Bill Amendment: IL SB3169 | 2025-2026 | 104th General Assembly
NOTE: For additional amemendments please see the Bill Drafting List
Bill Title: REVENUE-AFFORDABLE HOUSING
Status: 2026-05-22 - Senate Committee Amendment No. 3 Rule 3-9(a) / Re-referred to Assignments [SB3169 Detail]
Download: Illinois-2025-SB3169-Senate_Amendment_003.html
Bill Title: REVENUE-AFFORDABLE HOUSING
Status: 2026-05-22 - Senate Committee Amendment No. 3 Rule 3-9(a) / Re-referred to Assignments [SB3169 Detail]
Download: Illinois-2025-SB3169-Senate_Amendment_003.html
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| 1 | AMENDMENT TO SENATE BILL 3169 | ||||||
| 2 | AMENDMENT NO. ______. Amend Senate Bill 3169 by replacing | ||||||
| 3 | everything after the enacting clause with the following: | ||||||
| 4 | "Section 1. Short title. This Act may be cited as the | ||||||
| 5 | Short-Term Rental Excise Tax Act. | ||||||
| 6 | Section 5. Definitions. As used in this Act: | ||||||
| 7 | "Department" means the Department of Revenue. | ||||||
| 8 | "Hosting platform" means a person who provides an online | ||||||
| 9 | application, software, website, or system through which a | ||||||
| 10 | short-term rental located in this State is advertised or held | ||||||
| 11 | out to the public as available to rent for occupancy. | ||||||
| 12 | "Net revenue realized" means the revenue collected by the | ||||||
| 13 | State under this Act, less the amount paid out as discounts | ||||||
| 14 | under Section 40 and refunds to short-term rental operators | ||||||
| 15 | for overpayment of liability under this Act. | ||||||
| 16 | "Occupancy" means the use or possession, or the right to | ||||||
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| |||||||
| 1 | the use or possession, of any short-term rental for any | ||||||
| 2 | purpose or the right to the use or possession of the | ||||||
| 3 | furnishings or to the services and accommodations accompanying | ||||||
| 4 | the use and possession of the short-term rental. | ||||||
| 5 | "Person" means any natural individual, firm, partnership, | ||||||
| 6 | association, joint stock company, joint venture, public or | ||||||
| 7 | private corporation, or limited liability company or any | ||||||
| 8 | receiver, executor, trustee, guardian, or other representative | ||||||
| 9 | appointed by order of any court. | ||||||
| 10 | "Renter" means the lessee or tenant of a short-term | ||||||
| 11 | rental. | ||||||
| 12 | "Rental price" means the gross amount of consideration for | ||||||
| 13 | the occupancy of a short-term rental, valued in money, whether | ||||||
| 14 | received in money or otherwise, including all receipts, cash, | ||||||
| 15 | credits, and property or services of any kind or nature. | ||||||
| 16 | "Rental price" includes any fee, charge, or commission | ||||||
| 17 | received from a guest by a re-renter of short-term rentals | ||||||
| 18 | specifically in connection with the re-rental of short-term | ||||||
| 19 | rentals. | ||||||
| 20 | "Re-renter of short-term rentals" means a person who is | ||||||
| 21 | not employed by the short-term rental operator but who, either | ||||||
| 22 | directly or indirectly, through agreements or arrangements | ||||||
| 23 | with third-parties, collects or processes the payment of rent | ||||||
| 24 | for a short-term rental located in this State and (i) obtains | ||||||
| 25 | the right or authority to grant control of, access to, or | ||||||
| 26 | occupancy of a short-term rental in this State to a renter of | ||||||
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| 1 | the short-term rental or (ii) facilitates the booking of a | ||||||
| 2 | short-term rental in this State. | ||||||
| 3 | "Short-term rental" means an owner-occupied, | ||||||
| 4 | tenant-occupied, or non-owner-occupied dwelling, including, | ||||||
| 5 | but not limited to, an apartment, house, cottage, or | ||||||
| 6 | condominium, located in this State, where: (i) at least one | ||||||
| 7 | room in the dwelling is rented to an occupant for a period of | ||||||
| 8 | less than 30 consecutive days; and (ii) all accommodations are | ||||||
| 9 | reserved in advance; provided, however, that a dwelling shall | ||||||
| 10 | be considered a single room if rented as such. | ||||||
| 11 | "Short-term rental marketplace" means a physical or | ||||||
| 12 | electronic place, forum, platform, application, or other | ||||||
| 13 | method by which short-term rental operators rent, lease, or | ||||||
| 14 | let, or offer to rent, lease, or let, short-term rentals. | ||||||
| 15 | "Short-term rental marketplace facilitator" means a person | ||||||
| 16 | who, pursuant to agreements with unrelated third-party | ||||||
| 17 | short-term rental operators, directly or indirectly through | ||||||
| 18 | one or more affiliates, facilitates the renting, leasing, or | ||||||
| 19 | letting of short-term rentals by unrelated third-party | ||||||
| 20 | short-term rental operators by: | ||||||
| 21 | (1) listing or advertising short-term rentals for | ||||||
| 22 | rent, lease, or letting by short-term rental operators in | ||||||
| 23 | a short-term rental marketplace, the renting, leasing, or | ||||||
| 24 | letting of which is subject to tax under this Act; and | ||||||
| 25 | (2) collecting, either directly or indirectly, through | ||||||
| 26 | agreements or arrangements with third parties, payment | ||||||
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| 1 | from renters and transmitting those payments to the | ||||||
