| 13 | carriers for
hire for use as rolling stock moving in interstate | ||||||
| 14 | commerce
and equipment operated by a telecommunications | ||||||
| 15 | provider, licensed as a
common carrier by the Federal | ||||||
| 16 | Communications Commission, which is
permanently installed in | ||||||
| 17 | or affixed to aircraft moving in interstate commerce.
| ||||||
| 18 | (14) Machinery and equipment that will be used by the | ||||||
| 19 | purchaser, or a
lessee of the purchaser, primarily in the | ||||||
| 20 | process of manufacturing or
assembling tangible personal | ||||||
| 21 | property for wholesale or retail sale or
lease, whether the | ||||||
| 22 | sale or lease is made directly by the manufacturer or by
some | ||||||
| 23 | other person, whether the materials used in the process are | ||||||
| 24 | owned by
the manufacturer or some other person, or whether the | ||||||
| 25 | sale or lease is made
apart from or as an incident to the | ||||||
| 26 | seller's engaging in the service
occupation of producing | ||||||
| |||||||
| |||||||
| 1 | machines, tools, dies, jigs, patterns, gauges, or
other similar | ||||||
| 2 | items of no commercial value on special order for a particular
| ||||||
| 3 | purchaser.
| ||||||
| 4 | (15) Proceeds of mandatory service charges separately | ||||||
| 5 | stated on
customers' bills for purchase and consumption of food | ||||||
| 6 | and beverages, to the
extent that the proceeds of the service | ||||||
| 7 | charge are in fact turned over as
tips or as a substitute for | ||||||
| 8 | tips to the employees who participate directly
in preparing, | ||||||
| 9 | serving, hosting or cleaning up the food or beverage function
| ||||||
| 10 | with respect to which the service charge is imposed.
| ||||||
| 11 | (16) Petroleum products sold to a purchaser if the seller
| ||||||
| 12 | is prohibited by federal law from charging tax to the | ||||||
| 13 | purchaser.
| ||||||
| 14 | (17) Tangible personal property sold to a common carrier by | ||||||
| 15 | rail or
motor that
receives the physical possession of the | ||||||
| 16 | property in Illinois and that
transports the property, or | ||||||
| 17 | shares with another common carrier in the
transportation of the | ||||||
| 18 | property, out of Illinois on a standard uniform bill
of lading | ||||||
| 19 | showing the seller of the property as the shipper or consignor | ||||||
| 20 | of
the property to a destination outside Illinois, for use | ||||||
| 21 | outside Illinois.
| ||||||
| 22 | (18) Legal tender, currency, medallions, or gold or silver | ||||||
| 23 | coinage
issued by the State of Illinois, the government of the | ||||||
| 24 | United States of
America, or the government of any foreign | ||||||
| 25 | country, and bullion.
| ||||||
| 26 | (19) Until July 1 2003, oil field exploration, drilling, | ||||||
| |||||||
| |||||||
| 1 | and production
equipment, including
(i) rigs and parts of rigs, | ||||||
| 2 | rotary rigs, cable tool
rigs, and workover rigs, (ii) pipe and | ||||||
| 3 | tubular goods, including casing and
drill strings, (iii) pumps | ||||||
| 4 | and pump-jack units, (iv) storage tanks and flow
lines, (v) any | ||||||
| 5 | individual replacement part for oil field exploration,
| ||||||
| 6 | drilling, and production equipment, and (vi) machinery and | ||||||
| 7 | equipment purchased
for lease; but
excluding motor vehicles | ||||||
| 8 | required to be registered under the Illinois
Vehicle Code.
| ||||||
| 9 | (20) Photoprocessing machinery and equipment, including | ||||||
| 10 | repair and
replacement parts, both new and used, including that | ||||||
| 11 | manufactured on
special order, certified by the purchaser to be | ||||||
| 12 | used primarily for
photoprocessing, and including | ||||||
| 13 | photoprocessing machinery and equipment
purchased for lease.
