State Codes and Statutes

Statutes > Illinois > Chapter35 > 624 > 003506400HArt_2


      (35 ILCS 640/Art. 2 heading)
ARTICLE 2

    (35 ILCS 640/2‑1)
    Sec. 2‑1. Short title. This Article may be cited as the Electricity Excise Tax Law.
(Source: P.A. 90‑561, eff. 8‑1‑98.)

    (35 ILCS 640/2‑2)
    Sec. 2‑2. Findings and intent. The General Assembly finds that the deregulation and restructuring of the electric utility industry in this State mandated and implemented by this amendatory Act of 1997, including the unbundling of services and the authorization of competition in the provision of those services such that consumers may in the future transact with multiple providers to obtain the services that were formerly provided by a single franchised monopoly supplier of electricity, renders the system of taxation embodied in the Public Utilities Revenue Act impracticable and infeasible. The General Assembly further finds that the deregulation and restructuring of the electric utility industry necessitate changes to the existing system of taxation in order to preserve revenue neutrality in tax collections for the State of Illinois, to avoid placing any supplier engaged in the business of distributing, supplying, furnishing, selling, transmitting or delivering electricity at a competitive disadvantage, to minimize additional administrative costs and burdens of collection, and to avoid the imposition of increased tax burdens on individual consumers of electricity, particularly residential electric users virtually all of whom, pursuant to Section 2 of the Public Utilities Revenue Act, presently bear the economic burden of the tax imposed thereunder at the rate of .32 cents per kilowatt‑hour distributed, supplied, furnished, sold, transmitted or delivered to them. The General Assembly further finds that to change the current rates at which non‑residential users bear the economic burden of the Public Utilities Revenue Tax, thereby resulting in increases in the amount of tax for which non‑residential users bear the economic burden, could impose additional cost burdens on businesses in this State and adversely affect economic development and business retention in Illinois unless such users are provided options for paying an excise tax on the basis of purchase price. The General Assembly therefore finds that there is a compelling public need to modify the system of taxation embodied in the Public Utilities Revenue Act by repealing the tax imposed by Section 2 of that Act and imposing this electricity excise tax so as to:
        (1) Impose the electricity excise tax on the
     privilege of electric use measured by the kilowatt‑hours delivered to the purchaser;
        (2) As part of this amendatory Act of 1997, repeal
     the tax imposed by Section 2‑202 of the Public Utilities Act as applicable to electric utilities and establish the rates of tax imposed under the electricity excise tax in order to collect substantially the same amount of revenue as was collected under Section 2‑202 of that Act; and
        (3) Allow non‑residential consumers of electricity
     to elect to register with the Department of Revenue as self‑assessing purchasers and to pay the electricity excise tax directly to the Department at a rate which is established as a percentage of such consumer's purchase price for electricity distributed, supplied, furnished, sold, transmitted or delivered to the purchaser.
(Source: P.A. 90‑561, eff. 8‑1‑98.)

    (35 ILCS 640/2‑3)
    Sec. 2‑3. Definitions. As used in this Law, unless the context clearly requires otherwise:
    (a) "Department" means the Department of Revenue of the State of Illinois.
    (b) "Director" means the Director of the Department of Revenue of the State of Illinois.
    (c) "Person" means any natural individual, firm, trust, estate, partnership, association, joint stock company, joint venture, corporation, limited liability company, or a receiver, trustee, guardian, or other representative appointed by order of any court, or any city, town, village, county, or other political subdivision of this State.
    (d) "Purchase price" means the consideration paid for the distribution, supply, furnishing, sale, transmission or delivery of electricity to a person for non‑residential use or consumption (and for both residential and non‑residential use or consumption in the case of electricity purchased from a municipal system or electric cooperative described in subsection (b) of Section 2‑4) and not for resale, and for all services directly related to the production, transmission or distribution of electricity distributed, supplied, furnished, sold, transmitted or delivered for non‑residential use or consumption, and includes transition charges imposed in accordance with Article XVI of the Public Utilities Act and instrument funding charges imposed in accordance with Article XVIII of the Public Utilities Act, as well as cash, services and property of every kind or nature, and shall be determined without any deduction on account of the cost of the service, product or commodity supplied, the cost of materials used, labor or service costs, or any other expense whatsoever. However, "purchase price" shall not include consideration paid for:
        (i) any charge for a dishonored check;
        (ii) any finance or credit charge, penalty or charge
     for delayed payment, or discount for prompt payment;
        (iii) any charge for reconnection of service or for
     replacement or relocation of facilities;
        (iv) any advance or contribution in aid of
     construction;
        (v) repair, inspection or servicing of equipment
     located on customer premises;
        (vi) leasing or rental of equipment, the leasing or
     rental of which is not necessary to furnishing, supplying or selling electricity;
        (vii) any purchase by a purchaser if the supplier is
     prohibited by federal or State constitution, treaty, convention, statute or court decision from recovering the related tax liability from such purchaser; and
        (viii) any amounts added to purchasers' bills
     because of charges made pursuant to the tax imposed by this Law.
    In case credit is extended, the amount thereof shall be included only as and when payments are made.
    "Purchase price" shall not include consideration received from business enterprises certified under Section 9‑222.1 or 9‑222.1A of the Public Utilities Act, as amended, to the extent of such exemption and during the period of time specified by the Department of Commerce and Economic Opportunity.
    (e) "Purchaser" means any person who acquires electricity for use or consumption and not for resale, for a valuable consideration.
    (f) "Non‑residential electric use" means any use or consumption of electricity which is not residential electric use.
    (g) "Residential electric use" means electricity used or consumed at a dwelling of 2 or fewer units, or electricity for household purposes used or consumed at a building with multiple dwelling units where the electricity is registered by a separate meter for each dwelling unit.
    (h) "Self‑assessing purchaser" means a purchaser for non‑residential electric use who elects to register with and to pay tax directly to the Department in accordance with Sections 2‑10 and 2‑11 of this Law.
    (i) "Delivering supplier" means any person engaged in the business of delivering electricity to persons for use or consumption and not for resale, but not an entity engaged in the practice of resale and redistribution of electricity within a building prior to January 2, 1957, and who, in any case where more than one person participates in the delivery of electricity to a specific purchaser, is the last of the suppliers engaged in delivering the electricity prior to its receipt by the purchaser.
    (j) "Delivering supplier maintaining a place of business in this State", or any like term, means any delivering supplier having or maintaining within this State, directly or by a subsidiary, an office, generation facility, transmission facility, distribution facility, sales office or other place of business, or any employee, agent or other representative operating within this State under the authority of such delivering supplier or such delivering supplier's subsidiary, irrespective of whether such place of business or agent or other representative is located in this State permanently or temporarily, or whether such delivering supplier or such delivering supplier's subsidiary is licensed to do business in this State.
    (k) "Use" means the exercise by any person of any right or power over electricity incident to the ownership of that electricity, except that it does not include the generation, production, transmission, distribution, delivery or sale of electricity in the regular course of business or the use of electricity for such purposes.
(Source: P.A. 94‑793, eff. 5‑19‑06.)

    (35 ILCS 640/2‑4)
    Sec. 2‑4. Tax imposed.
    (a) Except as provided in subsection (b), a tax is imposed on the privilege of using in this State electricity purchased for use or consumption and not for resale, other than by municipal corporations owning and operating a local transportation system for public service, at the following rates per kilowatt‑hour delivered to the purchaser:
        (i) For the first 2000 kilowatt‑hours used or
     consumed in a month: 0.330 cents per kilowatt‑hour;
        (ii) For the next 48,000 kilowatt‑hours used or
     consumed in a month: 0.319 cents per kilowatt‑hour;
        (iii) For the next 50,000 kilowatt‑hours used or
     consumed in a month: 0.303 cents per kilowatt‑hour;
        (iv) For the next 400,000 kilowatt‑hours used or
     consumed in a month: 0.297 cents per kilowatt‑hour;
        (v) For the next 500,000 kilowatt‑hours used or
     consumed in a month: 0.286 cents per kilowatt‑hour;
        (vi) For the next 2,000,000 kilowatt‑hours used or
     consumed in a month: 0.270 cents per kilowatt‑hour;
        (vii) For the next 2,000,000 kilowatt‑hours used or
     consumed in a month: 0.254 cents per kilowatt‑hour;
        (viii) For the next 5,000,000 kilowatt‑hours used or
     consumed in a month: 0.233 cents per kilowatt‑hour;
        (ix) For the next 10,000,000 kilowatt‑hours used or
     consumed in a month: 0.207 cents per kilowatt‑hour;
        (x) For all electricity in excess of 20,000,000
     kilowatt‑hours used or consumed in a month: 0.202 cents per kilowatt‑hour.
    Provided, that in lieu of the foregoing rates, the tax is imposed on a self‑assessing purchaser at the rate of 5.1% of the self‑assessing purchaser's purchase price for all electricity distributed, supplied, furnished, sold, transmitted and delivered to the self‑assessing purchaser in a month.
    (b) A tax is imposed on the privilege of using in this State electricity purchased from a municipal system or electric cooperative, as defined in Article XVII of the Public Utilities Act, which has not made an election as permitted by either Section 17‑200 or Section 17‑300 of such Act, at the lesser of 0.32 cents per kilowatt hour of all electricity distributed, supplied, furnished, sold, transmitted, and delivered by such municipal system or electric cooperative to the purchaser or 5% of each such purchaser's purchase price for all electricity distributed, supplied, furnished, sold, transmitted, and delivered by such municipal system or electric cooperative to the purchaser, whichever is the lower rate as applied to each purchaser in each billing period.
    (c) The tax imposed by this Section 2‑4 is not imposed with respect to any use of electricity by business enterprises certified under Section 9‑222.1 or 9‑222.1A of the Public Utilities Act, as amended, to the extent of such exemption and during the time specified by the Department of Commerce and Economic Opportunity; or with respect to any transaction in interstate commerce, or otherwise, to the extent to which such transaction may not, under the Constitution and statutes of the United States, be made the subject of taxation by this State.
(Source: P.A. 94‑793, eff. 5‑19‑06.)