| 2 | short-term rental operator, regardless of whether the | ||||||
| 3 | short-term rental marketplace facilitator receives | ||||||
| 4 | compensation or other consideration in exchange for its | ||||||
| 5 | services. | ||||||
| 6 | "Short-term rental marketplace facilitator" includes | ||||||
| 7 | re-renters of short-term rentals and hosting platforms that | ||||||
| 8 | otherwise meet the definition of "short-term rental | ||||||
| 9 | marketplace facilitator" set forth in this Section. | ||||||
| 10 | "Short-term rental operator" means any person engaged in | ||||||
| 11 | the business of renting, leasing, or letting a short-term | ||||||
| 12 | rental, including any person who rents, leases, or lets | ||||||
| 13 | short-term rentals through a short-term rental marketplace | ||||||
| 14 | operated by an unrelated third-party short-term rental | ||||||
| 15 | marketplace facilitator. | ||||||
| 16 | Section 10. Rate; exemptions. | ||||||
| 17 | (a) On and after January 1, 2027, a tax is imposed upon | ||||||
| 18 | each renter for the privilege of renting, leasing, or letting | ||||||
| 19 | a short-term rental in this State at the rate of 4% of the | ||||||
| 20 | rental price of that short-term rental. The rental price shall | ||||||
| 21 | not include taxes or charges that are added on account of the | ||||||
| 22 | liability arising from this tax or any tax imposed by the State | ||||||
| 23 | or any governmental agency on the occupation of renting, | ||||||
| 24 | leasing, or letting or on the privilege of using short-term | ||||||
| 25 | rentals or hotels, as defined in Section 2 of the Hotel | ||||||
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| 1 | Operators' Occupation Tax Act. The tax imposed under this Act | ||||||
| 2 | shall be in addition to all other occupation or privilege | ||||||
| 3 | taxes imposed by the State of Illinois or by any municipal | ||||||
| 4 | corporation or political subdivision thereof. | ||||||
| 5 | (b) The tax imposed by this Act shall be collected from the | ||||||
| 6 | renter by the short-term rental operator and shall be remitted | ||||||
| 7 | to the Department as provided in Section 40. Short-term rental | ||||||
| 8 | operators shall collect the tax from the renter by adding the | ||||||
| 9 | tax to the charge for the act or privilege of renting, leasing, | ||||||
| 10 | or letting a short-term rental in this State. The tax imposed | ||||||
| 11 | by this Act shall, when collected, be stated as a distinct item | ||||||
| 12 | separate and apart from the gross charge for renting, leasing, | ||||||
| 13 | or letting a short-term rental. The tax imposed by this Act | ||||||
| 14 | shall constitute a debt of the renter to the short-term rental | ||||||
| 15 | operator who provides such taxable services until paid and, if | ||||||
| 16 | unpaid, is recoverable at law in the same manner as the | ||||||
| 17 | original charge for such taxable services. If the renting, | ||||||
| 18 | leasing, or letting of a short-term rental is done through a | ||||||
| 19 | short-term rental marketplace facilitator that has met the tax | ||||||
| 20 | remittance threshold set forth in Section 15 of this Act, then | ||||||
| 21 | the short-term rental marketplace facilitator is the | ||||||
| 22 | short-term rental operator for the purposes of the taxes under | ||||||
| 23 | this Act. | ||||||
| 24 | (c) The tax under this Act is not imposed upon the | ||||||
| 25 | privilege of engaging in any business in interstate commerce | ||||||
| 26 | or otherwise, which business may not, under the Constitution | ||||||
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| 1 | and statutes of the United States or under any federal treaty, | ||||||
| 2 | be made the subject of taxation by this State. | ||||||
| 3 | (d) The tax imposed by this Act does not apply to the | ||||||
| 4 | renting, leasing, or letting of short-term rentals by an | ||||||
| 5 | entity that is organized and operated exclusively for | ||||||
| 6 | religious purposes and that possesses an active Exemption | ||||||
| 7 | Identification Number issued by the Department pursuant to the | ||||||
| 8 | Retailers' Occupation Tax Act if the renting, leasing, or | ||||||
| 9 | letting is in furtherance of the purposes for which the exempt | ||||||
| 10 | organization is organized. This subsection (d) is exempt from | ||||||
| 11 | Section 20 of this Act. | ||||||
| 12 | (e) The tax imposed by this Act does not apply to the | ||||||
| 13 | renting, leasing, or letting of short-term rentals by an | ||||||
| 14 | entity that is organized and operated exclusively by an | ||||||
| 15 | organization chartered by the United States Congress for the | ||||||
| 16 | purpose of providing disaster relief and that possesses an | ||||||
| 17 | active Exemption Identification Number issued by the | ||||||
| 18 | Department pursuant to the Retailers' Occupation Tax Act if | ||||||
| 19 | the renting, leasing, or letting is in furtherance of the | ||||||
| 20 | purposes for which the exempt organization is organized. This | ||||||
| 21 | subsection (e) is exempt from Section 20 of this Act. | ||||||
| 22 | (f) If any short-term rental operator collects an amount, | ||||||
| 23 | however designated, that purports to be for the renter's tax | ||||||
| 24 | liability measured by rental charges that are not subject to | ||||||
| 25 | the short-term rental excise tax under this Act, or if any | ||||||
| 26 | short-term rental operator, in collecting an amount, however | ||||||
