Bill Amendment: IL SB3445 | 2017-2018 | 100th General Assembly

NOTE: For additional amemendments please see the Bill Drafting List
Bill Title: REVENUE-VARIOUS

Status: 2019-01-04 - Public Act . . . . . . . . . 100-1171 [SB3445 Detail]

Download: Illinois-2017-SB3445-Senate_Amendment_001.html

Sen. Pamela J. Althoff

Filed: 3/13/2018

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1
AMENDMENT TO SENATE BILL 3445
2 AMENDMENT NO. ______. Amend Senate Bill 3445 on page 5, by
3deleting lines 10 through 12; and
4on page 99, line 1, after "and", by inserting "a purchaser";
5and
6on page 100, line 1, after "aircraft." by inserting "Except as
7to motor vehicles, aircraft, watercraft, and trailers, and
8except as to cigarettes as defined in the Cigarette Use Tax
9Act, when tangible personal property is purchased out-of-state
10from a retailer by a purchaser who did not pay the tax imposed
11by this Act to the retailer, and a purchaser who does not file
12returns with the Department as a retailer under Section 9 of
13this Act, the liability for the tax imposed by the Act arises
14on the date such tangible personal property is brought into
15this State. The purchaser shall, within 30 days after such
16tangible personal property is brought into this State, file

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1with the Department, upon a form to be prescribed and supplied
2by the Department, a return for the tangible personal property
3purchased."; and
4on page 100, line 14, after "and", by inserting "a purchaser";
5and
6on page 100, line 18, after "cigarettes.", by inserting "When
7cigarettes, as defined in the Cigarette Use Tax Act, are
8purchased out-of-state from a retailer for use in this State by
9a purchaser who did not pay the tax imposed by this Act to the
10retailer, and a purchaser who does not file returns with the
11Department as a retailer under Section 9 of this Act, the
12liability for the tax imposed by the Act arises on the date
13such cigarettes are brought into this State. The purchaser
14shall, within 30 days after such cigarettes are brought into
15this State, file with the Department, upon a form to be
16prescribed and supplied by the Department, a return for the
17cigarettes purchased."; and
18on page 164, by replacing line 14 with the following:
19"who is exempt from tax by operation of"; and
20on page 210, by replacing lines 10 through 12 with the
21following:
22 "(16) Tangible personal property Petroleum products

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1 sold to a purchaser if the purchaser is exempt from use tax
2 seller is prohibited by operation of federal law from
3 charging tax to the purchaser. This paragraph is exempt
4 from the provisions of Section 2-70."; and
5on page 224, by deleting lines 14 through 17; and
6on page 270, line 21, after "State,", by inserting "except as
7otherwise provided in this Section,"; and
8on page 271, immediately below line 15, by inserting the
9following:
10 "In addition, with respect to motor vehicles, watercraft,
11aircraft, and trailers that are required to be registered with
12an agency of this State, every person who is engaged in the
13business of leasing or renting such items and who, in
14connection with such business, sells any such item to a
15retailer for the purpose of resale is, notwithstanding any
16other provision of this Section to the contrary, authorized to
17meet the return-filing requirement of this Act by reporting the
18transfer of all the aircraft, watercraft, motor vehicles, or
19trailers transferred for resale during a month to the
20Department on the same uniform invoice-transaction reporting
21return form on or before the 20th of the month following the
22month in which the transfer takes place. Notwithstanding any
23other provision of this Act to the contrary, all returns filed

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1under this paragraph must be filed by electronic means in the
2manner and form as required by the Department."; and
3on page 426, by replacing lines 20 through 22 with the
4following:
5 "This additional tax may not be imposed on tangible
6personal property taxed at the 1% rate under the Retailers'
7Occupation Tax Act the sales of food for human consumption
8that"; and
9by replacing everything from line 26 on page 428 through line 1
10on page 429 with the following:
11"not be imposed on tangible personal property taxed at the 1%
12rate under the Service Occupation Tax Act sales of food for
13human"; and
14on page 437, by replacing lines 9 through 11 with the
15following:
16 "This additional tax may not be imposed on tangible
17personal property taxed at the 1% rate under the Retailers'
18Occupation Tax Act the sale of food for human consumption
19that"; and
20on page 439, by replacing lines 6 through 8 with the following:
21 "This tax may not be imposed on tangible personal property
22taxed at the 1% rate under the Service Occupation Tax Act sales

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1of food for human consumption that is to be consumed off the";
2and
3on page 456, by replacing lines 3 through 5 with the following:
4"tax may not be imposed on tangible personal property taxed at
5the 1% rate under the Retailers' Occupation Tax Act the sale of
6food for human consumption that is to be consumed off"; and
7on page 458, by replacing lines 18 through 20 with the
8following:
9"tax may not be imposed on tangible personal property taxed at
10the 1% rate under the Service Occupation Tax Act the sale of
11food for human consumption that is to be consumed off the"; and
12on page 465, by replacing lines 13 through 15 with the
13following:
14"may not be imposed on tangible personal property taxed at the
151% rate under the Retailers' Occupation Tax Act the sales of
16food for human consumption that is to be consumed off the"; and
17on page 474, by replacing lines 7 through 9 with the following:
18"imposed only in 1/4% increments. The tax may not be imposed on
19tangible personal property taxed at the 1% rate under the
20Retailers' Occupation Tax Act the sale of food for human"; and
21on page 479, by replacing lines 20 through 22 with the

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1following:
2"imposed only in 1/4% increments. The tax may not be imposed on
3tangible personal property taxed at the 1% rate under the
4Service Occupation Tax Act the sale of food for human
5consumption"; and
6on page 484, line 7, by replacing "retailers" with "retailers'
7retailers"; and
8on page 484, by replacing lines 21 through 23 with the
9following:
10"in the municipality. This tax may not be imposed on tangible
11personal property taxed at the 1% rate under the Retailers'
12Occupation Tax Act the sales of food for human consumption
13that"; and
14on page 495, by replacing lines 9 through 11 with the
15following:
16"September 1, 1991, this additional tax may not be imposed on
17tangible personal property taxed at the 1% rate under the
18Retailers' Occupation Tax Act the sales of food for human
19consumption"; and
20on page 533, by replacing lines 18 through 20 with the
21following:
22 "This additional tax may not be imposed on tangible

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1personal property taxed at the 1% rate under the Retailers'
2Occupation Tax Act the sales of food for human consumption
3that"; and
4on page 547, line 2, by replacing "15" with "1%".
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