    (35 ILCS 640/2‑5)
    Sec. 2‑5. Multistate exemption. To prevent actual multi‑state taxation of the privilege that is subject to taxation under this Law, any purchaser, upon proof that purchaser has paid a tax in another state on such event, shall be allowed a credit against the tax imposed by this Law, to the extent of the amount of the tax properly due and paid in the other state.
(Source: P.A. 90‑561, eff. 8‑1‑98.)

    (35 ILCS 640/2‑6)
    Sec. 2‑6. Sunset of exemptions, credits and deductions. The application of every exemption, credit and deduction against tax imposed by this Law, shall be limited by a reasonable and appropriate sunset date. A purchaser subject to the tax imposed by this Law is not entitled to take the exemption, credit, or deduction beginning on the sunset date and thereafter. If a reasonable and appropriate sunset date is not specified in the Public Act that creates the exemption, credit, or deduction, a purchaser shall not be entitled to take the exemption, credit, or deduction beginning 5 years after the effective date of the Public Act creating the exemption, credit, or deduction and thereafter. The provisions of this Section shall not apply to the exemption provided by Section 2‑5 of this Law.
(Source: P.A. 90‑561, eff. 8‑1‑98.)

    (35 ILCS 640/2‑7)
    Sec. 2‑7. Collection of electricity excise tax.
    (a) Beginning with bills for electricity or electric service issued on and after August 1, 1998, the tax imposed by this Law shall be collected from the purchaser, other than a self‑assessing purchaser where the delivering supplier or suppliers are notified by the Department that the purchaser has been registered as a self‑assessing purchaser for the accounts listed by the self‑assessing purchaser as described in Section 2‑10 of this Law, by any delivering supplier maintaining a place of business in this State at the rates stated in Section 2‑4 with respect to the electricity delivered by such delivering supplier to or for the purchaser, and shall be remitted to the Department as provided in Section 2‑9 of this Law. All sales to a purchaser are presumed subject to tax collection unless the Department notifies the delivering supplier that the purchaser has been registered as a self‑assessing purchaser for the accounts listed by the self‑assessing purchaser as described in Section 2‑10 of this Law. Upon receipt of notification by the Department, the delivering supplier is relieved of all liability for the collection and remittance of tax from the self‑assessing purchaser for which notification was provided by the Department. The delivering supplier is relieved of the liability for the collection of the tax from a self‑assessing purchaser until such time as the delivering supplier is notified in writing by the Department that the purchaser's certification as a self‑assessing purchaser is no longer in effect. Delivering suppliers shall collect the tax from purchasers by adding the tax to the amount of the purchase price received from the purchaser for delivering electricity for or to the purchaser. Where a delivering supplier does not collect the tax from a purchaser, other than a self‑assessing purchaser, as provided herein, such purchaser shall pay the tax directly to the Department.
    (b) The credit allowed to a public utility under Section 8‑403.1 of the Public Utilities Act shall be allowed as a credit against the public utility's obligation to remit electricity excise tax described in Section 2‑9.
(Source: P.A. 90‑561, eff. 8‑1‑98; 90‑624, eff. 7‑10‑98; 90‑813, eff. 1‑29‑99.)

    (35 ILCS 640/2‑7.5)
    Sec. 2‑7.5. Registration of delivering suppliers. A person who engages in business as a delivering supplier of electricity in this State shall register with the Department. Application for a certificate of registration shall be made to the Department upon forms furnished by the Department and shall contain any reasonable information the Department may require. Upon receipt of the application for a certificate of registration in proper form, the Department shall issue to the applicant a certificate of registration.
    The Department may deny a certificate of registration to any applicant if such applicant is in default for moneys due under this Law.
    Any person aggrieved by any decision of the Department under this Section may, within 20 days after notice of such decision, protest and request a hearing, whereupon the Department shall give notice to such person of the time and place fixed for such hearing and shall hold a hearing in conformity with the provisions of this Law and then issue its final administrative decision in the matter to such person. In the absence of such a protest within 20 days, the Department's decision shall become final without any further determination being made or notice given.
(Source: P.A. 90‑561, eff. 8‑1‑98.)

    (35 ILCS 640/2‑7.6)
    Sec. 2‑7.6. Revocation of certificate of registration. The Department may, after notice and a hearing as provided herein, revoke the certificate of registration of any person who violates any of the provisions of this Law. Before revocation of a certificate of registration, the Department shall, within 90 days after non‑compliance and at least 7 days prior to the date of the hearing, give the person so accused notice in writing of the charge against him or her, and on the date designated shall conduct a hearing upon this matter. The lapse of such 90 day period shall not preclude the Department from conducting revocation proceedings at a later date if necessary. Any hearing held under this Section shall be conducted by the Director or by any officer or employee of the Department designated in writing by the Director.
    Upon the hearing of any such proceeding, the Director or any officer or employee of the Department designated in writing by the Director may administer oaths, and the Department may procure by its subpoena the attendance of witnesses and, by its subpoena duces tecum, the production of relevant books and papers. Any circuit court, upon application either of the accused or of the Department, may, by order duly entered, require the attendance of witnesses and the production of relevant books and papers before the Department in any hearing relating to the revocation of certificates of registration. Upon refusal or neglect to obey the order of the court, the court may compel obedience thereof by proceedings for contempt.
    The Department may, by application to any circuit court, obtain an injunction requiring any person who engages in business as a delivering supplier of electricity to obtain a certificate of registration. Upon refusal or neglect to obey the order of the court, the court may compel obedience by proceedings for contempt.
(Source: P.A. 90‑561, eff. 8‑1‑98.)

    (35 ILCS 640/2‑8)
    Sec. 2‑8. Tax collected as debt owed to State. The tax herein required to be collected by any delivering supplier maintaining a place of business in this State, and any such tax collected by that person, shall constitute a debt owed by that person to this State, provided, that the delivering supplier shall be allowed credit for such tax related to deliveries of electricity the charges for which are written off as uncollectible, and provided further, that if such charges are thereafter collected, the delivering supplier shall be obligated to remit such tax. For purposes of this Section, any partial payment not specifically identified by the purchaser shall be deemed to be for the delivery of electricity.
(Source: P.A. 90‑561, eff. 8‑1‑98.)