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| 1 | designated, that purports to be for the renter's tax liability | ||||||
| 2 | measured by rental charges which are subject to the short-term | ||||||
| 3 | rental excise tax under this Act, collects more from the | ||||||
| 4 | renter than the renter's short-term rental excise tax | ||||||
| 5 | liability for the transaction is, the renter shall have a | ||||||
| 6 | legal right to claim a refund of that amount from the | ||||||
| 7 | short-term rental operator. If that amount is not refunded to | ||||||
| 8 | the renter, for any reason, the short-term rental operator is | ||||||
| 9 | liable to pay that amount to the Department. | ||||||
| 10 | Section 15. Short-term rental marketplace facilitators. | ||||||
| 11 | (a) A short-term rental marketplace facilitator meets the | ||||||
| 12 | tax remittance threshold for purposes of this Act if, during | ||||||
| 13 | the previous 12-month period, the cumulative gross rental | ||||||
| 14 | receipts received by the short-term rental marketplace | ||||||
| 15 | facilitator from the renting, leasing, or letting of | ||||||
| 16 | short-term rentals on the facilitator's own behalf or on | ||||||
| 17 | behalf of short-term rental operators, not including rental | ||||||
| 18 | receipts exempt from the tax under subsections (d) and (e) of | ||||||
| 19 | Section 10 of this Act, are greater than or equal to $100,000. | ||||||
| 20 | A short-term rental marketplace facilitator who meets the tax | ||||||
| 21 | remittance threshold and rents, leases, or lets Illinois | ||||||
| 22 | short-term rentals to renters is subject to all applicable | ||||||
| 23 | procedures and requirements of this Act. | ||||||
| 24 | A short-term rental marketplace facilitator shall | ||||||
| 25 | determine on a quarterly basis, ending on the last day of | ||||||
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| 1 | March, June, September, and December, whether it meets the tax | ||||||
| 2 | remittance threshold in this Section for the preceding | ||||||
| 3 | 12-month period. If the short-term rental marketplace | ||||||
| 4 | facilitator meets the tax remittance threshold for a 12-month | ||||||
| 5 | period, it is required to collect and remit the tax imposed | ||||||
| 6 | under this Act and to file all applicable returns for one year. | ||||||
| 7 | At the end of that one-year period, the short-term rental | ||||||
| 8 | marketplace facilitator shall determine whether it met the tax | ||||||
| 9 | remittance threshold for the preceding 12-month period. If the | ||||||
| 10 | short-term rental marketplace facilitator met the tax | ||||||
| 11 | remittance threshold for the preceding 12-month period, it is | ||||||
| 12 | required to continue to collect and remit the tax imposed | ||||||
| 13 | under this Act and file returns for the subsequent year. If, at | ||||||
| 14 | the end of a one-year period, a short-term rental marketplace | ||||||
| 15 | facilitator that was required to collect and remit the tax | ||||||
| 16 | imposed under this Act determines that it did not meet the tax | ||||||
| 17 | remittance threshold during the preceding 12-month period, the | ||||||
| 18 | short-term rental marketplace facilitator shall subsequently | ||||||
| 19 | determine on a quarterly basis, ending on the last day of | ||||||
| 20 | March, June, September, and December, whether it meets the tax | ||||||
| 21 | remittance threshold for the preceding 12-month period. | ||||||
| 22 | A short-term rental marketplace facilitator that meets the | ||||||
| 23 | tax remittance threshold shall be entitled to any credits, | ||||||
| 24 | deductions, or adjustments to rental receipts otherwise | ||||||
| 25 | provided to the short-term rental operator, in addition to any | ||||||
| 26 | adjustments provided directly to the short-term rental | ||||||
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| 1 | marketplace facilitator, including, but not limited to, | ||||||
| 2 | adjustments such as discounts, coupons, and rebates. In | ||||||
| 3 | addition, a short-term rental marketplace facilitator is | ||||||
| 4 | entitled to the discount provided in Section 40 of this Act on | ||||||
| 5 | all short-term rental marketplace rentals, leases, or | ||||||
| 6 | lettings, and the short-term rental operator shall not include | ||||||
| 7 | rentals, leases, or lettings made through such a short-term | ||||||
| 8 | rental marketplace facilitator when computing any discount on | ||||||
| 9 | remaining rentals, leases, or lettings. Short-term rental | ||||||
| 10 | marketplace facilitators shall report and remit the applicable | ||||||
| 11 | taxes under this Act on leases, rentals, or lettings | ||||||
| 12 | facilitated for short-term rental operators separately from | ||||||
| 13 | any taxes under this Act on taxable rentals, leases, or | ||||||
| 14 | lettings made directly by the short-term rental marketplace | ||||||
| 15 | facilitator or its affiliates. | ||||||
| 16 | The short-term rental marketplace facilitator that meets | ||||||
| 17 | the tax remittance threshold is liable for the remittance of | ||||||
| 18 | all applicable taxes under this Act on rentals, leases, or | ||||||
| 19 | lettings made through the short-term rental marketplace and is | ||||||
| 20 | subject to audit on all of those rentals, leases, or lettings. | ||||||
| 21 | The Department shall not audit short-term rental operators for | ||||||
