Illinois Administrative Code › Title 14 - COMMERCE › Part 520 - ENTERPRISE ZONE AND HIGH IMPACT BUSINESS PROGRAMS › Subpart R - AIRCRAFT MAINTENANCE FACILITY SALES TAX EXEMPTION › Section 520.1800 - Definitions

Current through Register Vol. 48, No. 28, July 12, 2024
The following definitions are applicable to this Subpart
				  R.
"Act" means Section 1k of the Retailers' Occupation Tax Act
				  [35 ILCS
				  120/1k ].
"Aircraft maintenance facility" means a facility operated by
				  an interstate carrier for hire that is used primarily for the maintenance,
				  rebuilding or repair of aircraft, aircraft parts and auxiliary equipment owned
				  or leased by that carrier and used by that carrier as rolling stock moving in
				  interstate commerce.
"Contractually obligated" means the business enterprise has
				  entered into a legally binding agreement with the Department to comply with
				  Section 1k of the Retailers' Occupation Tax Act.
"Department" means the Department of Commerce and Economic
				  Opportunity.
"Eligible investments" means a $400,000,000 investment in
				  qualified property at an aircraft maintenance facility located in a county with
				  population not less than 150,000 and not more than 200,000 and that contained
				  three enterprise zones as of December 31, 1990. Qualified properties are
				  statutorily defined in Section 201(f) of the Illinois Income Tax Act
				  [35 ILCS
				  5/201(f) ] or are
				  noncapital/nonroutine investments, and associated service costs (direct labor
				  or contractual fees) that will be placed in service at an aircraft maintenance
				  facility.
"Full-time equivalent job" means a job in which the
				  new employee works for the recipient or for a corporation under contract to the
				  recipient at a rate of at least 35 hours per week. A recipient who employs
				  labor or services at a specific site or facility under contract with another
				  may declare one full-time, permanent job for every 1820 man hours worked per
				  year under that contract. Vacations, paid holidays, and sick time are included
				  in this computation. Overtime is not considered a part of regular
				  hours.
[20 ILCS
				  655/3(i) ]
"Full-time retained job" means any employee defined
				  as having a full-time or full-time equivalent job preserved at a specific
				  facility or site, the continuance of which is threatened by a specific and
				  demonstrable threat, which shall be specified in the application for
				  development assistance. A recipient who employs labor or services at a specific
				  site or facility under contract with another may declare one retained employee
				  per year for every 1750 man hours worked per year under that contract, even if
				  different individuals perform on-site labor or services.
[20 ILCS
				  655/3(j) ]
"Job creation" means at least 5000 full-time equivalent
				  employees have been hired at an aircraft maintenance facility. Job titles being
				  filled or refilled as a result of strikes cannot be computed as job
				  creation.
"New employee" means a full-time equivalent job that
				  represents a net increase in the number of the recipient's employees statewide.
				  "New employee" includes an employee who previously filled a new employee
				  position with the recipient who was rehired or called back from a layoff that
				  occurs during or following the base years. The term "new employee" does not
				  include any of the following:
An employee of the recipient who performs a job that was
				  previously performed by another employee in this State, if that job existed in
				  this State for at least 6 months before hiring the employee;
Any individual who has a direct or indirect ownership
				  interest of at least 5% in the profits, capital or value of any member of the
				  recipient;
A child, grandchild, parent or spouse, other than a spouse
				  who is legally separated from the individual, of any individual who has a
				  direct or indirect ownership interest of at least 5% in the profits, capital or
				  value of any member of the recipient;
Employee positions being filled or refilled as a result of
				  strikes or layoffs, or replacement workers used to replace recipient company
				  locked out employees.
"Placed in service" means the state or condition of readiness
				  and availability for a specifically assigned function as defined in
				  26 CFR
				  1.46 -
				  3(d). Eligible
				  investments as defined in this Section shall be considered placed in service on
				  the earlier of the date the property is placed in a condition of readiness and
				  availability for use or the date on which the depreciation period of that
				  property begins.