| ||||||
| 14 | (21) Until July 1, 2003, and beginning again on the | ||||||
| 15 | effective date of this amendatory Act of the 97th General | ||||||
| 16 | Assembly and thereafter, coal and aggregate exploration, | ||||||
| 17 | mining, offhighway hauling,
processing,
maintenance, and | ||||||
| 18 | reclamation equipment, including
replacement parts and | ||||||
| 19 | equipment, and including
equipment purchased for lease, but | ||||||
| 20 | excluding motor vehicles required to be
registered under the | ||||||
| 21 | Illinois Vehicle Code.
| ||||||
| 22 | (22) Fuel and petroleum products sold to or used by an air | ||||||
| 23 | carrier,
certified by the carrier to be used for consumption, | ||||||
| 24 | shipment, or storage
in the conduct of its business as an air | ||||||
| 25 | common carrier, for a flight
destined for or returning from a | ||||||
| 26 | location or locations
outside the United States without regard | ||||||
| |||||||
| |||||||
| 1 | to previous or subsequent domestic
stopovers.
| ||||||
| 2 | (23) A transaction in which the purchase order is received | ||||||
| 3 | by a florist
who is located outside Illinois, but who has a | ||||||
| 4 | florist located in Illinois
deliver the property to the | ||||||
| 5 | purchaser or the purchaser's donee in Illinois.
| ||||||
| 6 | (24) Fuel consumed or used in the operation of ships, | ||||||
| 7 | barges, or vessels
that are used primarily in or for the | ||||||
| 8 | transportation of property or the
conveyance of persons for | ||||||
| 9 | hire on rivers bordering on this State if the
fuel is delivered | ||||||
| 10 | by the seller to the purchaser's barge, ship, or vessel
while | ||||||
| 11 | it is afloat upon that bordering river.
| ||||||
| 12 | (25) Except as provided in item (25-5) of this Section, a
| ||||||
| 13 | motor vehicle sold in this State to a nonresident even though | ||||||
| 14 | the
motor vehicle is delivered to the nonresident in this | ||||||
| 15 | State, if the motor
vehicle is not to be titled in this State, | ||||||
| 16 | and if a drive-away permit
is issued to the motor vehicle as | ||||||
| 17 | provided in Section 3-603 of the Illinois
Vehicle Code or if | ||||||
| 18 | the nonresident purchaser has vehicle registration
plates to | ||||||
| 19 | transfer to the motor vehicle upon returning to his or her home
| ||||||
| 20 | state. The issuance of the drive-away permit or having
the
| ||||||
| 21 | out-of-state registration plates to be transferred is prima | ||||||
| 22 | facie evidence
that the motor vehicle will not be titled in | ||||||
| 23 | this State.
| ||||||
| 24 | (25-5) The exemption under item (25) does not apply if the | ||||||
| 25 | state in which the motor vehicle will be titled does not allow | ||||||
| 26 | a reciprocal exemption for a motor vehicle sold and delivered | ||||||
| |||||||
| |||||||
| 1 | in that state to an Illinois resident but titled in Illinois. | ||||||
| 2 | The tax collected under this Act on the sale of a motor vehicle | ||||||
| 3 | in this State to a resident of another state that does not | ||||||
| 4 | allow a reciprocal exemption shall be imposed at a rate equal | ||||||
| 5 | to the state's rate of tax on taxable property in the state in | ||||||
| 6 | which the purchaser is a resident, except that the tax shall | ||||||
| 7 | not exceed the tax that would otherwise be imposed under this | ||||||
| 8 | Act. At the time of the sale, the purchaser shall execute a | ||||||
| 9 | statement, signed under penalty of perjury, of his or her | ||||||
| 10 | intent to title the vehicle in the state in which the purchaser | ||||||
| 11 | is a resident within 30 days after the sale and of the fact of | ||||||
| 12 | the payment to the State of Illinois of tax in an amount | ||||||
| 13 | equivalent to the state's rate of tax on taxable property in | ||||||
| 14 | his or her state of residence and shall submit the statement to | ||||||
| 15 | the appropriate tax collection agency in his or her state of | ||||||
| 16 | residence. In addition, the retailer must retain a signed copy | ||||||
| 17 | of the statement in his or her records. Nothing in this item | ||||||
| 18 | shall be construed to require the removal of the vehicle from | ||||||
| 19 | this state following the filing of an intent to title the | ||||||
| 20 | vehicle in the purchaser's state of residence if the purchaser | ||||||
| 21 | titles the vehicle in his or her state of residence within 30 | ||||||
| 22 | days after the date of sale. The tax collected under this Act | ||||||
| 23 | in accordance with this item (25-5) shall be proportionately | ||||||
| 24 | distributed as if the tax were collected at the 6.25% general | ||||||
| 25 | rate imposed under this Act.
