Ill. Admin. Code tit. 86, § 320.130 - Effective Date
a) The Regional
Transportation Authority Retailers' Occupation Tax is effective November 1,
1979. It applies to sales made in the course of the seller's engaging in the
business of selling tangible personal property at retail within the region on
or after the effective date of the ordinance. For this purpose, the date of the
sale is deemed to be the date of the delivery of the property. If delivery
occurs after the effective date, in a transaction in which receipts were
received before the effective date and tax was paid on such receipts when
received by the seller in accordance with Section
130.430
of the Retailers' Occupation Tax Regulations, no Regional Transportation
Authority Retailers' Occupation Tax will be due because of the delivery of the
property occurring after the effective date.
b) Furthermore, in the case of sales of
building materials to real estate improvement construction contractors for use
in performing construction contracts for third persons, if such property is
delivered to the contractor after the effective date of a rate increase but
will be used in performing a binding construction contract which was entered
into before the effective date of the increase and under which the contractor
is legally unable to shift the burden of the tax rate increase to his customer,
the applicable tax rate will be the rate which was in effect before the
effective date of the rate increase. Before a supplier may deliver materials to
a construction contractor after the effective date of a tax rate increase at
the rate which was in effect prior thereto, the purchasing contractor must give
such supplier a written, signed certification stating that specifically
described materials are being purchased for use in performing a binding
contract which was entered into before the effective date of the rate increase
(specifying such date) and under which the contractor is legally unable to
shift the burden of the tax rate increase to his customer, identifying the
construction contract in question by its date and by naming the contractor's
construction work involved, and by giving the location of the job site where
the construction contract is being performed or is to be performed.
c) The same rule applies when determining the
effective date of an increase in the rate of a Municipal Retailers' Occupation
Tax.
Notes
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