70 ILCS 3615/4.03
2021 Illinois Compiled Statutes|Chapter 70 - SPECIAL DISTRICTS|70 ILCS 3615/ - Regional Transportation Authority Act.|Article IV - Finances

 (from Ch. 111 2/3, par. 704.03)Sec. 4.03. Taxes.(a) In order to carry out any of the powers or  purposes of the Authority, the Board may by ordinance adopted with the  concurrence of 12   of the then Directors, impose throughout the  metropolitan region any or all of the taxes provided in this Section.  Except as otherwise provided in this Act, taxes imposed under this  Section and civil penalties imposed incident thereto shall be collected  and enforced by the State Department of Revenue. The Department shall  have the power to administer and enforce the taxes and to determine all  rights for refunds for erroneous payments of the taxes. Nothing in Public Act 95-708 is intended to invalidate any taxes currently imposed by the Authority. The increased vote requirements to impose a tax shall only apply to actions taken after January 1, 2008 (the effective date of Public Act 95-708).(b) The Board may impose a public transportation tax upon all  persons engaged in the metropolitan region in the business of selling at  retail motor fuel for operation of motor vehicles upon public highways.  The  tax shall be at a rate not to exceed 5% of the gross receipts from the sales  of motor fuel in the course of the business.  As used in this Act, the term  "motor fuel" shall have the same meaning as in the Motor Fuel Tax Law.  The Board may provide for details of the tax.  The provisions of  any tax shall conform, as closely as may be practicable, to the provisions  of the Municipal Retailers Occupation Tax Act, including without limitation,  conformity to penalties with respect to the tax imposed and as to the powers of  the State Department of Revenue to promulgate and enforce rules and regulations  relating to the administration and enforcement of the provisions of the tax  imposed, except that reference in the Act to any municipality shall refer to  the Authority and the tax shall be imposed only with regard to receipts from  sales of motor fuel in the metropolitan region, at rates as limited by this  Section.(c) In connection with the tax imposed under paragraph (b) of  this Section, the Board may impose a tax upon the privilege of using in  the metropolitan region motor fuel for the operation of a motor vehicle  upon public highways, the tax to be at a rate not in excess of the rate  of tax imposed under paragraph (b) of this Section.  The Board may  provide for details of the tax.(d) The Board may impose a motor vehicle parking tax upon the  privilege of parking motor vehicles at off-street parking facilities in  the metropolitan region at which a fee is charged, and may provide for  reasonable classifications in and exemptions to the tax, for  administration and enforcement thereof and for civil penalties and  refunds thereunder and may provide criminal penalties thereunder, the  maximum penalties not to exceed the maximum criminal penalties provided  in the Retailers' Occupation Tax Act.  The  Authority may collect and enforce the tax itself or by contract with  any unit of local government.  The State Department of Revenue shall have  no responsibility for the collection and enforcement unless the  Department agrees with the Authority to undertake the collection and  enforcement.  As used in this paragraph, the term "parking facility"  means a parking area or structure having parking spaces for more than 2  vehicles at which motor vehicles are permitted to park in return for an  hourly, daily, or other periodic fee, whether publicly or privately  owned, but does not include parking spaces on a public street, the use  of which is regulated by parking meters.(e) The Board may impose a Regional Transportation Authority  Retailers' Occupation Tax upon all persons engaged in the business of  selling tangible personal property at retail in the metropolitan region.  In Cook County, the tax rate shall be 1.25%   of the gross receipts from sales  of tangible personal property taxed at the 1% rate under the Retailers' Occupation Tax Act, and 1%   of the  gross receipts from other taxable sales made in the course of that business.  In DuPage, Kane, Lake, McHenry, and Will counties, the tax rate shall be 0.75%    of the gross receipts from all taxable sales made in the course of that  business. The rate of tax imposed in DuPage, Kane, Lake, McHenry, and Will counties under this Section on sales of aviation fuel on or after December 1, 2019 shall, however, be 0.25% unless the Regional Transportation Authority in DuPage, Kane, Lake, McHenry, and Will counties has an "airport-related purpose" and the additional 0.50% of the 0.75% tax on aviation fuel is expended for airport-related purposes.  