| ||||||
| 26 | (25-7) Beginning on July 1, 2007, no tax is imposed under | ||||||
| |||||||
| |||||||
| 1 | this Act on the sale of an aircraft, as defined in Section 3 of | ||||||
| 2 | the Illinois Aeronautics Act, if all of the following | ||||||
| 3 | conditions are met: | ||||||
| 4 | (1) the aircraft leaves this State within 15 days after | ||||||
| 5 | the later of either the issuance of the final billing for | ||||||
| 6 | the sale of the aircraft, or the authorized approval for | ||||||
| 7 | return to service, completion of the maintenance record | ||||||
| 8 | entry, and completion of the test flight and ground test | ||||||
| 9 | for inspection, as required by 14 C.F.R. 91.407; | ||||||
| 10 | (2) the aircraft is not based or registered in this | ||||||
| 11 | State after the sale of the aircraft; and | ||||||
| 12 | (3) the seller retains in his or her books and records | ||||||
| 13 | and provides to the Department a signed and dated | ||||||
| 14 | certification from the purchaser, on a form prescribed by | ||||||
| 15 | the Department, certifying that the requirements of this | ||||||
| 16 | item (25-7) are met. The certificate must also include the | ||||||
| 17 | name and address of the purchaser, the address of the | ||||||
| 18 | location where the aircraft is to be titled or registered, | ||||||
| 19 | the address of the primary physical location of the | ||||||
| 20 | aircraft, and other information that the Department may | ||||||
| 21 | reasonably require. | ||||||
| 22 | For purposes of this item (25-7): | ||||||
| 23 | "Based in this State" means hangared, stored, or otherwise | ||||||
| 24 | used, excluding post-sale customizations as defined in this | ||||||
| 25 | Section, for 10 or more days in each 12-month period | ||||||
| 26 | immediately following the date of the sale of the aircraft. | ||||||
| |||||||
| |||||||
| 1 | "Registered in this State" means an aircraft registered | ||||||
| 2 | with the Department of Transportation, Aeronautics Division, | ||||||
| 3 | or titled or registered with the Federal Aviation | ||||||
| 4 | Administration to an address located in this State. | ||||||
| 5 | This paragraph (25-7) is exempt from the provisions
of
| ||||||
| 6 | Section 2-70.
| ||||||
| 7 | (26) Semen used for artificial insemination of livestock | ||||||
| 8 | for direct
agricultural production.
| ||||||
| 9 | (27) Horses, or interests in horses, registered with and | ||||||
| 10 | meeting the
requirements of any of the
Arabian Horse Club | ||||||
| 11 | Registry of America, Appaloosa Horse Club, American Quarter
| ||||||
| 12 | Horse Association, United States
Trotting Association, or | ||||||
| 13 | Jockey Club, as appropriate, used for
purposes of breeding or | ||||||
| 14 | racing for prizes. This item (27) is exempt from the provisions | ||||||
| 15 | of Section 2-70, and the exemption provided for under this item | ||||||
| 16 | (27) applies for all periods beginning May 30, 1995, but no | ||||||
| 17 | claim for credit or refund is allowed on or after January 1, | ||||||
| 18 | 2008 (the effective date of Public Act 95-88)
for such taxes | ||||||
| 19 | paid during the period beginning May 30, 2000 and ending on | ||||||
| 20 | January 1, 2008 (the effective date of Public Act 95-88).
| ||||||
| 21 | (28) Computers and communications equipment utilized for | ||||||
| 22 | any
hospital
purpose
and equipment used in the diagnosis,
| ||||||
| 23 | analysis, or treatment of hospital patients sold to a lessor | ||||||
| 24 | who leases the
equipment, under a lease of one year or longer | ||||||
| 25 | executed or in effect at the
time of the purchase, to a
| ||||||
| 26 | hospital
that has been issued an active tax exemption | ||||||
| |||||||
| |||||||
| 1 | identification number by the
Department under Section 1g of | ||||||
| 2 | this Act.
