Ill. Admin. Code tit. 86, § 510.110 - Imposition of Tax
a) Through
December 31, 1997, there is imposed upon persons engaged in this State in the
business of distributing, supplying, furnishing or selling electricity to
persons, other than municipal corporations owning and operating a local
transportation system for public service in this State, for use or consumption
and not for resale, a tax at the rate of .32 cents per kilowatt-hour of
all electricity which is so distributed, supplied, furnished, or sold or
transmitted to or for each customer in the course of such business, or 5% of
the gross receipts received from each customer from such business, whichever is
the lower rate as applied to each customer for that customer's billing period,
provided that any change in rate imposed by P.A. 84-1093 shall
become effective only with bills having a meter reading date on or after
January 1, 1986. However, such taxes are not imposed with respect to any
transaction in interstate commerce, or otherwise, to the extent to which such
business may not, under the Constitution and statutes of the United States, be
made the subject of taxation by this State. Nothing in P.A. 84-1093
shall impose a tax with respect to any transaction with respect to
which no tax was imposed immediately preceding the effective date of
P.A. 84-1093. (Section 2 of the Act was repealed by P.A.
90-561, effective January 1, 1998)
b) Imposition of Tax on Distribution of
Electricity and Invested Capital beginning January 1, 1998
1) Beginning January 1, 1998, in
addition to the tax imposed by the Illinois Income Tax Act, there is
hereby imposed upon every taxpayer (other than an electric cooperative, a
school district or unit of local government as defined in Section 1 of Article
VII of the Illinois Constitution of 1970), an additional tax as
follows:
A)
for the first
500,000,000 kilowatt-hours distributed by the taxpayer in this State during the
taxable period, 0.031 cents per
kilowatt-hour;
B)
for the next 1,000,000,000 kilowatt-hours distributed by the taxpayer
in this State during the taxable period,
0.050 cents per
kilowatt-hour;
C)
for the next 2,500,000,000 kilowatt-hours distributed by the taxpayer
in this State during the taxable period,
0.070 cents per
kilowatt-hour;
D)
for the next 4,000,000,000 kilowatt-hours distributed by the taxpayer
in this State during the taxable period,
0.140 cents per
kilowatt-hour;
E)
for the next 7,000,000,000 kilowatt-hours distributed by the taxpayer
in this State during the taxable period,
0.180 cents per
kilowatt-hour;
F)
for the next 3,000,000,000 kilowatt-hours distributed by the taxpayer
in this State during the taxable period,
0.142 cents per kilowatt-hour;
and
G)
for all
kilowatt-hours distributed by the taxpayer in this State during the taxable
period in excess of 18,000,000,000 kilowatt-hours,
0.131 cents per
kilowatt-hour.
2) Beginning January 1, 1998, there
is imposed on electric cooperatives that are required to file reports
with the Rural Utilities Service, a tax equal to
0.8 % of such cooperative's
invested capital for the taxable period. The invested capital tax imposed by
this subsection shall not be imposed on electric cooperatives not required to
file reports with the Rural Utilities Service.
3)
If, for any taxable period, the
total amount received by the Department from the tax imposed by
subsection (b)(1) exceeds $145,279,553 plus, for taxable
periods subsequent to 1998, an amount equal to the lesser of (i) 5% or (ii) the
percentage increase in the Consumer Price Index during the immediately
preceding taxable period, of the total amount received by the Department from
the tax imposed by subsection (b)(1) for the immediately
preceding taxable period, determined after allowance of the credit provided for
in this subsection, the Department shall issue credit memoranda in the
aggregate amount of the excess to each of the taxpayers who paid any amount of
tax under subsection (b)(1) for that taxable period in the
proportion which the amount paid by the taxpayer bears to the total amount paid
by all such taxpayers. This calculation shall be made as of December 1 of the
year following the immediately preceding taxable period and shall consist of
only those returns with payment then on file with the Department. All future
amendments to returns and monies covering this period received after December 1
of the year following the taxable period will not be included in the
calculation of the affected taxable period or any other taxable period. The
provisions of this subsection are not subject to the Uniform
Penalty and Interest Act. Any credit memorandum issued to a taxpayer under this
subsection may be used as a credit by the taxpayer against its liability in
future taxable periods for tax under subsection (b)(1). Any
amount credited to a taxpayer shall not be refunded to the taxpayer unless the
taxpayer demonstrates to the reasonable satisfaction of the Department that it
will not incur future liability for tax under subsection
(b)(1). [35 ILCS 620/2a.1 ]
c)
The tax
imposed by the Act shall be in addition to all other
occupation or privilege taxes imposed by the State of Illinois or by any
municipal corporation or political subdivision thereof. [35 ILCS
620/14 ]
Notes
Amended at 16 Ill. Reg. 5990, effective March 31, 1992
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