| 22 | their short-term rental marketplace rentals, leases, or | ||||||
| 23 | lettings if the short-term rental marketplace facilitator | ||||||
| 24 | remitted the applicable taxes under this Act unless the | ||||||
| 25 | short-term rental marketplace facilitator seeks relief as a | ||||||
| 26 | result of incorrect information provided to the short-term | ||||||
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| 1 | rental marketplace facilitator by a short-term rental operator | ||||||
| 2 | as set forth in this Section. The short-term rental | ||||||
| 3 | marketplace facilitator shall not be held liable for tax on | ||||||
| 4 | any rentals, leases, or lettings made by a short-term rental | ||||||
| 5 | operator that take place outside of the short-term rental | ||||||
| 6 | marketplace and that are not a part of any agreement between a | ||||||
| 7 | short-term rental marketplace facilitator and a short-term | ||||||
| 8 | rental operator. In addition, short-term rental marketplace | ||||||
| 9 | facilitators shall not be held liable to the State of Illinois | ||||||
| 10 | for having charged and remitted an incorrect amount of tax | ||||||
| 11 | under this Act if, at the time of the rentals, leases, or | ||||||
| 12 | lettings, the tax is computed based on erroneous data provided | ||||||
| 13 | by the State on tax rates, boundaries, or taxing jurisdictions | ||||||
| 14 | or incorrect information provided to the short-term rental | ||||||
| 15 | marketplace facilitator by the short-term rental operator. | ||||||
| 16 | (b) A short-term rental marketplace facilitator that meets | ||||||
| 17 | the tax remittance threshold shall: | ||||||
| 18 | (1) provide notice to each short-term rental operator | ||||||
| 19 | at the time of the agreement between the short-term rental | ||||||
| 20 | marketplace facilitator and short-term rental operator | ||||||
| 21 | that the short-term rental marketplace facilitator assumes | ||||||
| 22 | the rights and duties of a short-term rental operator | ||||||
| 23 | under this Act with respect to rentals, leases, or | ||||||
| 24 | lettings made by the short-term rental operator through | ||||||
| 25 | the short-term rental marketplace; | ||||||
| 26 | (2) certify, upon request, to the short-term rental | ||||||
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| 1 | operator that the short-term rental marketplace | ||||||
| 2 | facilitator assumes the rights and duties of a short-term | ||||||
| 3 | rental operator under this Act with respect to rentals, | ||||||
| 4 | leases, or lettings made by the short-term rental operator | ||||||
| 5 | through the short-term rental marketplace; and | ||||||
| 6 | (3) collect and remit taxes imposed by this Act as | ||||||
| 7 | required by this Act for all rentals, leases, and lettings | ||||||
| 8 | made through the short-term rental marketplace. | ||||||
| 9 | (c) For any rentals, leases, and lettings made through a | ||||||
| 10 | short-term rental marketplace involving 2 or more parties that | ||||||
| 11 | meet the definition of short-term rental marketplace | ||||||
| 12 | facilitator, nothing in this Act shall prohibit those parties | ||||||
| 13 | from making an agreement regarding which party shall be | ||||||
| 14 | responsible for collecting and remitting taxes imposed by this | ||||||
| 15 | Act, so long as the party so responsible is registered with the | ||||||
| 16 | State for the purposes of remitting the taxes imposed by this | ||||||
| 17 | Act. If the parties enter into an agreement described in this | ||||||
| 18 | subsection, the party that agrees to collect and remit the | ||||||
| 19 | taxes imposed by this Act shall be the sole party liable for | ||||||
| 20 | the taxes imposed by this Act, and the other parties to the | ||||||
| 21 | agreement are not liable for the tax. Any party subject to such | ||||||
| 22 | an agreement must keep a copy of the agreement in its books and | ||||||
| 23 | records and provide a copy to the Department upon request. | ||||||
| 24 | (d) A short-term rental marketplace facilitator is subject | ||||||
| 25 | to audit on all short-term rental marketplace rentals, leases, | ||||||
| 26 | and lettings for which it is the short-term rental operator | ||||||
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| 1 | but shall not be liable for tax or subject to audit on rentals, | ||||||
| 2 | leases, or lettings made by short-term rental marketplace | ||||||
| 3 | operators outside of the short-term rental marketplace. | ||||||
| 4 | (e) Nothing in this Act shall allow the Department to | ||||||
| 5 | collect short-term rental excise taxes from both the | ||||||
| 6 | short-term rental marketplace facilitator and the short-term | ||||||
| 7 | rental operator on the same transaction. | ||||||
| 8 | Section 20. Sunset of exemptions, credits, and deductions. | ||||||
| 9 | The application of every exemption, credit, and deduction | ||||||
| 10 | against the tax imposed by this Act shall be limited by a | ||||||
| 11 | reasonable and appropriate sunset date. A taxpayer is not | ||||||
| 12 | entitled to tax the exemption, credit, or deduction beginning | ||||||
| 13 | on the sunset date and thereafter. If a reasonable and | ||||||
| 14 | appropriate sunset date is not specified in the Public Act | ||||||
| 15 | that creates the exemption, credit, or deduction, a taxpayer | ||||||
| 16 | shall not be entitled to take the exemption, credit, or | ||||||
| 17 | deduction beginning 5 years after the effective date of the | ||||||