    (35 ILCS 640/2‑9)
    Sec. 2‑9. Return and payment of tax by delivering supplier. Each delivering supplier who is required or authorized to collect the tax imposed by this Law shall make a return to the Department on or before the 15th day of each month for the preceding calendar month stating the following:
        (1) The delivering supplier's name.
        (2) The address of the delivering supplier's
     principal place of business and the address of the principal place of business (if that is a different address) from which the delivering supplier engaged in the business of delivering electricity in this State.
        (3) The total number of kilowatt‑hours which the
     supplier delivered to or for purchasers during the preceding calendar month and upon the basis of which the tax is imposed.
        (4) Amount of tax, computed upon Item (3) at the
     rates stated in Section 2‑4.
        (5) An adjustment for uncollectible amounts of tax
     in respect of prior period kilowatt‑hour deliveries, determined in accordance with rules and regulations promulgated by the Department.
        (5.5) The amount of credits to which the taxpayer is
     entitled on account of purchases made under Section 8‑403.1 of the Public Utilities Act.
        (6) Such other information as the Department
     reasonably may require.
    In making such return the delivering supplier may use any reasonable method to derive reportable "kilowatt‑hours" from the delivering supplier's records.
    If the average monthly tax liability to the Department of the delivering supplier does not exceed $2,500, the Department may authorize the delivering supplier's returns to be filed on a quarter‑annual basis, with the return for January, February and March of a given year being due by April 30 of such year; with the return for April, May and June of a given year being due by July 31 of such year; with the return for July, August and September of a given year being due by October 31 of such year; and with the return for October, November and December of a given year being due by January 31 of the following year.
    If the average monthly tax liability to the Department of the delivering supplier does not exceed $1,000, the Department may authorize the delivering supplier's returns to be filed on an annual basis, with the return for a given year being due by January 31 of the following year.
    Such quarter‑annual and annual returns, as to form and substance, shall be subject to the same requirements as monthly returns.
    Notwithstanding any other provision in this Law concerning the time within which a delivering supplier may file a return, any such delivering supplier who ceases to engage in a kind of business which makes the person responsible for filing returns under this Law shall file a final return under this Law with the Department not more than one month after discontinuing such business.
    Each delivering supplier whose average monthly liability to the Department under this Law was $10,000 or more during the preceding calendar year, excluding the month of highest liability and the month of lowest liability in such calendar year, and who is not operated by a unit of local government, shall make estimated payments to the Department on or before the 7th, 15th, 22nd and last day of the month during which tax liability to the Department is incurred in an amount not less than the lower of either 22.5% of such delivering supplier's actual tax liability for the month or 25% of such delivering supplier's actual tax liability for the same calendar month of the preceding year. The amount of such quarter‑monthly payments shall be credited against the final tax liability of such delivering supplier's return for that month. An outstanding credit approved by the Department or a credit memorandum issued by the Department arising from such delivering supplier's overpayment of his or her final tax liability for any month may be applied to reduce the amount of any subsequent quarter‑monthly payment or credited against the final tax liability of such delivering supplier's return for any subsequent month. If any quarter‑monthly payment is not paid at the time or in the amount required by this Section, such delivering supplier shall be liable for penalty and interest on the difference between the minimum amount due as a payment and the amount of such payment actually and timely paid, except insofar as such delivering supplier has previously made payments for that month to the Department in excess of the minimum payments previously due.
    If the Director finds that the information required for the making of an accurate return cannot reasonably be compiled by such delivering supplier within 15 days after the close of the calendar month for which a return is to be made, the Director may grant an extension of time for the filing of such return for a period not to exceed 31 calendar days. The granting of such an extension may be conditioned upon the deposit by such delivering supplier with the Department of an amount of money not exceeding the amount estimated by the Director to be due with the return so extended. All such deposits shall be credited against such delivering supplier's liabilities under this Law. If the deposit exceeds such delivering supplier's present and probable future liabilities under this Law, the Department shall issue to such delivering supplier a credit memorandum, which may be assigned by such delivering supplier to a similar person under this Law, in accordance with reasonable rules and regulations to be prescribed by the Department.
    The delivering supplier making the return provided for in this Section shall, at the time of making such return, pay to the Department the amount of tax imposed by this Law.
    Until October 1, 2002, a delivering supplier who has an average monthly tax liability of $10,000 or more shall make all payments required by rules of the Department by electronic funds transfer. The term "average monthly tax liability" shall be the sum of the delivering supplier's liabilities under this Law for the immediately preceding calendar year divided by 12. Beginning on October 1, 2002, a taxpayer who has a tax liability in the amount set forth in subsection (b) of Section 2505‑210 of the Department of Revenue Law shall make all payments required by rules of the Department by electronic funds transfer. Any delivering supplier not required to make payments by electronic funds transfer may make payments by electronic funds transfer with the permission of the Department. All delivering suppliers required to make payments by electronic funds transfer and any delivering suppliers authorized to voluntarily make payments by electronic funds transfer shall make those payments in the manner authorized by the Department.
    Through June 30, 2004, each month the Department shall pay into the Public Utility Fund in the State treasury an amount determined by the Director to be equal to 3.0% of the funds received by the Department pursuant to this Section. Through June 30, 2004, the remainder of all moneys received by the Department under this Section shall be paid into the General Revenue Fund in the State treasury. Beginning on July 1, 2004, of the 3% of the funds received pursuant to this Section, each month the Department shall pay $416,667 into the General Revenue Fund and the balance shall be paid into the Public Utility Fund in the State treasury.
(Source: P.A. 92‑492, eff. 1‑1‑02; 93‑839, eff. 7‑30‑04.)

    (35 ILCS 640/2‑10)
    Sec. 2‑10. Election and registration to be self‑assessing purchaser. Any purchaser for non‑residential electric use may elect to register with the Department as a self‑assessing purchaser and to pay the tax imposed by Section 2‑4 directly to the Department, at the rate stated in that Section for self‑assessing purchasers, rather than paying the tax to such purchaser's delivering supplier. The election by a purchaser to register as a self‑assessing purchaser may not be revoked by the purchaser for at least 2 years thereafter. A purchaser who revokes his or her registration as a self‑assessing purchaser shall not thereafter be permitted to register as a self‑assessing purchaser within the succeeding 2 years. A self‑assessing purchaser shall renew his or her registration every 2 years, or the registration shall be deemed to be revoked.
    Application for a certificate of registration as a self‑assessing purchaser shall be made to the Department upon forms furnished by the Department and shall contain any reasonable information the Department may require. The self‑assessing purchaser shall be required to disclose the name of the delivering supplier or suppliers and each account numbers for which the self‑assessing purchaser elects to pay the tax imposed by Section 2‑4 directly to the Department. Upon receipt of the application for a certificate of registration in proper form and payment of an non‑refundable biennial fee of $200, the Department shall issue to the applicant a certificate of registration that permits the person to whom it was issued to pay the tax incurred under this Law directly to the Department for a period of 2 years. The Department shall notify the delivering supplier or suppliers that the applicant has been registered as a self‑assessing purchaser for the accounts listed by the self‑assessing purchaser. A certificate of registration under this Section shall be renewed upon application and payment of a non‑refundable biennial $200 fee, subject to revocation as provided by this Law, for additional 2‑year periods from the date of its expiration unless otherwise notified by the Department.
    Upon notification by the Department that an applicant has been registered as a self‑assessing purchaser, the delivering supplier is no longer required to collect the tax imposed by this Act for the accounts specifically listed by the self‑assessing purchaser, until the delivering supplier is notified by the Department as set forth below that the self‑assessing purchaser's certificate of registration has been expired, revoked, or denied.
    The Department may deny a certificate of registration to any applicant if the owner, any partner, any manager or member of a limited liability company, or a corporate officer of the applicant, is or has been the owner, a partner, a manager or member of a limited liability company, or a corporate officer, of another self‑assessing purchaser that is in default for moneys due under this Law.
    Any person aggrieved by any decision of the Department under this Section may, within 20 days after notice of such decision, protest and request a hearing, whereupon the Department shall give notice to such person of the time and place fixed for such hearing and shall hold a hearing in conformity with the provisions of this Law and then issue its final administrative decision in the matter to such person. In the absence of such a protest within 20 days, the Department's decision shall become final without any further determination being made or notice given. Upon the expiration, revocation, or denial of a certificate of registration as a self‑assessing purchaser, the Department of Revenue shall provide written notice of the expiration, revocation, or denial of the certificate to the self‑assessing purchaser's delivering supplier or suppliers.
(Source: P.A. 90‑561, eff. 8‑1‑98; 90‑624, eff. 7‑10‑98.)

State Codes and Statutes

Statutes > Illinois > Chapter35 > 624 > 003506400HArt_2


      (35 ILCS 640/Art. 2 heading)
ARTICLE 2

    (35 ILCS 640/2‑1)
    Sec. 2‑1. Short title. This Article may be cited as the Electricity Excise Tax Law.
(Source: P.A. 90‑561, eff. 8‑1‑98.)

    (35 ILCS 640/2‑2)
    Sec. 2‑2. Findings and intent. The General Assembly finds that the deregulation and restructuring of the electric utility industry in this State mandated and implemented by this amendatory Act of 1997, including the unbundling of services and the authorization of competition in the provision of those services such that consumers may in the future transact with multiple providers to obtain the services that were formerly provided by a single franchised monopoly supplier of electricity, renders the system of taxation embodied in the Public Utilities Revenue Act impracticable and infeasible. The General Assembly further finds that the deregulation and restructuring of the electric utility industry necessitate changes to the existing system of taxation in order to preserve revenue neutrality in tax collections for the State of Illinois, to avoid placing any supplier engaged in the business of distributing, supplying, furnishing, selling, transmitting or delivering electricity at a competitive disadvantage, to minimize additional administrative costs and burdens of collection, and to avoid the imposition of increased tax burdens on individual consumers of electricity, particularly residential electric users virtually all of whom, pursuant to Section 2 of the Public Utilities Revenue Act, presently bear the economic burden of the tax imposed thereunder at the rate of .32 cents per kilowatt‑hour distributed, supplied, furnished, sold, transmitted or delivered to them. The General Assembly further finds that to change the current rates at which non‑residential users bear the economic burden of the Public Utilities Revenue Tax, thereby resulting in increases in the amount of tax for which non‑residential users bear the economic burden, could impose additional cost burdens on businesses in this State and adversely affect economic development and business retention in Illinois unless such users are provided options for paying an excise tax on the basis of purchase price. The General Assembly therefore finds that there is a compelling public need to modify the system of taxation embodied in the Public Utilities Revenue Act by repealing the tax imposed by Section 2 of that Act and imposing this electricity excise tax so as to:
        (1) Impose the electricity excise tax on the
     privilege of electric use measured by the kilowatt‑hours delivered to the purchaser;
        (2) As part of this amendatory Act of 1997, repeal
     the tax imposed by Section 2‑202 of the Public Utilities Act as applicable to electric utilities and establish the rates of tax imposed under the electricity excise tax in order to collect substantially the same amount of revenue as was collected under Section 2‑202 of that Act; and
        (3) Allow non‑residential consumers of electricity
     to elect to register with the Department of Revenue as self‑assessing purchasers and to pay the electricity excise tax directly to the Department at a rate which is established as a percentage of such consumer's purchase price for electricity distributed, supplied, furnished, sold, transmitted or delivered to the purchaser.
(Source: P.A. 90‑561, eff. 8‑1‑98.)