| ||||||
| 3 | (29) Personal property sold to a lessor who leases the
| ||||||
| 4 | property, under a
lease of one year or longer executed or in | ||||||
| 5 | effect at the time of the purchase,
to a governmental body
that | ||||||
| 6 | has been issued an active tax exemption identification number | ||||||
| 7 | by the
Department under Section 1g of this Act.
| ||||||
| 8 | (30) Beginning with taxable years ending on or after | ||||||
| 9 | December
31, 1995
and
ending with taxable years ending on or | ||||||
| 10 | before December 31, 2004,
personal property that is
donated for | ||||||
| 11 | disaster relief to be used in a State or federally declared
| ||||||
| 12 | disaster area in Illinois or bordering Illinois by a | ||||||
| 13 | manufacturer or retailer
that is registered in this State to a | ||||||
| 14 | corporation, society, association,
foundation, or institution | ||||||
| 15 | that has been issued a sales tax exemption
identification | ||||||
| 16 | number by the Department that assists victims of the disaster
| ||||||
| 17 | who reside within the declared disaster area.
| ||||||
| 18 | (31) Beginning with taxable years ending on or after | ||||||
| 19 | December
31, 1995 and
ending with taxable years ending on or | ||||||
| 20 | before December 31, 2004, personal
property that is used in the | ||||||
| 21 | performance of infrastructure repairs in this
State, including | ||||||
| 22 | but not limited to municipal roads and streets, access roads,
| ||||||
| 23 | bridges, sidewalks, waste disposal systems, water and sewer | ||||||
| 24 | line extensions,
water distribution and purification | ||||||
| 25 | facilities, storm water drainage and
retention facilities, and | ||||||
| 26 | sewage treatment facilities, resulting from a State
or | ||||||
| |||||||
| |||||||
| 1 | federally declared disaster in Illinois or bordering Illinois | ||||||
| 2 | when such
repairs are initiated on facilities located in the | ||||||
| 3 | declared disaster area
within 6 months after the disaster.
| ||||||
| 4 | (32) Beginning July 1, 1999, game or game birds sold at a | ||||||
| 5 | "game breeding
and
hunting preserve area" as that term is used
| ||||||
| 6 | in the
Wildlife Code. This paragraph is exempt from the | ||||||
| 7 | provisions
of
Section 2-70.
| ||||||
| 8 | (33) A motor vehicle, as that term is defined in Section | ||||||
| 9 | 1-146
of the
Illinois Vehicle Code, that is donated to a | ||||||
| 10 | corporation, limited liability
company, society, association, | ||||||
| 11 | foundation, or institution that is determined by
the Department | ||||||
| 12 | to be organized and operated exclusively for educational
| ||||||
| 13 | purposes. For purposes of this exemption, "a corporation, | ||||||
| 14 | limited liability
company, society, association, foundation, | ||||||
| 15 | or institution organized and
operated
exclusively for | ||||||
| 16 | educational purposes" means all tax-supported public schools,
| ||||||
| 17 | private schools that offer systematic instruction in useful | ||||||
| 18 | branches of
learning by methods common to public schools and | ||||||
| 19 | that compare favorably in
their scope and intensity with the | ||||||
| 20 | course of study presented in tax-supported
schools, and | ||||||
| 21 | vocational or technical schools or institutes organized and
| ||||||
| 22 | operated exclusively to provide a course of study of not less | ||||||
| 23 | than 6 weeks
duration and designed to prepare individuals to | ||||||
| 24 | follow a trade or to pursue a
manual, technical, mechanical, | ||||||
| 25 | industrial, business, or commercial
occupation.
| ||||||
| 26 | (34) Beginning January 1, 2000, personal property, | ||||||
| |||||||
| |||||||
| 1 | including food, purchased
through fundraising events for the | ||||||
| 2 | benefit of a public or private elementary or
secondary school, | ||||||
| 3 | a group of those schools, or one or more school districts if
| ||||||
| 4 | the events are sponsored by an entity recognized by the school | ||||||
| 5 | district that
consists primarily of volunteers and includes | ||||||
| 6 | parents and teachers of the
school children. This paragraph | ||||||
| 7 | does not apply to fundraising events (i) for
the benefit of | ||||||
| 8 | private home instruction or (ii) for which the fundraising
| ||||||
| 9 | entity purchases the personal property sold at the events from | ||||||
| 10 | another
individual or entity that sold the property for the | ||||||
| 11 | purpose of resale by the
fundraising entity and that profits | ||||||
| 12 | from the sale to the fundraising entity.