| 18 | Public Act creating the exemption, credit, or deduction and | ||||||
| 19 | thereafter. | ||||||
| 20 | Section 25. Books and records. Every short-term rental | ||||||
| 21 | operator, every short-term rental marketplace facilitator that | ||||||
| 22 | is required to collect and remit the tax under this Act, and | ||||||
| 23 | every renter making direct tax payments to the Department | ||||||
| 24 | under this Act, shall keep separate books or records of his | ||||||
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| 1 | business as a short-term rental operator or short-term rental | ||||||
| 2 | marketplace facilitator so as to show the rents and | ||||||
| 3 | occupancies taxable under this Act separately from his | ||||||
| 4 | transactions that are not taxable under this Act. A short-term | ||||||
| 5 | rental operator's books and records shall also include | ||||||
| 6 | certificates provided by the short-term rental marketplace | ||||||
| 7 | facilitator under paragraph (2) of subsection (b) of Section | ||||||
| 8 | 15 of this Act for all rentals, leases, and lettings made | ||||||
| 9 | through a short-term rental marketplace in accordance with the | ||||||
| 10 | requirements of this Act. If any short-term rental operator or | ||||||
| 11 | short-term rental marketplace facilitator fails to keep such | ||||||
| 12 | separate books or records, that short-term rental operator or | ||||||
| 13 | short-term rental marketplace facilitator shall be liable for | ||||||
| 14 | the tax at the rate designated in Section 10 of this Act upon | ||||||
| 15 | the entire proceeds from the short-term rental operator's or | ||||||
| 16 | short-term rental marketplace facilitator's business. The | ||||||
| 17 | Department may adopt rules that establish requirements, | ||||||
| 18 | including record forms and formats, for records required to be | ||||||
| 19 | kept and maintained by short-term rental operators and | ||||||
| 20 | short-term rental marketplace facilitators. For purposes of | ||||||
| 21 | this Section, "records" means all data maintained by the | ||||||
| 22 | short-term rental operator or short-term rental marketplace | ||||||
| 23 | facilitator, including data on paper, microfilm, microfiche or | ||||||
| 24 | any type of machine-sensible data compilation. | ||||||
| 25 | Section 30. Certificate of registration. It shall be | ||||||
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| 1 | unlawful for any person to engage in business as a short-term | ||||||
| 2 | rental operator in this State without a certificate of | ||||||
| 3 | registration from the Department. A certificate of | ||||||
| 4 | registration issued to the short-term rental operator under | ||||||
| 5 | the Hotel Operators' Occupation Tax Act shall enable the | ||||||
| 6 | person to engage in business as a short-term rental operator | ||||||
| 7 | under this Act without the necessity of registering | ||||||
| 8 | separately. | ||||||
| 9 | All of the provisions of Sections 2a and 2b of the | ||||||
| 10 | Retailers' Occupation Tax Act, in effect on the effective date | ||||||
| 11 | of this Act, as subsequently amended, shall apply to | ||||||
| 12 | short-term rental operators to the same extent as if those | ||||||
| 13 | provisions were included in this Act. | ||||||
| 14 | Section 35. Tax collected as debt owed to State. Any | ||||||
| 15 | short-term rental operator required to collect the tax imposed | ||||||
| 16 | by this Act shall be liable to the Department for the tax, | ||||||
| 17 | whether or not the tax has been collected by the short-term | ||||||
| 18 | rental operator, and any such tax shall constitute a debt owed | ||||||
| 19 | by the short-term rental operator to this State. To the extent | ||||||
| 20 | that a short-term rental operator required to collect the tax | ||||||
| 21 | imposed by this Act has actually collected that tax, the tax is | ||||||
| 22 | held in trust for the benefit of the Department. | ||||||
| 23 | Section 40. Returns. Except as otherwise provided in this | ||||||
| 24 | Section, on or before the last day of each calendar month, | ||||||
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| 1 | every person engaged in business as a short-term rental | ||||||
| 2 | operator in this State during the preceding calendar month | ||||||
| 3 | shall file a return with the Department, stating: | ||||||
| 4 | (1) the name of the short-term rental operator; | ||||||
| 5 | (2) the short-term rental operator's residence | ||||||
| 6 | address, the address of the short-term rental operator's | ||||||
| 7 | principal place of business, and the address of the | ||||||
| 8 | principal place of business (if that is a different | ||||||
| 9 | address) from which the short-term rental operator engages | ||||||
| 10 | in business as a short-term rental operator in this State | ||||||
| 11 | (including, if required by the Department, the address of | ||||||
| 12 | each short-term rental from which rental receipts were | ||||||
| 13 | received); | ||||||
| 14 | (3) the total amount of short-term rental receipts | ||||||
| 15 | received by the short-term rental operator during the | ||||||
| 16 | preceding calendar month; | ||||||
| 17 | (4) the total amount of exclusions from the short-term | ||||||
| 18 | rental excise tax allowed by this Act; | ||||||
| 19 | (5) the total amount of short-term rental excise tax | ||||||
| 20 | collected during the preceding calendar month from | ||||||