    (35 ILCS 640/2‑3)
    Sec. 2‑3. Definitions. As used in this Law, unless the context clearly requires otherwise:
    (a) "Department" means the Department of Revenue of the State of Illinois.
    (b) "Director" means the Director of the Department of Revenue of the State of Illinois.
    (c) "Person" means any natural individual, firm, trust, estate, partnership, association, joint stock company, joint venture, corporation, limited liability company, or a receiver, trustee, guardian, or other representative appointed by order of any court, or any city, town, village, county, or other political subdivision of this State.
    (d) "Purchase price" means the consideration paid for the distribution, supply, furnishing, sale, transmission or delivery of electricity to a person for non‑residential use or consumption (and for both residential and non‑residential use or consumption in the case of electricity purchased from a municipal system or electric cooperative described in subsection (b) of Section 2‑4) and not for resale, and for all services directly related to the production, transmission or distribution of electricity distributed, supplied, furnished, sold, transmitted or delivered for non‑residential use or consumption, and includes transition charges imposed in accordance with Article XVI of the Public Utilities Act and instrument funding charges imposed in accordance with Article XVIII of the Public Utilities Act, as well as cash, services and property of every kind or nature, and shall be determined without any deduction on account of the cost of the service, product or commodity supplied, the cost of materials used, labor or service costs, or any other expense whatsoever. However, "purchase price" shall not include consideration paid for:
        (i) any charge for a dishonored check;
        (ii) any finance or credit charge, penalty or charge
     for delayed payment, or discount for prompt payment;
        (iii) any charge for reconnection of service or for
     replacement or relocation of facilities;
        (iv) any advance or contribution in aid of
     construction;
        (v) repair, inspection or servicing of equipment
     located on customer premises;
        (vi) leasing or rental of equipment, the leasing or
     rental of which is not necessary to furnishing, supplying or selling electricity;
        (vii) any purchase by a purchaser if the supplier is
     prohibited by federal or State constitution, treaty, convention, statute or court decision from recovering the related tax liability from such purchaser; and
        (viii) any amounts added to purchasers' bills
     because of charges made pursuant to the tax imposed by this Law.
    In case credit is extended, the amount thereof shall be included only as and when payments are made.
    "Purchase price" shall not include consideration received from business enterprises certified under Section 9‑222.1 or 9‑222.1A of the Public Utilities Act, as amended, to the extent of such exemption and during the period of time specified by the Department of Commerce and Economic Opportunity.
    (e) "Purchaser" means any person who acquires electricity for use or consumption and not for resale, for a valuable consideration.
    (f) "Non‑residential electric use" means any use or consumption of electricity which is not residential electric use.
    (g) "Residential electric use" means electricity used or consumed at a dwelling of 2 or fewer units, or electricity for household purposes used or consumed at a building with multiple dwelling units where the electricity is registered by a separate meter for each dwelling unit.
    (h) "Self‑assessing purchaser" means a purchaser for non‑residential electric use who elects to register with and to pay tax directly to the Department in accordance with Sections 2‑10 and 2‑11 of this Law.
    (i) "Delivering supplier" means any person engaged in the business of delivering electricity to persons for use or consumption and not for resale, but not an entity engaged in the practice of resale and redistribution of electricity within a building prior to January 2, 1957, and who, in any case where more than one person participates in the delivery of electricity to a specific purchaser, is the last of the suppliers engaged in delivering the electricity prior to its receipt by the purchaser.
    (j) "Delivering supplier maintaining a place of business in this State", or any like term, means any delivering supplier having or maintaining within this State, directly or by a subsidiary, an office, generation facility, transmission facility, distribution facility, sales office or other place of business, or any employee, agent or other representative operating within this State under the authority of such delivering supplier or such delivering supplier's subsidiary, irrespective of whether such place of business or agent or other representative is located in this State permanently or temporarily, or whether such delivering supplier or such delivering supplier's subsidiary is licensed to do business in this State.
    (k) "Use" means the exercise by any person of any right or power over electricity incident to the ownership of that electricity, except that it does not include the generation, production, transmission, distribution, delivery or sale of electricity in the regular course of business or the use of electricity for such purposes.
(Source: P.A. 94‑793, eff. 5‑19‑06.)

    (35 ILCS 640/2‑4)
    Sec. 2‑4. Tax imposed.
    (a) Except as provided in subsection (b), a tax is imposed on the privilege of using in this State electricity purchased for use or consumption and not for resale, other than by municipal corporations owning and operating a local transportation system for public service, at the following rates per kilowatt‑hour delivered to the purchaser:
        (i) For the first 2000 kilowatt‑hours used or
     consumed in a month: 0.330 cents per kilowatt‑hour;
        (ii) For the next 48,000 kilowatt‑hours used or
     consumed in a month: 0.319 cents per kilowatt‑hour;
        (iii) For the next 50,000 kilowatt‑hours used or
     consumed in a month: 0.303 cents per kilowatt‑hour;
        (iv) For the next 400,000 kilowatt‑hours used or
     consumed in a month: 0.297 cents per kilowatt‑hour;
        (v) For the next 500,000 kilowatt‑hours used or
     consumed in a month: 0.286 cents per kilowatt‑hour;
        (vi) For the next 2,000,000 kilowatt‑hours used or
     consumed in a month: 0.270 cents per kilowatt‑hour;
        (vii) For the next 2,000,000 kilowatt‑hours used or
     consumed in a month: 0.254 cents per kilowatt‑hour;
        (viii) For the next 5,000,000 kilowatt‑hours used or
     consumed in a month: 0.233 cents per kilowatt‑hour;
        (ix) For the next 10,000,000 kilowatt‑hours used or
     consumed in a month: 0.207 cents per kilowatt‑hour;
        (x) For all electricity in excess of 20,000,000
     kilowatt‑hours used or consumed in a month: 0.202 cents per kilowatt‑hour.
    Provided, that in lieu of the foregoing rates, the tax is imposed on a self‑assessing purchaser at the rate of 5.1% of the self‑assessing purchaser's purchase price for all electricity distributed, supplied, furnished, sold, transmitted and delivered to the self‑assessing purchaser in a month.
    (b) A tax is imposed on the privilege of using in this State electricity purchased from a municipal system or electric cooperative, as defined in Article XVII of the Public Utilities Act, which has not made an election as permitted by either Section 17‑200 or Section 17‑300 of such Act, at the lesser of 0.32 cents per kilowatt hour of all electricity distributed, supplied, furnished, sold, transmitted, and delivered by such municipal system or electric cooperative to the purchaser or 5% of each such purchaser's purchase price for all electricity distributed, supplied, furnished, sold, transmitted, and delivered by such municipal system or electric cooperative to the purchaser, whichever is the lower rate as applied to each purchaser in each billing period.
    (c) The tax imposed by this Section 2‑4 is not imposed with respect to any use of electricity by business enterprises certified under Section 9‑222.1 or 9‑222.1A of the Public Utilities Act, as amended, to the extent of such exemption and during the time specified by the Department of Commerce and Economic Opportunity; or with respect to any transaction in interstate commerce, or otherwise, to the extent to which such transaction may not, under the Constitution and statutes of the United States, be made the subject of taxation by this State.
(Source: P.A. 94‑793, eff. 5‑19‑06.)

    (35 ILCS 640/2‑5)
    Sec. 2‑5. Multistate exemption. To prevent actual multi‑state taxation of the privilege that is subject to taxation under this Law, any purchaser, upon proof that purchaser has paid a tax in another state on such event, shall be allowed a credit against the tax imposed by this Law, to the extent of the amount of the tax properly due and paid in the other state.
(Source: P.A. 90‑561, eff. 8‑1‑98.)

    (35 ILCS 640/2‑6)
    Sec. 2‑6. Sunset of exemptions, credits and deductions. The application of every exemption, credit and deduction against tax imposed by this Law, shall be limited by a reasonable and appropriate sunset date. A purchaser subject to the tax imposed by this Law is not entitled to take the exemption, credit, or deduction beginning on the sunset date and thereafter. If a reasonable and appropriate sunset date is not specified in the Public Act that creates the exemption, credit, or deduction, a purchaser shall not be entitled to take the exemption, credit, or deduction beginning 5 years after the effective date of the Public Act creating the exemption, credit, or deduction and thereafter. The provisions of this Section shall not apply to the exemption provided by Section 2‑5 of this Law.
(Source: P.A. 90‑561, eff. 8‑1‑98.)

    (35 ILCS 640/2‑7)
    Sec. 2‑7. Collection of electricity excise tax.
    (a) Beginning with bills for electricity or electric service issued on and after August 1, 1998, the tax imposed by this Law shall be collected from the purchaser, other than a self‑assessing purchaser where the delivering supplier or suppliers are notified by the Department that the purchaser has been registered as a self‑assessing purchaser for the accounts listed by the self‑assessing purchaser as described in Section 2‑10 of this Law, by any delivering supplier maintaining a place of business in this State at the rates stated in Section 2‑4 with respect to the electricity delivered by such delivering supplier to or for the purchaser, and shall be remitted to the Department as provided in Section 2‑9 of this Law. All sales to a purchaser are presumed subject to tax collection unless the Department notifies the delivering supplier that the purchaser has been registered as a self‑assessing purchaser for the accounts listed by the self‑assessing purchaser as described in Section 2‑10 of this Law. Upon receipt of notification by the Department, the delivering supplier is relieved of all liability for the collection and remittance of tax from the self‑assessing purchaser for which notification was provided by the Department. The delivering supplier is relieved of the liability for the collection of the tax from a self‑assessing purchaser until such time as the delivering supplier is notified in writing by the Department that the purchaser's certification as a self‑assessing purchaser is no longer in effect. Delivering suppliers shall collect the tax from purchasers by adding the tax to the amount of the purchase price received from the purchaser for delivering electricity for or to the purchaser. Where a delivering supplier does not collect the tax from a purchaser, other than a self‑assessing purchaser, as provided herein, such purchaser shall pay the tax directly to the Department.
    (b) The credit allowed to a public utility under Section 8‑403.1 of the Public Utilities Act shall be allowed as a credit against the public utility's obligation to remit electricity excise tax described in Section 2‑9.
(Source: P.A. 90‑561, eff. 8‑1‑98; 90‑624, eff. 7‑10‑98; 90‑813, eff. 1‑29‑99.)