If there is no airport-related purpose to which aviation fuel tax revenue is dedicated, then aviation fuel is excluded from the additional 0.50% of the 0.75% tax.  The tax  imposed under this Section and all civil penalties that may be  assessed as an incident thereof shall be collected and enforced by the  State Department of Revenue.  The Department shall have full power to  administer and enforce this Section; to collect all taxes and penalties  so collected in the manner hereinafter provided; and to determine all  rights to credit memoranda arising on account of the erroneous payment  of tax or penalty hereunder.  In the administration of, and compliance  with this Section, the Department and persons who are subject to this  Section shall have the same rights, remedies, privileges, immunities,  powers, and duties, and be subject to the same conditions, restrictions,  limitations, penalties, exclusions, exemptions, and definitions of terms,  and employ the same modes of procedure, as are prescribed in Sections 1,  1a, 1a-1, 1c, 1d, 1e, 1f, 1i, 1j, 2 through 2-65 (in respect to all  provisions therein other than the State rate of tax), 2c, 3 (except as to  the disposition of taxes and penalties collected, and except that the retailer's discount is not allowed for taxes paid on aviation fuel that are subject to the revenue use requirements of 49 U.S.C. 47107(b) and 49 U.S.C. 47133), 4, 5, 5a, 5b, 5c, 5d,  5e, 5f, 5g, 5h, 5i, 5j, 5k, 5l, 6, 6a, 6b, 6c, 6d, 7, 8, 9, 10, 11, 12, and  13 of the Retailers' Occupation Tax Act and Section 3-7 of the  Uniform Penalty and Interest Act, as fully as if those  provisions were set forth herein.The Board and DuPage, Kane, Lake, McHenry, and Will counties must comply with the certification requirements for airport-related purposes under Section 2-22 of the Retailers' Occupation Tax Act. For purposes of this Section, "airport-related purposes" has the meaning ascribed in Section 6z-20.2 of the State Finance Act.  This exclusion for aviation fuel only applies for so long as the revenue use requirements of 49 U.S.C. 47107(b) and 49 U.S.C. 47133 are binding on the Authority.Persons subject to any tax imposed under the authority granted  in this Section may reimburse themselves for their seller's tax  liability hereunder by separately stating the tax as an additional  charge, which charge may be stated in combination in a single amount  with State taxes that sellers are required to collect under the Use  Tax Act, under any bracket schedules the  Department may prescribe.Whenever the Department determines that a refund should be made under  this Section to a claimant instead of issuing a credit memorandum, the  Department shall notify the State Comptroller, who shall cause the  warrant to be drawn for the amount specified, and to the person named,  in the notification from the Department.  The refund shall be paid by  the State Treasurer out of the Regional Transportation Authority tax  fund established under paragraph (n) of this Section or the Local Government Aviation Trust Fund, as appropriate.If a tax is imposed under this subsection (e), a tax shall also  be imposed under subsections (f) and (g) of this Section.For the purpose of determining whether a tax authorized under this  Section is applicable, a retail sale by a producer of coal or other  mineral mined in Illinois, is a sale at retail at the place where the  coal or other mineral mined in Illinois is extracted from the earth.  This paragraph does not apply to coal or other mineral when it is  delivered or shipped by the seller to the purchaser at a point outside  Illinois so that the sale is exempt under the Federal Constitution as a  sale in interstate or foreign commerce.No tax shall be imposed or collected under this subsection on the sale of a motor vehicle in this State to a resident of another state if that motor vehicle will not be titled in this State.Nothing in this Section shall be construed to authorize the Regional  Transportation Authority to impose a tax upon the privilege of engaging  in any business that under the Constitution of the United States may  not be made the subject of taxation by this State.(f) If a tax has been imposed under paragraph (e), a  Regional Transportation Authority Service Occupation  Tax shall  also be imposed upon all persons engaged, in the metropolitan region in  the business of making sales of service, who as an incident to making the sales  of service, transfer tangible personal property within the metropolitan region,  either in the form of tangible personal property or in the form of real estate  as an incident to a sale of service.  