This paragraph is | ||||||
| 13 | exempt from the provisions of Section 2-70.
| ||||||
| 14 | (35) Beginning January 1, 2000 and through December 31, | ||||||
| 15 | 2001, new or used
automatic vending machines that prepare and | ||||||
| 16 | serve hot food and beverages,
including coffee, soup, and other | ||||||
| 17 | items, and replacement parts for these
machines. Beginning | ||||||
| 18 | January 1, 2002 and through June 30, 2003, machines
and parts | ||||||
| 19 | for machines used in
commercial, coin-operated amusement and | ||||||
| 20 | vending business if a use or occupation
tax is paid on the | ||||||
| 21 | gross receipts derived from the use of the commercial,
| ||||||
| 22 | coin-operated amusement and vending machines. This paragraph | ||||||
| 23 | is exempt from
the provisions of Section 2-70.
| ||||||
| 24 | (35-5) Beginning August 23, 2001 and through June 30, 2016, | ||||||
| 25 | food for human consumption that is to be consumed off
the | ||||||
| 26 | premises where it is sold (other than alcoholic beverages, soft | ||||||
| |||||||
| |||||||
| 1 | drinks,
and food that has been prepared for immediate | ||||||
| 2 | consumption) and prescription
and nonprescription medicines, | ||||||
| 3 | drugs, medical appliances, and insulin, urine
testing | ||||||
| 4 | materials, syringes, and needles used by diabetics, for human | ||||||
| 5 | use, when
purchased for use by a person receiving medical | ||||||
| 6 | assistance under Article V of
the Illinois Public Aid Code who | ||||||
| 7 | resides in a licensed long-term care facility,
as defined in | ||||||
| 8 | the Nursing Home Care Act, or a licensed facility as defined in | ||||||
| 9 | the ID/DD Community Care Act or the Specialized Mental Health | ||||||
| 10 | Rehabilitation Act.
| ||||||
| 11 | (36) Beginning August 2, 2001, computers and | ||||||
| 12 | communications equipment
utilized for any hospital purpose and | ||||||
| 13 | equipment used in the diagnosis,
analysis, or treatment of | ||||||
| 14 | hospital patients sold to a lessor who leases the
equipment, | ||||||
| 15 | under a lease of one year or longer executed or in effect at | ||||||
| 16 | the
time of the purchase, to a hospital that has been issued an | ||||||
| 17 | active tax
exemption identification number by the Department | ||||||
| 18 | under Section 1g of this Act.
This paragraph is exempt from the | ||||||
| 19 | provisions of Section 2-70.
| ||||||
| 20 | (37) Beginning August 2, 2001, personal property sold to a | ||||||
| 21 | lessor who
leases the property, under a lease of one year or | ||||||
| 22 | longer executed or in effect
at the time of the purchase, to a | ||||||
| 23 | governmental body that has been issued an
active tax exemption | ||||||
| 24 | identification number by the Department under Section 1g
of | ||||||
| 25 | this Act. This paragraph is exempt from the provisions of | ||||||
| 26 | Section 2-70.