    (35 ILCS 640/2‑7.5)
    Sec. 2‑7.5. Registration of delivering suppliers. A person who engages in business as a delivering supplier of electricity in this State shall register with the Department. Application for a certificate of registration shall be made to the Department upon forms furnished by the Department and shall contain any reasonable information the Department may require. Upon receipt of the application for a certificate of registration in proper form, the Department shall issue to the applicant a certificate of registration.
    The Department may deny a certificate of registration to any applicant if such applicant is in default for moneys due under this Law.
    Any person aggrieved by any decision of the Department under this Section may, within 20 days after notice of such decision, protest and request a hearing, whereupon the Department shall give notice to such person of the time and place fixed for such hearing and shall hold a hearing in conformity with the provisions of this Law and then issue its final administrative decision in the matter to such person. In the absence of such a protest within 20 days, the Department's decision shall become final without any further determination being made or notice given.
(Source: P.A. 90‑561, eff. 8‑1‑98.)

    (35 ILCS 640/2‑7.6)
    Sec. 2‑7.6. Revocation of certificate of registration. The Department may, after notice and a hearing as provided herein, revoke the certificate of registration of any person who violates any of the provisions of this Law. Before revocation of a certificate of registration, the Department shall, within 90 days after non‑compliance and at least 7 days prior to the date of the hearing, give the person so accused notice in writing of the charge against him or her, and on the date designated shall conduct a hearing upon this matter. The lapse of such 90 day period shall not preclude the Department from conducting revocation proceedings at a later date if necessary. Any hearing held under this Section shall be conducted by the Director or by any officer or employee of the Department designated in writing by the Director.
    Upon the hearing of any such proceeding, the Director or any officer or employee of the Department designated in writing by the Director may administer oaths, and the Department may procure by its subpoena the attendance of witnesses and, by its subpoena duces tecum, the production of relevant books and papers. Any circuit court, upon application either of the accused or of the Department, may, by order duly entered, require the attendance of witnesses and the production of relevant books and papers before the Department in any hearing relating to the revocation of certificates of registration. Upon refusal or neglect to obey the order of the court, the court may compel obedience thereof by proceedings for contempt.
    The Department may, by application to any circuit court, obtain an injunction requiring any person who engages in business as a delivering supplier of electricity to obtain a certificate of registration. Upon refusal or neglect to obey the order of the court, the court may compel obedience by proceedings for contempt.
(Source: P.A. 90‑561, eff. 8‑1‑98.)

    (35 ILCS 640/2‑8)
    Sec. 2‑8. Tax collected as debt owed to State. The tax herein required to be collected by any delivering supplier maintaining a place of business in this State, and any such tax collected by that person, shall constitute a debt owed by that person to this State, provided, that the delivering supplier shall be allowed credit for such tax related to deliveries of electricity the charges for which are written off as uncollectible, and provided further, that if such charges are thereafter collected, the delivering supplier shall be obligated to remit such tax. For purposes of this Section, any partial payment not specifically identified by the purchaser shall be deemed to be for the delivery of electricity.
(Source: P.A. 90‑561, eff. 8‑1‑98.)

    (35 ILCS 640/2‑9)
    Sec. 2‑9. Return and payment of tax by delivering supplier. Each delivering supplier who is required or authorized to collect the tax imposed by this Law shall make a return to the Department on or before the 15th day of each month for the preceding calendar month stating the following:
        (1) The delivering supplier's name.
        (2) The address of the delivering supplier's
     principal place of business and the address of the principal place of business (if that is a different address) from which the delivering supplier engaged in the business of delivering electricity in this State.
        (3) The total number of kilowatt‑hours which the
     supplier delivered to or for purchasers during the preceding calendar month and upon the basis of which the tax is imposed.
        (4) Amount of tax, computed upon Item (3) at the
     rates stated in Section 2‑4.
        (5) An adjustment for uncollectible amounts of tax
     in respect of prior period kilowatt‑hour deliveries, determined in accordance with rules and regulations promulgated by the Department.
        (5.5) The amount of credits to which the taxpayer is
     entitled on account of purchases made under Section 8‑403.1 of the Public Utilities Act.
        (6) Such other information as the Department
     reasonably may require.
    In making such return the delivering supplier may use any reasonable method to derive reportable "kilowatt‑hours" from the delivering supplier's records.
    If the average monthly tax liability to the Department of the delivering supplier does not exceed $2,500, the Department may authorize the delivering supplier's returns to be filed on a quarter‑annual basis, with the return for January, February and March of a given year being due by April 30 of such year; with the return for April, May and June of a given year being due by July 31 of such year; with the return for July, August and September of a given year being due by October 31 of such year; and with the return for October, November and December of a given year being due by January 31 of the following year.
    If the average monthly tax liability to the Department of the delivering supplier does not exceed $1,000, the Department may authorize the delivering supplier's returns to be filed on an annual basis, with the return for a given year being due by January 31 of the following year.
    Such quarter‑annual and annual returns, as to form and substance, shall be subject to the same requirements as monthly returns.
    Notwithstanding any other provision in this Law concerning the time within which a delivering supplier may file a return, any such delivering supplier who ceases to engage in a kind of business which makes the person responsible for filing returns under this Law shall file a final return under this Law with the Department not more than one month after discontinuing such business.
    Each delivering supplier whose average monthly liability to the Department under this Law was $10,000 or more during the preceding calendar year, excluding the month of highest liability and the month of lowest liability in such calendar year, and who is not operated by a unit of local government, shall make estimated payments to the Department on or before the 7th, 15th, 22nd and last day of the month during which tax liability to the Department is incurred in an amount not less than the lower of either 22.5% of such delivering supplier's actual tax liability for the month or 25% of such delivering supplier's actual tax liability for the same calendar month of the preceding year. The amount of such quarter‑monthly payments shall be credited against the final tax liability of such delivering supplier's return for that month. An outstanding credit approved by the Department or a credit memorandum issued by the Department arising from such delivering supplier's overpayment of his or her final tax liability for any month may be applied to reduce the amount of any subsequent quarter‑monthly payment or credited against the final tax liability of such delivering supplier's return for any subsequent month. If any quarter‑monthly payment is not paid at the time or in the amount required by this Section, such delivering supplier shall be liable for penalty and interest on the difference between the minimum amount due as a payment and the amount of such payment actually and timely paid, except insofar as such delivering supplier has previously made payments for that month to the Department in excess of the minimum payments previously due.
    If the Director finds that the information required for the making of an accurate return cannot reasonably be compiled by such delivering supplier within 15 days after the close of the calendar month for which a return is to be made, the Director may grant an extension of time for the filing of such return for a period not to exceed 31 calendar days. The granting of such an extension may be conditioned upon the deposit by such delivering supplier with the Department of an amount of money not exceeding the amount estimated by the Director to be due with the return so extended. All such deposits shall be credited against such delivering supplier's liabilities under this Law. If the deposit exceeds such delivering supplier's present and probable future liabilities under this Law, the Department shall issue to such delivering supplier a credit memorandum, which may be assigned by such delivering supplier to a similar person under this Law, in accordance with reasonable rules and regulations to be prescribed by the Department.
    The delivering supplier making the return provided for in this Section shall, at the time of making such return, pay to the Department the amount of tax imposed by this Law.
    Until October 1, 2002, a delivering supplier who has an average monthly tax liability of $10,000 or more shall make all payments required by rules of the Department by electronic funds transfer. The term "average monthly tax liability" shall be the sum of the delivering supplier's liabilities under this Law for the immediately preceding calendar year divided by 12. Beginning on October 1, 2002, a taxpayer who has a tax liability in the amount set forth in subsection (b) of Section 2505‑210 of the Department of Revenue Law shall make all payments required by rules of the Department by electronic funds transfer. Any delivering supplier not required to make payments by electronic funds transfer may make payments by electronic funds transfer with the permission of the Department. All delivering suppliers required to make payments by electronic funds transfer and any delivering suppliers authorized to voluntarily make payments by electronic funds transfer shall make those payments in the manner authorized by the Department.
    Through June 30, 2004, each month the Department shall pay into the Public Utility Fund in the State treasury an amount determined by the Director to be equal to 3.0% of the funds received by the Department pursuant to this Section. Through June 30, 2004, the remainder of all moneys received by the Department under this Section shall be paid into the General Revenue Fund in the State treasury. Beginning on July 1, 2004, of the 3% of the funds received pursuant to this Section, each month the Department shall pay $416,667 into the General Revenue Fund and the balance shall be paid into the Public Utility Fund in the State treasury.
(Source: P.A. 92‑492, eff. 1‑1‑02; 93‑839, eff. 7‑30‑04.)