In Cook County, the tax rate  shall be:  (1) 1.25%   of the serviceman's cost price of food prepared for  immediate consumption and transferred incident to a sale of service subject  to the service occupation tax by an entity licensed under the Hospital  Licensing Act, the Nursing Home Care Act, the Specialized Mental Health Rehabilitation Act of 2013, the ID/DD Community Care Act, or the MC/DD Act that is located in the metropolitan  region; (2) 1.25%   of the selling price of tangible personal property taxed at the 1% rate under the Service Occupation Tax Act; and (3) 1%   of the selling price from other taxable sales of  tangible personal property transferred.  In DuPage, Kane, Lake,  McHenry, and Will counties, the rate shall be 0.75%   of the selling price  of all tangible personal property transferred. The rate of tax imposed in DuPage, Kane, Lake, McHenry, and Will counties under this Section on sales of aviation fuel on or after December 1, 2019 shall, however, be 0.25% unless the Regional Transportation Authority in DuPage, Kane, Lake, McHenry, and Will counties has an "airport-related purpose" and the additional 0.50% of the 0.75% tax on aviation fuel is expended for airport-related purposes.  If there is no airport-related purpose to which aviation fuel tax revenue is dedicated, then aviation fuel is excluded from the additional 0.5% of the 0.75% tax.The Board and DuPage, Kane, Lake, McHenry, and Will counties must comply with the certification requirements for airport-related purposes under Section 2-22 of the Retailers' Occupation Tax Act. For purposes of this Section, "airport-related purposes" has the meaning ascribed in Section 6z-20.2 of the State Finance Act.  This exclusion for aviation fuel only applies for so long as the revenue use requirements of 49 U.S.C. 47107(b) and 49 U.S.C. 47133 are binding on the Authority.The tax imposed under this paragraph and all civil  penalties that may be assessed as an incident thereof shall be collected  and enforced by the State Department of Revenue.  The Department shall  have full power to administer and enforce this paragraph; to collect all  taxes and penalties due hereunder; to dispose of taxes and penalties  collected in the manner hereinafter provided; and to determine all  rights to credit memoranda arising on account of the erroneous payment  of tax or penalty hereunder.  In the administration of and compliance  with this paragraph, the Department and persons who are subject to this  paragraph shall have the same rights, remedies, privileges, immunities,  powers, and duties, and be subject to the same conditions, restrictions,  limitations, penalties, exclusions, exemptions, and definitions of terms,  and employ the same modes of procedure, as are prescribed in Sections 1a-1, 2,  2a, 3 through 3-50 (in respect to all provisions therein other than the  State rate of tax), 4 (except that the reference to the State shall be to  the Authority), 5, 7, 8 (except that the jurisdiction to which the tax  shall be a debt to the extent indicated in that Section 8 shall be the  Authority), 9 (except as to the disposition of taxes and penalties  collected, and except that the returned merchandise credit for this tax may  not be taken against any State tax, and except that the retailer's discount is not allowed for taxes paid on aviation fuel that are subject to the revenue use requirements of 49 U.S.C. 47107(b) and 49 U.S.C. 47133), 10, 11, 12 (except the reference  therein to Section 2b of the Retailers' Occupation Tax Act), 13 (except  that any reference to the State shall mean the Authority), the first  paragraph of Section 15, 16, 17, 18, 19, and 20 of the Service  Occupation Tax Act and Section 3-7 of the Uniform Penalty and Interest  Act, as fully as if those provisions were set forth herein.Persons subject to any tax imposed under the authority granted  in this paragraph may reimburse themselves for their serviceman's tax  liability hereunder by separately stating the tax as an additional  charge, that charge may be stated in combination in a single amount  with State tax that servicemen are authorized to collect under the  Service Use Tax Act, under any bracket schedules the  Department may prescribe.Whenever the Department determines that a refund should be made under  this paragraph to a claimant instead of issuing a credit memorandum, the  Department shall notify the State Comptroller, who shall cause the  warrant to be drawn for the amount specified, and to the person named  in the notification from the Department.  The refund shall be paid by  the State Treasurer out of the Regional Transportation Authority tax  fund established under paragraph (n) of this Section or the Local Government Aviation Trust Fund, as appropriate.Nothing in this paragraph shall be construed to authorize the  Authority to impose a tax upon the privilege of engaging in any business  that under the Constitution of the United States may not be made the  subject of taxation by the State.