| 21 | renting, leasing, or letting short-term rentals during | ||||||
| 22 | such preceding calendar month; | ||||||
| 23 | (6) the amount of tax due; and | ||||||
| 24 | (7) such other reasonable information as the | ||||||
| 25 | Department may require. | ||||||
| 26 | If the short-term rental operator's average monthly tax | ||||||
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| 1 | collected and due to the Department does not exceed $200, the | ||||||
| 2 | Department may authorize the short-term rental operator's | ||||||
| 3 | returns to be filed on a quarter annual basis, with the return | ||||||
| 4 | for January, February and March of a given year being due by | ||||||
| 5 | April 30 of such year; with the return for April, May and June | ||||||
| 6 | of a given year being due by July 31 of such year; with the | ||||||
| 7 | return for July, August and September of a given year being due | ||||||
| 8 | by October 31 of such year, and with the return for October, | ||||||
| 9 | November and December of a given year being due by January 31 | ||||||
| 10 | of the following year. | ||||||
| 11 | If the short-term rental operator's average monthly tax | ||||||
| 12 | collected and due to the Department does not exceed $50, the | ||||||
| 13 | Department may authorize the short-term rental operator's | ||||||
| 14 | returns to be filed on an annual basis, with the return for a | ||||||
| 15 | given year being due by January 31 of the following year. | ||||||
| 16 | Such quarter annual and annual returns, as to form and | ||||||
| 17 | substance, shall be subject to the same requirements as | ||||||
| 18 | monthly returns. | ||||||
| 19 | Notwithstanding any other provision in this Act concerning | ||||||
| 20 | the time within which a short-term rental operator may file | ||||||
| 21 | the short-term rental operator's return, in the case of any | ||||||
| 22 | short-term rental operator who ceases to engage in a kind of | ||||||
| 23 | business that makes the short-term rental operator responsible | ||||||
| 24 | for filing returns under this Act, such short-term rental | ||||||
| 25 | operator shall file a final return under this Act with the | ||||||
| 26 | Department not more than one month after discontinuing such | ||||||
| |||||||
| |||||||
| 1 | business. | ||||||
| 2 | Where the same person has more than one business | ||||||
| 3 | registered with the Department under separate registrations | ||||||
| 4 | under this Act, such person shall not file each return that is | ||||||
| 5 | due as a single return covering all such registered | ||||||
| 6 | businesses, but shall file separate returns for each such | ||||||
| 7 | registered business. | ||||||
| 8 | In the return, the short-term rental operator shall | ||||||
| 9 | determine the value of any consideration other than money | ||||||
| 10 | received by him in connection with engaging in business as a | ||||||
| 11 | short-term rental operator and the short-term rental operator | ||||||
| 12 | shall include such value in the short-term rental operator's | ||||||
| 13 | return. Such determination shall be subject to review and | ||||||
| 14 | revision by the Department in the manner provided for the | ||||||
| 15 | correction of returns. | ||||||
| 16 | Where the short-term rental operator is a corporation, the | ||||||
| 17 | return filed on behalf of such corporation shall be signed by | ||||||
| 18 | the president, vice-president, secretary or treasurer or by | ||||||
| 19 | the properly accredited agent of such corporation. | ||||||
| 20 | The person filing the return shall, at the time of filing | ||||||
| 21 | the return, pay to the Department the amount of tax imposed and | ||||||
| 22 | collected under this Act. The short-term rental operator | ||||||
| 23 | filing the return shall, at the time of filing, pay to the | ||||||
| 24 | Department the amount of tax collected under this Act less a | ||||||
| 25 | discount of 2.1% or $25 per calendar year, whichever is | ||||||
| 26 | greater, which is allowed to reimburse the short-term rental | ||||||
| |||||||
| |||||||
| 1 | operator for the expenses incurred in keeping records, | ||||||
| 2 | preparing and filing returns, remitting the tax and supplying | ||||||
| 3 | data to the Department on request. | ||||||
| 4 | If any payment provided for in this Section exceeds the | ||||||
| 5 | short-term rental operator's liabilities under this Act, as | ||||||
| 6 | shown on an original return, the Department may authorize the | ||||||
| 7 | short-term rental operator to credit such excess payment | ||||||
| 8 | against liability subsequently to be remitted to the | ||||||
| 9 | Department under this Act, in accordance with reasonable rules | ||||||
| 10 | adopted by the Department. If the Department subsequently | ||||||
| 11 | determines that all or any part of the credit taken was not | ||||||
| 12 | actually due to the short-term rental operator, the short-term | ||||||
| 13 | rental operator's discount shall be reduced by an amount equal | ||||||
| 14 | to the difference between the discount as applied to the | ||||||
| 15 | credit taken and that actually due, and that short-term rental | ||||||
| 16 | operator shall be liable for penalties and interest on such | ||||||
| 17 | difference. | ||||||
| 18 | If a short-term rental marketplace facilitator is required | ||||||
| 19 | to collect and remit the tax under this Act, the provisions of | ||||||
| 20 | this Section apply to the short-term rental marketplace | ||||||