    (35 ILCS 640/2‑10)
    Sec. 2‑10. Election and registration to be self‑assessing purchaser. Any purchaser for non‑residential electric use may elect to register with the Department as a self‑assessing purchaser and to pay the tax imposed by Section 2‑4 directly to the Department, at the rate stated in that Section for self‑assessing purchasers, rather than paying the tax to such purchaser's delivering supplier. The election by a purchaser to register as a self‑assessing purchaser may not be revoked by the purchaser for at least 2 years thereafter. A purchaser who revokes his or her registration as a self‑assessing purchaser shall not thereafter be permitted to register as a self‑assessing purchaser within the succeeding 2 years. A self‑assessing purchaser shall renew his or her registration every 2 years, or the registration shall be deemed to be revoked.
    Application for a certificate of registration as a self‑assessing purchaser shall be made to the Department upon forms furnished by the Department and shall contain any reasonable information the Department may require. The self‑assessing purchaser shall be required to disclose the name of the delivering supplier or suppliers and each account numbers for which the self‑assessing purchaser elects to pay the tax imposed by Section 2‑4 directly to the Department. Upon receipt of the application for a certificate of registration in proper form and payment of an non‑refundable biennial fee of $200, the Department shall issue to the applicant a certificate of registration that permits the person to whom it was issued to pay the tax incurred under this Law directly to the Department for a period of 2 years. The Department shall notify the delivering supplier or suppliers that the applicant has been registered as a self‑assessing purchaser for the accounts listed by the self‑assessing purchaser. A certificate of registration under this Section shall be renewed upon application and payment of a non‑refundable biennial $200 fee, subject to revocation as provided by this Law, for additional 2‑year periods from the date of its expiration unless otherwise notified by the Department.
    Upon notification by the Department that an applicant has been registered as a self‑assessing purchaser, the delivering supplier is no longer required to collect the tax imposed by this Act for the accounts specifically listed by the self‑assessing purchaser, until the delivering supplier is notified by the Department as set forth below that the self‑assessing purchaser's certificate of registration has been expired, revoked, or denied.
    The Department may deny a certificate of registration to any applicant if the owner, any partner, any manager or member of a limited liability company, or a corporate officer of the applicant, is or has been the owner, a partner, a manager or member of a limited liability company, or a corporate officer, of another self‑assessing purchaser that is in default for moneys due under this Law.
    Any person aggrieved by any decision of the Department under this Section may, within 20 days after notice of such decision, protest and request a hearing, whereupon the Department shall give notice to such person of the time and place fixed for such hearing and shall hold a hearing in conformity with the provisions of this Law and then issue its final administrative decision in the matter to such person. In the absence of such a protest within 20 days, the Department's decision shall become final without any further determination being made or notice given. Upon the expiration, revocation, or denial of a certificate of registration as a self‑assessing purchaser, the Department of Revenue shall provide written notice of the expiration, revocation, or denial of the certificate to the self‑assessing purchaser's delivering supplier or suppliers.
(Source: P.A. 90‑561, eff. 8‑1‑98; 90‑624, eff. 7‑10‑98.){"@context":"https://schema.org","@graph":[{"@type":"WebPage","@id":"https://statutes.laws.com/test/","url":"https://statutes.laws.com/test/","name":"State Codes and Statutes - Statutes","isPartOf":{"@id":"https://statutes.laws.com/#website"},"datePublished":"2015-03-10T03:31:37+00:00","dateModified":"2019-12-27T23:25:16+00:00","breadcrumb":{"@id":"https://statutes.laws.com/test/#breadcrumb"},"inLanguage":"en-US","potentialAction":[{"@type":"ReadAction","target":["https://statutes.laws.com/test/"]}]},{"@type":"BreadcrumbList","@id":"https://statutes.laws.com/test/#breadcrumb","itemListElement":[{"@type":"ListItem","position":1,"name":"Home","item":"https://statutes.laws.com/"},{"@type":"ListItem","position":2,"name":"State Codes and Statutes"}]},{"@type":"WebSite","@id":"https://statutes.laws.com/#website","url":"https://statutes.laws.com/","name":"Statutes","description":"","potentialAction":[{"@type":"SearchAction","target":{"@type":"EntryPoint","urlTemplate":"https://statutes.laws.com/?s={search_term_string}"},"query-input":"required name=search_term_string"}],"inLanguage":"en-US"}]}

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Statutes > Illinois > Chapter35 > 624 > 003506400HArt_2


      (35 ILCS 640/Art. 2 heading)
ARTICLE 2

    (35 ILCS 640/2‑1)
    Sec. 2‑1. Short title. This Article may be cited as the Electricity Excise Tax Law.
(Source: P.A. 90‑561, eff. 8‑1‑98.)

    (35 ILCS 640/2‑2)
    Sec. 2‑2. Findings and intent. The General Assembly finds that the deregulation and restructuring of the electric utility industry in this State mandated and implemented by this amendatory Act of 1997, including the unbundling of services and the authorization of competition in the provision of those services such that consumers may in the future transact with multiple providers to obtain the services that were formerly provided by a single franchised monopoly supplier of electricity, renders the system of taxation embodied in the Public Utilities Revenue Act impracticable and infeasible. The General Assembly further finds that the deregulation and restructuring of the electric utility industry necessitate changes to the existing system of taxation in order to preserve revenue neutrality in tax collections for the State of Illinois, to avoid placing any supplier engaged in the business of distributing, supplying, furnishing, selling, transmitting or delivering electricity at a competitive disadvantage, to minimize additional administrative costs and burdens of collection, and to avoid the imposition of increased tax burdens on individual consumers of electricity, particularly residential electric users virtually all of whom, pursuant to Section 2 of the Public Utilities Revenue Act, presently bear the economic burden of the tax imposed thereunder at the rate of .32 cents per kilowatt‑hour distributed, supplied, furnished, sold, transmitted or delivered to them. The General Assembly further finds that to change the current rates at which non‑residential users bear the economic burden of the Public Utilities Revenue Tax, thereby resulting in increases in the amount of tax for which non‑residential users bear the economic burden, could impose additional cost burdens on businesses in this State and adversely affect economic development and business retention in Illinois unless such users are provided options for paying an excise tax on the basis of purchase price. The General Assembly therefore finds that there is a compelling public need to modify the system of taxation embodied in the Public Utilities Revenue Act by repealing the tax imposed by Section 2 of that Act and imposing this electricity excise tax so as to:
        (1) Impose the electricity excise tax on the
     privilege of electric use measured by the kilowatt‑hours delivered to the purchaser;
        (2) As part of this amendatory Act of 1997, repeal
     the tax imposed by Section 2‑202 of the Public Utilities Act as applicable to electric utilities and establish the rates of tax imposed under the electricity excise tax in order to collect substantially the same amount of revenue as was collected under Section 2‑202 of that Act; and
        (3) Allow non‑residential consumers of electricity
     to elect to register with the Department of Revenue as self‑assessing purchasers and to pay the electricity excise tax directly to the Department at a rate which is established as a percentage of such consumer's purchase price for electricity distributed, supplied, furnished, sold, transmitted or delivered to the purchaser.
(Source: P.A. 90‑561, eff. 8‑1‑98.)

    (35 ILCS 640/2‑3)
    Sec. 2‑3. Definitions. As used in this Law, unless the context clearly requires otherwise:
    (a) "Department" means the Department of Revenue of the State of Illinois.
    (b) "Director" means the Director of the Department of Revenue of the State of Illinois.
    (c) "Person" means any natural individual, firm, trust, estate, partnership, association, joint stock company, joint venture, corporation, limited liability company, or a receiver, trustee, guardian, or other representative appointed by order of any court, or any city, town, village, county, or other political subdivision of this State.
    (d) "Purchase price" means the consideration paid for the distribution, supply, furnishing, sale, transmission or delivery of electricity to a person for non‑residential use or consumption (and for both residential and non‑residential use or consumption in the case of electricity purchased from a municipal system or electric cooperative described in subsection (b) of Section 2‑4) and not for resale, and for all services directly related to the production, transmission or distribution of electricity distributed, supplied, furnished, sold, transmitted or delivered for non‑residential use or consumption, and includes transition charges imposed in accordance with Article XVI of the Public Utilities Act and instrument funding charges imposed in accordance with Article XVIII of the Public Utilities Act, as well as cash, services and property of every kind or nature, and shall be determined without any deduction on account of the cost of the service, product or commodity supplied, the cost of materials used, labor or service costs, or any other expense whatsoever. However, "purchase price" shall not include consideration paid for:
        (i) any charge for a dishonored check;
        (ii) any finance or credit charge, penalty or charge
     for delayed payment, or discount for prompt payment;
        (iii) any charge for reconnection of service or for
     replacement or relocation of facilities;
        (iv) any advance or contribution in aid of
     construction;
        (v) repair, inspection or servicing of equipment
     located on customer premises;
        (vi) leasing or rental of equipment, the leasing or
     rental of which is not necessary to furnishing, supplying or selling electricity;
        (vii) any purchase by a purchaser if the supplier is
     prohibited by federal or State constitution, treaty, convention, statute or court decision from recovering the related tax liability from such purchaser; and
        (viii) any amounts added to purchasers' bills
     because of charges made pursuant to the tax imposed by this Law.
    In case credit is extended, the amount thereof shall be included only as and when payments are made.
    "Purchase price" shall not include consideration received from business enterprises certified under Section 9‑222.1 or 9‑222.1A of the Public Utilities Act, as amended, to the extent of such exemption and during the period of time specified by the Department of Commerce and Economic Opportunity.
    (e) "Purchaser" means any person who acquires electricity for use or consumption and not for resale, for a valuable consideration.
    (f) "Non‑residential electric use" means any use or consumption of electricity which is not residential electric use.
    (g) "Residential electric use" means electricity used or consumed at a dwelling of 2 or fewer units, or electricity for household purposes used or consumed at a building with multiple dwelling units where the electricity is registered by a separate meter for each dwelling unit.
    (h) "Self‑assessing purchaser" means a purchaser for non‑residential electric use who elects to register with and to pay tax directly to the Department in accordance with Sections 2‑10 and 2‑11 of this Law.
    (i) "Delivering supplier" means any person engaged in the business of delivering electricity to persons for use or consumption and not for resale, but not an entity engaged in the practice of resale and redistribution of electricity within a building prior to January 2, 1957, and who, in any case where more than one person participates in the delivery of electricity to a specific purchaser, is the last of the suppliers engaged in delivering the electricity prior to its receipt by the purchaser.
    (j) "Delivering supplier maintaining a place of business in this State", or any like term, means any delivering supplier having or maintaining within this State, directly or by a subsidiary, an office, generation facility, transmission facility, distribution facility, sales office or other place of business, or any employee, agent or other representative operating within this State under the authority of such delivering supplier or such delivering supplier's subsidiary, irrespective of whether such place of business or agent or other representative is located in this State permanently or temporarily, or whether such delivering supplier or such delivering supplier's subsidiary is licensed to do business in this State.
    (k) "Use" means the exercise by any person of any right or power over electricity incident to the ownership of that electricity, except that it does not include the generation, production, transmission, distribution, delivery or sale of electricity in the regular course of business or the use of electricity for such purposes.
(Source: P.A. 94‑793, eff. 5‑19‑06.)