| ||||||
| |||||||
| |||||||
| 1 | (38) Beginning on January 1, 2002 and through June 30, | ||||||
| 2 | 2016, tangible personal property purchased
from an Illinois | ||||||
| 3 | retailer by a taxpayer engaged in centralized purchasing
| ||||||
| 4 | activities in Illinois who will, upon receipt of the property | ||||||
| 5 | in Illinois,
temporarily store the property in Illinois (i) for | ||||||
| 6 | the purpose of subsequently
transporting it outside this State | ||||||
| 7 | for use or consumption thereafter solely
outside this State or | ||||||
| 8 | (ii) for the purpose of being processed, fabricated, or
| ||||||
| 9 | manufactured into, attached to, or incorporated into other | ||||||
| 10 | tangible personal
property to be transported outside this State | ||||||
| 11 | and thereafter used or consumed
solely outside this State. The | ||||||
| 12 | Director of Revenue shall, pursuant to rules
adopted in | ||||||
| 13 | accordance with the Illinois Administrative Procedure Act, | ||||||
| 14 | issue a
permit to any taxpayer in good standing with the | ||||||
| 15 | Department who is eligible for
the exemption under this | ||||||
| 16 | paragraph (38). The permit issued under
this paragraph (38) | ||||||
| 17 | shall authorize the holder, to the extent and
in the manner | ||||||
| 18 | specified in the rules adopted under this Act, to purchase
| ||||||
| 19 | tangible personal property from a retailer exempt from the | ||||||
| 20 | taxes imposed by
this Act. Taxpayers shall maintain all | ||||||
| 21 | necessary books and records to
substantiate the use and | ||||||
| 22 | consumption of all such tangible personal property
outside of | ||||||
| 23 | the State of Illinois.
| ||||||
| 24 | (39) Beginning January 1, 2008, tangible personal property | ||||||
| 25 | used in the construction or maintenance of a community water | ||||||
| 26 | supply, as defined under Section 3.145 of the Environmental | ||||||
| |||||||
| |||||||
| 1 | Protection Act, that is operated by a not-for-profit | ||||||
| 2 | corporation that holds a valid water supply permit issued under | ||||||
| 3 | Title IV of the Environmental Protection Act. This paragraph is | ||||||
| 4 | exempt from the provisions of Section 2-70.
| ||||||
| 5 | (40) Beginning January 1, 2010, materials, parts, | ||||||
| 6 | equipment, components, and furnishings incorporated into or | ||||||
| 7 | upon an aircraft as part of the modification, refurbishment, | ||||||
| 8 | completion, replacement, repair, or maintenance of the | ||||||
| 9 | aircraft. This exemption includes consumable supplies used in | ||||||
| 10 | the modification, refurbishment, completion, replacement, | ||||||
| 11 | repair, and maintenance of aircraft, but excludes any | ||||||
| 12 | materials, parts, equipment, components, and consumable | ||||||
| 13 | supplies used in the modification, replacement, repair, and | ||||||
| 14 | maintenance of aircraft engines or power plants, whether such | ||||||
| 15 | engines or power plants are installed or uninstalled upon any | ||||||
| 16 | such aircraft. "Consumable supplies" include, but are not | ||||||
| 17 | limited to, adhesive, tape, sandpaper, general purpose | ||||||
| 18 | lubricants, cleaning solution, latex gloves, and protective | ||||||
| 19 | films. This exemption applies only to those organizations that | ||||||
| 20 | (i) hold an Air Agency Certificate and are empowered to operate | ||||||
| 21 | an approved repair station by the Federal Aviation | ||||||
| 22 | Administration, (ii) have a Class IV Rating, and (iii) conduct | ||||||
| 23 | operations in accordance with Part 145 of the Federal Aviation | ||||||
| 24 | Regulations. The exemption does not include aircraft operated | ||||||
| 25 | by a commercial air carrier providing scheduled passenger air | ||||||
| 26 | service pursuant to authority issued under Part 121 or Part 129 | ||||||
| |||||||
| |||||||
| 1 | of the Federal Aviation Regulations. | ||||||
| 2 | (41) Tangible personal property sold to a | ||||||
| 3 | public-facilities corporation, as described in Section | ||||||