(g) If a tax has been imposed under paragraph (e), a tax shall  also be imposed upon the privilege of using in the metropolitan region,  any item of tangible personal property that is purchased outside the  metropolitan region at retail from a retailer, and that is titled or  registered with an agency of this State's government.  In Cook County, the  tax rate shall be 1%   of the selling price of the tangible personal property,  as "selling price" is defined in the Use Tax Act.  In DuPage, Kane, Lake,  McHenry, and Will counties, the tax rate shall be 0.75%   of the selling price of  the tangible personal property, as "selling price" is defined in the  Use Tax Act.  The tax shall be collected from persons whose Illinois  address for titling or registration purposes is given as being in the  metropolitan region. The tax shall be collected by the Department of  Revenue for the Regional Transportation Authority.  The tax must be paid  to the State, or an exemption determination must be obtained from the  Department of Revenue, before the title or certificate of registration for  the property may be issued. The tax or proof of exemption may be  transmitted to the Department by way of the State agency with which, or the  State officer with whom, the tangible personal property must be titled or  registered if the Department and the State agency or State officer  determine that this procedure will expedite the processing of applications  for title or registration.The Department shall have full power to administer and enforce this  paragraph; to collect all taxes, penalties, and interest due hereunder;  to dispose of taxes, penalties, and interest collected in the manner  hereinafter provided; and to determine all rights to credit memoranda or  refunds arising on account of the erroneous payment of tax, penalty, or  interest hereunder. In the administration of and compliance with this  paragraph, the Department and persons who are subject to this paragraph  shall have the same rights, remedies, privileges, immunities, powers, and  duties, and be subject to the same conditions, restrictions,  limitations, penalties, exclusions, exemptions, and definitions of terms  and employ the same modes of procedure, as are prescribed in Sections 2  (except the definition of "retailer maintaining a place of business in this  State"), 3 through 3-80 (except provisions pertaining to the State rate  of tax, and except provisions concerning collection or refunding of the tax  by retailers), 4, 11, 12, 12a, 14, 15, 19 (except the portions pertaining  to claims by retailers and except the last paragraph concerning refunds),  20, 21, and 22 of the Use Tax Act, and are not inconsistent with this  paragraph, as fully as if those provisions were set forth herein.Whenever the Department determines that a refund should be made under  this paragraph to a claimant instead of issuing a credit memorandum, the  Department shall notify the State Comptroller, who shall cause the order  to be drawn for the amount specified, and to the person named in the  notification from the Department. The refund shall be paid by the State  Treasurer out of the Regional Transportation Authority tax fund  established under paragraph (n) of this Section.(h) The Authority may impose a replacement vehicle tax of $50 on any  passenger car as defined in Section 1-157 of the Illinois Vehicle Code  purchased within the metropolitan region by or on behalf of an  insurance company to replace a passenger car of  an insured person in settlement of a total loss claim. The tax imposed  may not become effective before the first day of the month following the  passage of the ordinance imposing the tax and receipt of a certified copy  of the ordinance by the Department of Revenue.  The Department of Revenue  shall collect the tax for the Authority in accordance with Sections 3-2002  and 3-2003 of the Illinois Vehicle Code.The Department shall immediately pay over to the State Treasurer,  ex officio, as trustee, all taxes collected hereunder.As soon as possible after the first day of each month, beginning January 1, 2011, upon certification of the Department of Revenue, the Comptroller shall order transferred, and the Treasurer shall transfer, to the STAR Bonds Revenue Fund the local sales tax increment, as defined in the Innovation Development and Economy Act, collected under this Section during the second preceding calendar month for sales within a STAR bond district.After the monthly transfer to the STAR Bonds Revenue Fund, on  or before the 25th day of each calendar month, the Department shall  prepare and certify to the Comptroller the disbursement of stated sums  of money to the Authority. The amount to be paid to the Authority shall be  the amount collected hereunder during the second preceding calendar month  by the Department, less any amount determined by the Department to be  necessary for the payment of refunds, and less any amounts that are transferred to the STAR Bonds Revenue Fund.  