    (35 ILCS 640/2‑4)
    Sec. 2‑4. Tax imposed.
    (a) Except as provided in subsection (b), a tax is imposed on the privilege of using in this State electricity purchased for use or consumption and not for resale, other than by municipal corporations owning and operating a local transportation system for public service, at the following rates per kilowatt‑hour delivered to the purchaser:
        (i) For the first 2000 kilowatt‑hours used or
     consumed in a month: 0.330 cents per kilowatt‑hour;
        (ii) For the next 48,000 kilowatt‑hours used or
     consumed in a month: 0.319 cents per kilowatt‑hour;
        (iii) For the next 50,000 kilowatt‑hours used or
     consumed in a month: 0.303 cents per kilowatt‑hour;
        (iv) For the next 400,000 kilowatt‑hours used or
     consumed in a month: 0.297 cents per kilowatt‑hour;
        (v) For the next 500,000 kilowatt‑hours used or
     consumed in a month: 0.286 cents per kilowatt‑hour;
        (vi) For the next 2,000,000 kilowatt‑hours used or
     consumed in a month: 0.270 cents per kilowatt‑hour;
        (vii) For the next 2,000,000 kilowatt‑hours used or
     consumed in a month: 0.254 cents per kilowatt‑hour;
        (viii) For the next 5,000,000 kilowatt‑hours used or
     consumed in a month: 0.233 cents per kilowatt‑hour;
        (ix) For the next 10,000,000 kilowatt‑hours used or
     consumed in a month: 0.207 cents per kilowatt‑hour;
        (x) For all electricity in excess of 20,000,000
     kilowatt‑hours used or consumed in a month: 0.202 cents per kilowatt‑hour.
    Provided, that in lieu of the foregoing rates, the tax is imposed on a self‑assessing purchaser at the rate of 5.1% of the self‑assessing purchaser's purchase price for all electricity distributed, supplied, furnished, sold, transmitted and delivered to the self‑assessing purchaser in a month.
    (b) A tax is imposed on the privilege of using in this State electricity purchased from a municipal system or electric cooperative, as defined in Article XVII of the Public Utilities Act, which has not made an election as permitted by either Section 17‑200 or Section 17‑300 of such Act, at the lesser of 0.32 cents per kilowatt hour of all electricity distributed, supplied, furnished, sold, transmitted, and delivered by such municipal system or electric cooperative to the purchaser or 5% of each such purchaser's purchase price for all electricity distributed, supplied, furnished, sold, transmitted, and delivered by such municipal system or electric cooperative to the purchaser, whichever is the lower rate as applied to each purchaser in each billing period.
    (c) The tax imposed by this Section 2‑4 is not imposed with respect to any use of electricity by business enterprises certified under Section 9‑222.1 or 9‑222.1A of the Public Utilities Act, as amended, to the extent of such exemption and during the time specified by the Department of Commerce and Economic Opportunity; or with respect to any transaction in interstate commerce, or otherwise, to the extent to which such transaction may not, under the Constitution and statutes of the United States, be made the subject of taxation by this State.
(Source: P.A. 94‑793, eff. 5‑19‑06.)

    (35 ILCS 640/2‑5)
    Sec. 2‑5. Multistate exemption. To prevent actual multi‑state taxation of the privilege that is subject to taxation under this Law, any purchaser, upon proof that purchaser has paid a tax in another state on such event, shall be allowed a credit against the tax imposed by this Law, to the extent of the amount of the tax properly due and paid in the other state.
(Source: P.A. 90‑561, eff. 8‑1‑98.)

    (35 ILCS 640/2‑6)
    Sec. 2‑6. Sunset of exemptions, credits and deductions. The application of every exemption, credit and deduction against tax imposed by this Law, shall be limited by a reasonable and appropriate sunset date. A purchaser subject to the tax imposed by this Law is not entitled to take the exemption, credit, or deduction beginning on the sunset date and thereafter. If a reasonable and appropriate sunset date is not specified in the Public Act that creates the exemption, credit, or deduction, a purchaser shall not be entitled to take the exemption, credit, or deduction beginning 5 years after the effective date of the Public Act creating the exemption, credit, or deduction and thereafter. The provisions of this Section shall not apply to the exemption provided by Section 2‑5 of this Law.
(Source: P.A. 90‑561, eff. 8‑1‑98.)

    (35 ILCS 640/2‑7)
    Sec. 2‑7. Collection of electricity excise tax.
    (a) Beginning with bills for electricity or electric service issued on and after August 1, 1998, the tax imposed by this Law shall be collected from the purchaser, other than a self‑assessing purchaser where the delivering supplier or suppliers are notified by the Department that the purchaser has been registered as a self‑assessing purchaser for the accounts listed by the self‑assessing purchaser as described in Section 2‑10 of this Law, by any delivering supplier maintaining a place of business in this State at the rates stated in Section 2‑4 with respect to the electricity delivered by such delivering supplier to or for the purchaser, and shall be remitted to the Department as provided in Section 2‑9 of this Law. All sales to a purchaser are presumed subject to tax collection unless the Department notifies the delivering supplier that the purchaser has been registered as a self‑assessing purchaser for the accounts listed by the self‑assessing purchaser as described in Section 2‑10 of this Law. Upon receipt of notification by the Department, the delivering supplier is relieved of all liability for the collection and remittance of tax from the self‑assessing purchaser for which notification was provided by the Department. The delivering supplier is relieved of the liability for the collection of the tax from a self‑assessing purchaser until such time as the delivering supplier is notified in writing by the Department that the purchaser's certification as a self‑assessing purchaser is no longer in effect. Delivering suppliers shall collect the tax from purchasers by adding the tax to the amount of the purchase price received from the purchaser for delivering electricity for or to the purchaser. Where a delivering supplier does not collect the tax from a purchaser, other than a self‑assessing purchaser, as provided herein, such purchaser shall pay the tax directly to the Department.
    (b) The credit allowed to a public utility under Section 8‑403.1 of the Public Utilities Act shall be allowed as a credit against the public utility's obligation to remit electricity excise tax described in Section 2‑9.
(Source: P.A. 90‑561, eff. 8‑1‑98; 90‑624, eff. 7‑10‑98; 90‑813, eff. 1‑29‑99.)

    (35 ILCS 640/2‑7.5)
    Sec. 2‑7.5. Registration of delivering suppliers. A person who engages in business as a delivering supplier of electricity in this State shall register with the Department. Application for a certificate of registration shall be made to the Department upon forms furnished by the Department and shall contain any reasonable information the Department may require. Upon receipt of the application for a certificate of registration in proper form, the Department shall issue to the applicant a certificate of registration.
    The Department may deny a certificate of registration to any applicant if such applicant is in default for moneys due under this Law.
    Any person aggrieved by any decision of the Department under this Section may, within 20 days after notice of such decision, protest and request a hearing, whereupon the Department shall give notice to such person of the time and place fixed for such hearing and shall hold a hearing in conformity with the provisions of this Law and then issue its final administrative decision in the matter to such person. In the absence of such a protest within 20 days, the Department's decision shall become final without any further determination being made or notice given.
(Source: P.A. 90‑561, eff. 8‑1‑98.)

    (35 ILCS 640/2‑7.6)
    Sec. 2‑7.6. Revocation of certificate of registration. The Department may, after notice and a hearing as provided herein, revoke the certificate of registration of any person who violates any of the provisions of this Law. Before revocation of a certificate of registration, the Department shall, within 90 days after non‑compliance and at least 7 days prior to the date of the hearing, give the person so accused notice in writing of the charge against him or her, and on the date designated shall conduct a hearing upon this matter. The lapse of such 90 day period shall not preclude the Department from conducting revocation proceedings at a later date if necessary. Any hearing held under this Section shall be conducted by the Director or by any officer or employee of the Department designated in writing by the Director.
    Upon the hearing of any such proceeding, the Director or any officer or employee of the Department designated in writing by the Director may administer oaths, and the Department may procure by its subpoena the attendance of witnesses and, by its subpoena duces tecum, the production of relevant books and papers. Any circuit court, upon application either of the accused or of the Department, may, by order duly entered, require the attendance of witnesses and the production of relevant books and papers before the Department in any hearing relating to the revocation of certificates of registration. Upon refusal or neglect to obey the order of the court, the court may compel obedience thereof by proceedings for contempt.
    The Department may, by application to any circuit court, obtain an injunction requiring any person who engages in business as a delivering supplier of electricity to obtain a certificate of registration. Upon refusal or neglect to obey the order of the court, the court may compel obedience by proceedings for contempt.
(Source: P.A. 90‑561, eff. 8‑1‑98.)