| 4 | 11-65-10 of the Illinois Municipal Code, for purposes of | ||||||
| 5 | constructing or furnishing a municipal convention hall, but | ||||||
| 6 | only if the legal title to the municipal convention hall is | ||||||
| 7 | transferred to the municipality without any further | ||||||
| 8 | consideration by or on behalf of the municipality at the time | ||||||
| 9 | of the completion of the municipal convention hall or upon the | ||||||
| 10 | retirement or redemption of any bonds or other debt instruments | ||||||
| 11 | issued by the public-facilities corporation in connection with | ||||||
| 12 | the development of the municipal convention hall. This | ||||||
| 13 | exemption includes existing public-facilities corporations as | ||||||
| 14 | provided in Section 11-65-25 of the Illinois Municipal Code. | ||||||
| 15 | This paragraph is exempt from the provisions of Section 2-70. | ||||||
| 16 | (42) A motor vehicle sold to an Illinois resident who is a | ||||||
| 17 | service member on active duty or returning to Illinois from | ||||||
| 18 | active duty and who applies for registration of the motor | ||||||
| 19 | vehicle in Illinois while on active duty or within one year | ||||||
| 20 | after leaving active duty. For purposes of this exemption: | ||||||
| 21 | "active duty" means active duty pursuant to an executive order | ||||||
| 22 | of the President of the United States, an act of the Congress | ||||||
| 23 | of the United States, or an order of the Governor; and "service | ||||||
| 24 | member" means a member of the armed services or reserve forces | ||||||
| 25 | of the United States or a member of the Illinois National | ||||||
| 26 | Guard. | ||||||
| |||||||
| |||||||
| 1 | (Source: P.A. 96-116, eff. 7-31-09; 96-339, eff. 7-1-10; | ||||||
| 2 | 96-532, eff. 8-14-09; 96-759, eff. 1-1-10; 96-1000, eff. | ||||||
| 3 | 7-2-10; 97-38, eff. 6-28-11; 97-73, eff. 6-30-11; 97-227, eff. | ||||||
| 4 | 1-1-12; 97-431, eff. 8-16-11; 97-636, eff. 6-1-12; 97-767, eff. | ||||||
| 5 | 7-9-12.)
| ||||||
| 6 | Section 15. The Illinois Vehicle Code is amended by | ||||||
| 7 | changing Section 3-1001 as follows:
| ||||||
| 8 | (625 ILCS 5/3-1001) (from Ch. 95 1/2, par. 3-1001)
| ||||||
| 9 | Sec. 3-1001. A tax is hereby imposed on the privilege of | ||||||
| 10 | using, in this
State, any motor vehicle as defined in Section | ||||||
| 11 | 1-146 of this Code acquired by
gift, transfer, or purchase, and | ||||||
| 12 | having a year model designation preceding the
year of | ||||||
| 13 | application for title by 5 or fewer years prior to October 1, | ||||||
| 14 | 1985 and
10 or fewer years on and after October 1, 1985 and | ||||||
| 15 | prior to January 1, 1988.
On and after January 1, 1988, the tax | ||||||
| 16 | shall apply to all motor vehicles without
regard to model year. | ||||||
| 17 | Except that the tax shall not apply
| ||||||
| 18 | (i) if the use of the motor vehicle is otherwise taxed | ||||||
| 19 | under the Use Tax
Act;
| ||||||
| 20 | (ii) if the motor vehicle is bought and used by a
| ||||||
| 21 | governmental agency or a society, association, foundation | ||||||
| 22 | or institution
organized and operated exclusively for | ||||||
| 23 | charitable, religious or
educational purposes;
| ||||||
| 24 | (iii) if the use of the motor vehicle is not subject to | ||||||
| |||||||
| |||||||
| 1 | the Use Tax Act by
reason of subsection (a), (b), (c), (d), | ||||||
| 2 | (e) or (f) of Section 3-55 of that Act
dealing with the | ||||||
| 3 | prevention of actual or likely multistate taxation;
| ||||||
| 4 | (iv) to implements of husbandry;
| ||||||
| 5 | (v) when a junking certificate is issued pursuant to | ||||||
| 6 | Section 3-117(a)
of this Code;
| ||||||
| 7 | (vi) when a vehicle is subject to the replacement | ||||||
| 8 | vehicle tax imposed
by Section 3-2001 of this Act;
| ||||||
| 9 | (vii) when the transfer is a gift to a beneficiary in | ||||||
| 10 | the
administration of an estate and the beneficiary is a | ||||||
| 11 | surviving spouse.