Within 10 days after receipt by the  Comptroller of the disbursement certification to the Authority provided  for in this Section to be given to the Comptroller by the Department, the  Comptroller shall cause the orders to be drawn for that amount in  accordance with the directions contained in the certification.(i) The Board may not impose any other taxes except as it may from  time to time be authorized by law to impose.(j) A certificate of registration issued by the State Department of  Revenue to a retailer under the Retailers' Occupation Tax Act or under the  Service Occupation Tax Act shall permit the registrant to engage in a  business that is taxed under the tax imposed under paragraphs  (b), (e), (f) or (g) of this Section and no additional registration  shall be required under the tax.  A certificate issued under the  Use Tax Act or the Service Use Tax Act shall be applicable with regard to  any tax imposed under paragraph (c) of this Section.(k) The provisions of any tax imposed under paragraph (c) of  this Section shall conform as closely as may be practicable to the  provisions of the Use Tax Act, including  without limitation conformity as to penalties with respect to the tax  imposed and as to the powers of the State Department of Revenue to  promulgate and enforce rules and regulations relating to the  administration and enforcement of the provisions of the tax imposed.  The taxes shall be imposed only on use within the metropolitan region  and at rates as provided in the paragraph.(l) The Board in imposing any tax as provided in paragraphs (b)  and (c) of this Section, shall, after seeking the advice of the State  Department of Revenue, provide means for retailers, users or purchasers  of motor fuel for purposes other than those with regard to which the  taxes may be imposed as provided in those paragraphs to receive refunds  of taxes improperly paid, which provisions may be at variance with the  refund provisions as applicable under the Municipal Retailers  Occupation Tax Act.  The State Department of Revenue may provide for  certificates of registration for users or purchasers of motor fuel for purposes  other than those with regard to which taxes may be imposed as provided in  paragraphs (b) and (c) of this Section to facilitate the reporting and  nontaxability of the exempt sales or uses.(m) Any ordinance imposing or discontinuing any tax under this Section shall  be adopted and a certified copy thereof filed with the Department on or before  June 1, whereupon the Department of Revenue shall proceed to administer and  enforce this Section on behalf of the Regional Transportation Authority as of  September 1 next following such adoption and filing.  Beginning January 1, 1992, an ordinance or resolution imposing or  discontinuing the tax hereunder shall be adopted and a certified copy  thereof filed with the Department on or before the first day of July,  whereupon the Department shall proceed to administer and enforce this  Section as of the first day of October next following such adoption and  filing.  Beginning January 1, 1993, an ordinance or resolution imposing, increasing, decreasing, or  discontinuing the tax hereunder shall be adopted and a certified copy  thereof filed with the Department,  whereupon the Department shall proceed to administer and enforce this  Section as of the first day of the first month to occur not less than 60 days   following such adoption and filing. Any ordinance or resolution of the Authority imposing a tax under this Section and in effect on August 1, 2007 shall remain in full force and effect and shall be administered by the Department of Revenue under the terms and conditions and rates of tax established by such ordinance or resolution until the Department begins administering and enforcing an increased tax under this Section as authorized by Public Act 95-708.  The tax rates authorized by Public Act 95-708 are effective only if imposed by ordinance of the Authority.(n) Except as  otherwise provided in this subsection (n), the State Department of Revenue shall, upon collecting any taxes  as provided in this Section, pay the taxes over to the State Treasurer  as trustee for the Authority.  