    (35 ILCS 640/2‑8)
    Sec. 2‑8. Tax collected as debt owed to State. The tax herein required to be collected by any delivering supplier maintaining a place of business in this State, and any such tax collected by that person, shall constitute a debt owed by that person to this State, provided, that the delivering supplier shall be allowed credit for such tax related to deliveries of electricity the charges for which are written off as uncollectible, and provided further, that if such charges are thereafter collected, the delivering supplier shall be obligated to remit such tax. For purposes of this Section, any partial payment not specifically identified by the purchaser shall be deemed to be for the delivery of electricity.
(Source: P.A. 90‑561, eff. 8‑1‑98.)

    (35 ILCS 640/2‑9)
    Sec. 2‑9. Return and payment of tax by delivering supplier. Each delivering supplier who is required or authorized to collect the tax imposed by this Law shall make a return to the Department on or before the 15th day of each month for the preceding calendar month stating the following:
        (1) The delivering supplier's name.
        (2) The address of the delivering supplier's
     principal place of business and the address of the principal place of business (if that is a different address) from which the delivering supplier engaged in the business of delivering electricity in this State.
        (3) The total number of kilowatt‑hours which the
     supplier delivered to or for purchasers during the preceding calendar month and upon the basis of which the tax is imposed.
        (4) Amount of tax, computed upon Item (3) at the
     rates stated in Section 2‑4.
        (5) An adjustment for uncollectible amounts of tax
     in respect of prior period kilowatt‑hour deliveries, determined in accordance with rules and regulations promulgated by the Department.
        (5.5) The amount of credits to which the taxpayer is
     entitled on account of purchases made under Section 8‑403.1 of the Public Utilities Act.
        (6) Such other information as the Department
     reasonably may require.
    In making such return the delivering supplier may use any reasonable method to derive reportable "kilowatt‑hours" from the delivering supplier's records.
    If the average monthly tax liability to the Department of the delivering supplier does not exceed $2,500, the Department may authorize the delivering supplier's returns to be filed on a quarter‑annual basis, with the return for January, February and March of a given year being due by April 30 of such year; with the return for April, May and June of a given year being due by July 31 of such year; with the return for July, August and September of a given year being due by October 31 of such year; and with the return for October, November and December of a given year being due by January 31 of the following year.
    If the average monthly tax liability to the Department of the delivering supplier does not exceed $1,000, the Department may authorize the delivering supplier's returns to be filed on an annual basis, with the return for a given year being due by January 31 of the following year.
    Such quarter‑annual and annual returns, as to form and substance, shall be subject to the same requirements as monthly returns.
    Notwithstanding any other provision in this Law concerning the time within which a delivering supplier may file a return, any such delivering supplier who ceases to engage in a kind of business which makes the person responsible for filing returns under this Law shall file a final return under this Law with the Department not more than one month after discontinuing such business.
    Each delivering supplier whose average monthly liability to the Department under this Law was $10,000 or more during the preceding calendar year, excluding the month of highest liability and the month of lowest liability in such calendar year, and who is not operated by a unit of local government, shall make estimated payments to the Department on or before the 7th, 15th, 22nd and last day of the month during which tax liability to the Department is incurred in an amount not less than the lower of either 22.5% of such delivering supplier's actual tax liability for the month or 25% of such delivering supplier's actual tax liability for the same calendar month of the preceding year. The amount of such quarter‑monthly payments shall be credited against the final tax liability of such delivering supplier's return for that month. An outstanding credit approved by the Department or a credit memorandum issued by the Department arising from such delivering supplier's overpayment of his or her final tax liability for any month may be applied to reduce the amount of any subsequent quarter‑monthly payment or credited against the final tax liability of such delivering supplier's return for any subsequent month. If any quarter‑monthly payment is not paid at the time or in the amount required by this Section, such delivering supplier shall be liable for penalty and interest on the difference between the minimum amount due as a payment and the amount of such payment actually and timely paid, except insofar as such delivering supplier has previously made payments for that month to the Department in excess of the minimum payments previously due.
    If the Director finds that the information required for the making of an accurate return cannot reasonably be compiled by such delivering supplier within 15 days after the close of the calendar month for which a return is to be made, the Director may grant an extension of time for the filing of such return for a period not to exceed 31 calendar days. The granting of such an extension may be conditioned upon the deposit by such delivering supplier with the Department of an amount of money not exceeding the amount estimated by the Director to be due with the return so extended. All such deposits shall be credited against such delivering supplier's liabilities under this Law. If the deposit exceeds such delivering supplier's present and probable future liabilities under this Law, the Department shall issue to such delivering supplier a credit memorandum, which may be assigned by such delivering supplier to a similar person under this Law, in accordance with reasonable rules and regulations to be prescribed by the Department.
    The delivering supplier making the return provided for in this Section shall, at the time of making such return, pay to the Department the amount of tax imposed by this Law.
    Until October 1, 2002, a delivering supplier who has an average monthly tax liability of $10,000 or more shall make all payments required by rules of the Department by electronic funds transfer. The term "average monthly tax liability" shall be the sum of the delivering supplier's liabilities under this Law for the immediately preceding calendar year divided by 12. Beginning on October 1, 2002, a taxpayer who has a tax liability in the amount set forth in subsection (b) of Section 2505‑210 of the Department of Revenue Law shall make all payments required by rules of the Department by electronic funds transfer. Any delivering supplier not required to make payments by electronic funds transfer may make payments by electronic funds transfer with the permission of the Department. All delivering suppliers required to make payments by electronic funds transfer and any delivering suppliers authorized to voluntarily make payments by electronic funds transfer shall make those payments in the manner authorized by the Department.
    Through June 30, 2004, each month the Department shall pay into the Public Utility Fund in the State treasury an amount determined by the Director to be equal to 3.0% of the funds received by the Department pursuant to this Section. Through June 30, 2004, the remainder of all moneys received by the Department under this Section shall be paid into the General Revenue Fund in the State treasury. Beginning on July 1, 2004, of the 3% of the funds received pursuant to this Section, each month the Department shall pay $416,667 into the General Revenue Fund and the balance shall be paid into the Public Utility Fund in the State treasury.
(Source: P.A. 92‑492, eff. 1‑1‑02; 93‑839, eff. 7‑30‑04.)

    (35 ILCS 640/2‑10)
    Sec. 2‑10. Election and registration to be self‑assessing purchaser. Any purchaser for non‑residential electric use may elect to register with the Department as a self‑assessing purchaser and to pay the tax imposed by Section 2‑4 directly to the Department, at the rate stated in that Section for self‑assessing purchasers, rather than paying the tax to such purchaser's delivering supplier. The election by a purchaser to register as a self‑assessing purchaser may not be revoked by the purchaser for at least 2 years thereafter. A purchaser who revokes his or her registration as a self‑assessing purchaser shall not thereafter be permitted to register as a self‑assessing purchaser within the succeeding 2 years. A self‑assessing purchaser shall renew his or her registration every 2 years, or the registration shall be deemed to be revoked.
    Application for a certificate of registration as a self‑assessing purchaser shall be made to the Department upon forms furnished by the Department and shall contain any reasonable information the Department may require. The self‑assessing purchaser shall be required to disclose the name of the delivering supplier or suppliers and each account numbers for which the self‑assessing purchaser elects to pay the tax imposed by Section 2‑4 directly to the Department. Upon receipt of the application for a certificate of registration in proper form and payment of an non‑refundable biennial fee of $200, the Department shall issue to the applicant a certificate of registration that permits the person to whom it was issued to pay the tax incurred under this Law directly to the Department for a period of 2 years. The Department shall notify the delivering supplier or suppliers that the applicant has been registered as a self‑assessing purchaser for the accounts listed by the self‑assessing purchaser. A certificate of registration under this Section shall be renewed upon application and payment of a non‑refundable biennial $200 fee, subject to revocation as provided by this Law, for additional 2‑year periods from the date of its expiration unless otherwise notified by the Department.
    Upon notification by the Department that an applicant has been registered as a self‑assessing purchaser, the delivering supplier is no longer required to collect the tax imposed by this Act for the accounts specifically listed by the self‑assessing purchaser, until the delivering supplier is notified by the Department as set forth below that the self‑assessing purchaser's certificate of registration has been expired, revoked, or denied.
    The Department may deny a certificate of registration to any applicant if the owner, any partner, any manager or member of a limited liability company, or a corporate officer of the applicant, is or has been the owner, a partner, a manager or member of a limited liability company, or a corporate officer, of another self‑assessing purchaser that is in default for moneys due under this Law.
    Any person aggrieved by any decision of the Department under this Section may, within 20 days after notice of such decision, protest and request a hearing, whereupon the Department shall give notice to such person of the time and place fixed for such hearing and shall hold a hearing in conformity with the provisions of this Law and then issue its final administrative decision in the matter to such person. In the absence of such a protest within 20 days, the Department's decision shall become final without any further determination being made or notice given. Upon the expiration, revocation, or denial of a certificate of registration as a self‑assessing purchaser, the Department of Revenue shall provide written notice of the expiration, revocation, or denial of the certificate to the self‑assessing purchaser's delivering supplier or suppliers.
(Source: P.A. 90‑561, eff. 8‑1‑98; 90‑624, eff. 7‑10‑98.)

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