| ||||||
| 12 | The tax shall also not apply to a motor vehicle sold to an | ||||||
| 13 | Illinois resident who is a service member on active duty or | ||||||
| 14 | returning to Illinois from active duty and who applies for | ||||||
| 15 | registration of the motor vehicle in Illinois while on active | ||||||
| 16 | duty or within one year after leaving active duty. For purposes | ||||||
| 17 | of this exemption: "active duty" means active duty pursuant to | ||||||
| 18 | an executive order of the President of the United States, an | ||||||
| 19 | act of the Congress of the United States, or an order of the | ||||||
| 20 | Governor; and "service member" means a member of the armed | ||||||
| 21 | services or reserve forces of the United States or a member of | ||||||
| 22 | the Illinois National Guard. | ||||||
| 23 | Prior to January 1, 1988, the rate of tax shall be 5% of | ||||||
| 24 | the selling
price for each purchase of a motor vehicle covered | ||||||
| 25 | by Section 3-1001 of
this Code. Except as hereinafter provided, | ||||||
| 26 | beginning January 1, 1988, the
rate of tax shall be as follows | ||||||
| ||||||||||||||||||||||||||||||||||||||||||||||||||||||
| ||||||||||||||||||||||||||||||||||||||||||||||||||||||
| 1 | for transactions in which the selling price
of the motor | |||||||||||||||||||||||||||||||||||||||||||||||||||||
| 2 | vehicle is less than $15,000:
| |||||||||||||||||||||||||||||||||||||||||||||||||||||
| ||||||||||||||||||||||||||||||||||||||||||||||||||||||
| 16 | Except as hereinafter provided, beginning January 1, 1988, the | |||||||||||||||||||||||||||||||||||||||||||||||||||||
| 17 | rate of
tax shall be as follows for transactions in which the | |||||||||||||||||||||||||||||||||||||||||||||||||||||
| 18 | selling price of the
motor vehicle is $15,000 or more:
| |||||||||||||||||||||||||||||||||||||||||||||||||||||
| ||||||||||||||||||||||||||||||||||||||||||||||||||||||
| 24 | For the following transactions, the tax rate shall be $15 for | |||||||||||||||||||||||||||||||||||||||||||||||||||||
| 25 | each
motor vehicle acquired in such transaction:
| |||||||||||||||||||||||||||||||||||||||||||||||||||||
| 26 | (i) when the transferee or purchaser is the spouse, | |||||||||||||||||||||||||||||||||||||||||||||||||||||
| |||||||
| |||||||
| 1 | mother, father,
brother, sister or child of the transferor;
| ||||||
| 2 | (ii) when the transfer is a gift to a beneficiary in | ||||||
| 3 | the administration
of an estate and the beneficiary is not | ||||||
| 4 | a surviving spouse;
| ||||||
| 5 | (iii) when a motor vehicle which has once been | ||||||
| 6 | subjected to the Illinois
retailers' occupation tax or use | ||||||
| 7 | tax is transferred in connection with the
organization, | ||||||
| 8 | reorganization, dissolution or partial liquidation of an
| ||||||
| 9 | incorporated or unincorporated business wherein the | ||||||
| 10 | beneficial ownership
is not changed.
| ||||||
| 11 | A claim that the transaction is taxable under subparagraph | ||||||
| 12 | (i) shall be
supported by such proof of family relationship as | ||||||
| 13 | provided by rules of the
Department.
| ||||||
| 14 | For a transaction in which a motorcycle, motor driven cycle | ||||||
| 15 | or moped is acquired the tax rate shall be $25.
| ||||||
| 16 | On and after October 1, 1985, 1/12 of $5,000,000 of the | ||||||
| 17 | moneys received
by the Department of Revenue pursuant to this | ||||||
| 18 | Section shall be paid each
month into the Build Illinois Fund | ||||||
| 19 | and the remainder into the General
Revenue Fund.
| ||||||
| 20 | The tax imposed by this Section shall be abated and no | ||||||
| 21 | longer imposed
when the amount deposited to secure the bonds | ||||||
| 22 | issued pursuant to the Build
Illinois Bond Act is sufficient to | ||||||
| 23 | provide for the payment of the principal
of, and interest and | ||||||
| 24 | premium, if any, on the bonds, as certified to the
State | ||||||
| 25 | Comptroller and the Director of Revenue by the Director of the
| ||||||
| 26 | Governor's Office of Management and Budget.
| ||||||
| |||||||
| |||||||
| 1 | (Source: P.A. 96-554, eff. 1-1-10.)
| ||||||