| 21 | facilitator as if the short-term rental marketplace | ||||||
| 22 | facilitator had been the short-term rental operator. | ||||||
| 23 | Section 45. Incorporation of Retailers' Occupation Tax Act | ||||||
| 24 | and Uniform Penalty and Interest Act. All of the provisions of | ||||||
| 25 | Sections 4, 5, 5a, 5b, 5c, 5d, 5e, 5f, 5g, 5i, 5j, 6, 6a, 6b, | ||||||
| |||||||
| |||||||
| 1 | 6c, 7, 8, 9, 10, 11 and 12 of the Retailers' Occupation Tax Act | ||||||
| 2 | and Section 3-7 of the Uniform Penalty and Interest Act that | ||||||
| 3 | are not inconsistent with this Act shall apply to the renting, | ||||||
| 4 | leasing, or letting of short-term rentals in this State to the | ||||||
| 5 | same extent as if such provisions were included in this Act. | ||||||
| 6 | References in those incorporated Sections of the Retailers' | ||||||
| 7 | Occupation Tax Act to retailers, sellers, or persons engaged | ||||||
| 8 | in the business of selling tangible personal property mean | ||||||
| 9 | short-term rental operators. References in those incorporated | ||||||
| 10 | Sections of the Retailers' Occupation Tax Act to purchasers of | ||||||
| 11 | tangible personal property mean renters of short-term rentals. | ||||||
| 12 | References in those incorporated Sections of the Retailers' | ||||||
| 13 | Occupation Tax Act to sales of tangible personal property mean | ||||||
| 14 | the act or privilege of renting, leasing, or letting | ||||||
| 15 | short-term rentals as defined in this Act. | ||||||
| 16 | Section 50. Allocation of proceeds. All of the net revenue | ||||||
| 17 | realized from the tax imposed under this Act for the preceding | ||||||
| 18 | month shall be deposited each month into the Community Land | ||||||
| 19 | Trust Fund. | ||||||
| 20 | Section 55. Tax paid by renter. If a renter does not pay | ||||||
| 21 | the tax imposed by this Act to a short-term rental operator or | ||||||
| 22 | short-term rental marketplace facilitator, that renter shall | ||||||
| 23 | file a return with the Department and pay the tax upon that | ||||||
| 24 | portion of gross charges so paid to the short-term rental | ||||||
| |||||||
| |||||||
| 1 | operator during the preceding calendar month no later than the | ||||||
| 2 | last day of the month following that month. Those returns | ||||||
| 3 | shall be filed on a form prescribed by the Department and shall | ||||||
| 4 | contain such information as the Department may reasonably | ||||||
| 5 | require. | ||||||
| 6 | If a renter pays a tax imposed by this Act directly to the | ||||||
| 7 | Department, the Department (upon request from the renter) | ||||||
| 8 | shall issue an appropriate receipt to the renter showing that | ||||||
| 9 | the renter has paid the tax to the Department. That receipt | ||||||
| 10 | shall be sufficient to relieve the renter from further | ||||||
| 11 | liability for the amount of tax to which such receipt may | ||||||
| 12 | refer. | ||||||
| 13 | If it appears that an amount of tax or penalty or interest | ||||||
| 14 | under this Act has been paid in error to the Department by a | ||||||
| 15 | renter, as distinguished from the short-term rental operator | ||||||
| 16 | or short-term rental marketplace facilitator, whether such | ||||||
| 17 | amount be paid through a mistake of fact or an error of law, | ||||||
| 18 | that renter may file a claim for credit or refund with the | ||||||
| 19 | Department. | ||||||
| 20 | Section 60. Penalties. Any short-term rental operator, | ||||||
| 21 | short-term rental marketplace facilitator, or renter who fails | ||||||
| 22 | to make a return, or who makes a fraudulent return, or who | ||||||
| 23 | willingly violates any other provision of this Act or any rule | ||||||
| 24 | or regulation of the Department for the administration and | ||||||
| 25 | enforcement of this Act, is guilty of a Class 4 felony. | ||||||
| |||||||
| |||||||
| 1 | Section 65. Rulemaking. The Department shall adopt rules | ||||||
| 2 | to implement and administer this Act. The Department may adopt | ||||||
| 3 | rules in accordance with the Illinois Administrative Procedure | ||||||
| 4 | Act and prescribe forms relating to the administration and | ||||||
| 5 | enforcement of this Article as it deems appropriate. | ||||||
| 6 | Section 70. Illinois Administrative Procedure Act adopted. | ||||||
| 7 | The Illinois Administrative Procedure Act is hereby expressly | ||||||
| 8 | adopted and shall apply to all administrative rules and | ||||||
| 9 | procedures of the Department of Revenue under this Act, except | ||||||
| 10 | that: (1) paragraph (b) of Section 501 of the Illinois | ||||||
| 11 | Administrative Procedure Act does not apply to final orders, | ||||||
| 12 | decisions and opinions of the Department; (2) subparagraph | ||||||
| 13 | (a)2 of Section 5-10 of the Illinois Administrative Procedure | ||||||
| 14 | Act does not apply to forms established by the Department for | ||||||
| 15 | use under this Act; and (3) the provisions of Section 10-45 of | ||||||
| 16 | the Illinois Administrative Procedure Act regarding proposals | ||||||
| 17 | for decisions are excluded and not applicable to the | ||||||
| 18 | Department under this Act to the extent Section 10-45 applies | ||||||
| 19 | to hearings not otherwise subject to the Illinois Independent | ||||||
| 20 | Tax Tribunal Act of 2012. | ||||||
| 21 | Section 900. The Illinois Housing Development Act is | ||||||
| 22 | amended by adding Section 32.5 as follows: | ||||||
| |||||||
| |||||||
| 1 | (20 ILCS 3805/32.5 new) | ||||||