The taxes shall be held in a trust fund  outside the State Treasury. If an airport-related purpose has been certified, taxes and penalties collected in DuPage, Kane, Lake, McHenry and Will counties on aviation fuel sold on or after December 1, 2019 from the 0.50% of the 0.75% rate shall be immediately paid over by the Department to the State Treasurer, ex officio, as trustee, for deposit into the Local Government Aviation Trust Fund. The Department shall only pay moneys into the Local Government Aviation Trust Fund under this Act for so long as the revenue use requirements of 49 U.S.C. 47107(b) and 49 U.S.C. 47133 are binding on the Authority.  On or before the 25th day of each calendar  month, the State Department of Revenue shall prepare and certify to the  Comptroller of the State of Illinois and   to the Authority (i) the  amount of taxes collected in each county other than Cook County in the  metropolitan region, (not including, if an airport-related purpose has been certified, the taxes and penalties collected from the 0.50% of the 0.75% rate on aviation fuel sold on or after December 1, 2019 that are deposited into the Local Government Aviation Trust Fund) (ii)   the amount of taxes collected within the City  of Chicago,   and (iii) the amount collected in that portion  of Cook County outside of Chicago, each amount less the amount necessary for the payment  of refunds to taxpayers located in those areas described in items (i), (ii), and (iii), and less 1.5% of the remainder, which shall be transferred from the trust fund into the Tax Compliance and Administration Fund. The Department, at the time of each monthly disbursement to the Authority, shall prepare and certify to the State Comptroller the amount to be transferred into the Tax Compliance and Administration Fund under this subsection.  Within 10 days after receipt by the Comptroller of the certification of  the amounts, the Comptroller shall cause an  order to be drawn for the transfer of the amount certified into the Tax Compliance and Administration Fund and the payment of two-thirds of the amounts certified in item (i) of this subsection to the Authority and one-third of the amounts certified in item (i) of this subsection to the respective counties other than Cook County and the amount certified in items (ii) and (iii) of this subsection to the Authority.In addition to the disbursement required by the preceding paragraph, an  allocation shall be made in July 1991 and each year thereafter to the  Regional Transportation Authority.  The allocation shall be made in an  amount equal to the average monthly distribution during the preceding  calendar year (excluding the 2 months of lowest receipts) and the  allocation shall include the amount of average monthly distribution from  the Regional Transportation Authority Occupation and Use Tax Replacement  Fund.  The distribution made in July 1992 and each year thereafter under  this paragraph and the preceding paragraph shall be reduced by the amount  allocated and disbursed under this paragraph in the preceding calendar  year.  The Department of Revenue shall prepare and certify to the  Comptroller for disbursement the allocations made in accordance with this  paragraph.(o) Failure to adopt a budget ordinance or otherwise to comply with  Section 4.01 of this Act or to adopt a Five-year Capital Program or otherwise to  comply with paragraph (b) of Section 2.01 of this Act shall not affect  the validity of any tax imposed by the Authority otherwise in conformity  with law.(p) At no time shall a public transportation tax or motor vehicle  parking tax authorized under paragraphs (b), (c), and (d) of this Section  be in effect at the same time as any retailers' occupation, use or  service occupation tax authorized under paragraphs (e), (f), and (g) of  this Section is in effect.Any taxes imposed under the authority provided in paragraphs (b), (c),  and (d) shall remain in effect only until the time as any tax  authorized by paragraph (e), (f), or (g) of this Section are imposed and  becomes effective. Once any tax authorized by paragraph (e), (f), or (g)  is imposed the Board may not reimpose taxes as authorized in paragraphs  (b), (c), and (d) of the Section unless any tax authorized by paragraph   (e), (f), or (g) of this Section becomes ineffective by means  other than an ordinance of the Board.(q) Any existing rights, remedies and obligations (including  enforcement by the Regional Transportation Authority) arising under any  tax imposed under paragraph (b), (c), or (d) of this Section shall not  be affected by the imposition of a tax under paragraph (e), (f),  or (g)  of this Section.  (Source: P.A. 100-23, eff. 7-6-17; 100-587, eff. 6-4-18; 100-1171, eff. 1-4-19; 101-10, eff. 6-5-19; 101-81, eff. 7-12-19; 101-604, eff. 12-13-19.)