| 2 | Sec. 32.5. Community land trust program support. The | ||||||
| 3 | Authority shall ensure that program staff have expertise in | ||||||
| 4 | the community land trust model and shall implement procedures | ||||||
| 5 | that remove barriers to the timely and effective execution of | ||||||
| 6 | approved community land trust projects. | ||||||
| 7 | Section 905. The State Finance Act is amended by adding | ||||||
| 8 | Sections 5.1038 and 6z-149 as follows: | ||||||
| 9 | (30 ILCS 105/5.1038 new) | ||||||
| 10 | Sec. 5.1038. The Community Land Trust Fund. | ||||||
| 11 | (30 ILCS 105/6z-149 new) | ||||||
| 12 | Sec. 6z-149. The Community Land Trust Fund; creation. The | ||||||
| 13 | Community Land Trust Fund is created as a special fund in the | ||||||
| 14 | State treasury. The Fund may accept moneys from any lawful | ||||||
| 15 | source. Any interest earned on moneys in the Fund shall be | ||||||
| 16 | deposited into the Fund. Moneys in the Fund shall be used by | ||||||
| 17 | the Illinois Housing Development Authority for development, | ||||||
| 18 | staffing, and capacity building and technical assistance | ||||||
| 19 | related to community land trusts in the State. As used in this | ||||||
| 20 | Section, "community land trust" has the meaning given to that | ||||||
| 21 | term in the Community Land Trust Home Ownership Act. | ||||||
| 22 | Section 910. The Property Tax Code is amended by adding | ||||||
| |||||||
| |||||||
| 1 | Section 15-77 as follows: | ||||||
| 2 | (35 ILCS 200/15-77 new) | ||||||
| 3 | Sec. 15-77. Community land trusts. Beginning in taxable | ||||||
| 4 | year 2027, property that is owned by a non-profit community | ||||||
| 5 | land trust, as defined in the Community Land Trust Home | ||||||
| 6 | Ownership Act, and that is used exclusively for the creation | ||||||
| 7 | and maintenance of permanently affordable owner occupied | ||||||
| 8 | single-family or multifamily residences is exempt beginning | ||||||
| 9 | with the taxable year in which the property is acquired by the | ||||||
| 10 | community land trust and continuing through the taxable year | ||||||
| 11 | in which the property is sold to a homeowner. | ||||||
| 12 | Section 920. The Community Land Trust Home Ownership Act | ||||||
| 13 | is amended by changing Section 15 as follows: | ||||||
| 14 | (310 ILCS 130/15) | ||||||
| 15 | Sec. 15. Definitions. As used in this Act: | ||||||
| 16 | "501(c)(3) organization" means a nonprofit organization | ||||||
| 17 | that is exempt or qualified for exemption from taxation under | ||||||
| 18 | Section 501(c)(3) of the Internal Revenue Code of 1986. | ||||||
| 19 | "Community land trust" means a 501(c)(3) organization that | ||||||
| 20 | has as its primary purposes the creation and maintenance of | ||||||
| 21 | permanently affordable single-family or multifamily residences | ||||||
| 22 | subject to all of the following criteria: | ||||||
| 23 | (1) All single-family residences or multifamily | ||||||
| |||||||
| |||||||
| 1 | residences located on the land owned by the 501(c)(3) | ||||||
| 2 | organization or its wholly owned subsidiary must be | ||||||
| 3 | either: | ||||||
| 4 | (A) sold to a buyer who is qualified under the | ||||||
| 5 | community land trust's program rules and occupied as | ||||||
| 6 | the qualified buyer's primary residence; or | ||||||
| 7 | (B) rented to a person or persons whose household | ||||||
| 8 | income does not exceed the maximum allowable gross | ||||||
| 9 | household income, as determined by the community land | ||||||
| 10 | trust, for that dwelling or unit. | ||||||
| 11 | (2) Land that is owned by the 501(c)(3) organization | ||||||
| 12 | and that contains a single-family residence or multifamily | ||||||
| 13 | residence that is sold to a qualified buyer described in | ||||||
| 14 | subparagraph (A) of paragraph (1) shall be leased to the | ||||||
| 15 | qualified buyer for the buyer's convenient occupation and | ||||||
| 16 | use, subject to a ground lease with affordability | ||||||
| 17 | restrictions, for a renewable term of 99 years for the | ||||||
| 18 | purpose of maintaining dwellings or units that are | ||||||
| 19 | permanently affordable. | ||||||
| 20 | (3) In the case of dwellings or units that are part of | ||||||
| 21 | a condominium, cooperative, or other common interest | ||||||
| 22 | development and that are located on land that is owned by a | ||||||
| 23 | homeowners' association or a person other than the | ||||||
| 24 | community land trust, the condominium unit or interest | ||||||
| 25 | owned by the community land trust shall be sold to a | ||||||
| 26 | qualified buyer for the buyer's convenient occupation and | ||||||
| |||||||
| |||||||
| 1 | use, subject to a deed restriction or affordability | ||||||
| 2 | covenant that incorporates affordability restrictions for | ||||||
| 3 | a renewable term of at least 99 years and that is recorded | ||||||
| 4 | against the unit or interest for the purpose of | ||||||
| 5 | maintaining dwellings or units that are permanently | ||||||
| 6 | affordable. governed by a board of community land trusts | ||||||
| 7 | residents, community residents, and public representatives | ||||||
| 8 | that provide permanent or long-term affordability and | ||||||
| 9 | shared equity homeownership opportunities. | ||||||
| 10 | (Source: P.A. 104-370, eff. 8-15-25.) | ||||||
| 11 | Section 999. Effective date. This Act takes effect upon | ||||||
| 12 | becoming law.". | ||||||
