Illinois Administrative Code › Title 86 - REVENUE › Part 510 - THE PUBLIC UTILITIES REVENUE ACT › Section 510.101 - Definitions

Current through Register Vol. 48, No. 28, July 12, 2024
When used in these regulations, the following words and phrases
				shall have the meanings hereinafter defined [35 ILCS 620/1
				]:
"Act" means the Public Utilities Revenue Act [35 ILCS
				620 ] (the Act).
"Consumer Price Index" means the Consumer Price Index
				For All Urban Consumers for all items published by the United States Department
				of Labor; provided that if this index no longer exists, the Department of
				Revenue shall prescribe the use of a comparable, substitute
				index.
"Department" means the Department of Revenue of the
				State of Illinois
.
"Director" means the Director of Revenue for the
				Department of Revenue of the State of Illinois
.
"Distributing electricity" means delivering electric
				energy to an end user over facilities owned, leased, or controlled by the
				taxpayer.
The phrase
"gross receipts" means the consideration
				received for electricity distributed, supplied, furnished or sold to persons
				for use or consumption and not for resale, and for all services (including the
				transmission of electricity for an end-user) rendered in connection therewith,
				and includes 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
. (Section 1 of the Act)
"Gross receipts" shall not include receipts from:
any minimum or other charge for electricity or electric
				service where the customer has taken no kilowatt-hours of
				electricity;
any charge for a dishonored check;
any finance or credit charge, penalty or charge for
				delayed payment, or discount for prompt payment;
any charge for reconnection of service or for
				replacement or relocation of facilities;
any advance or contribution in aid of
				construction;
repair, inspection or servicing of equipment located on
				customer premises;
leasing or rental of equipment, the leasing or rental
				of which is not necessary to distributing, furnishing, supplying, selling or
				transporting electricity;
any sale to a customer if the taxpayer is prohibited by
				federal or State constitution, treaty, convention, statute or court decision
				from recovering the related tax liability from such customer;
				and
any charges added to customers' bills pursuant to the
				provisions of Section 9-221 or Section 9-222 of the Public Utilities Act, as
				amended or any charges added to customers' bills by taxpayers who are not
				subject to rate regulation by the Illinois Commerce Commission for the purpose
				of recovering any of the tax liabilities or other amount specified in such
				provisions of such Act. In case credit is extended, the amount thereof shall be
				included only as and when payments are received.
"Gross Receipts" shall not include consideration
				received from business enterprises certified under Section 9-222.1 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.
(Section 1 of the Act)
"Invested capital" in the case of an electric
				cooperative subject to the tax imposed by Section 2a.1 means an amount equal to
				the product determined by multiplying, (i) the average of the balances at the
				beginning and end of the taxable period of the taxpayer's total equity
				(including memberships, patronage capital, operating margins, non-operating
				margins, other margins and other equities), as set forth on the balance sheets
				included in the taxpayer's annual report to the United States Department of
				Agriculture Rural Utilities Services (established pursuant to the federal Rural
				Electrification Act of 1936, as amended), by (ii) the fraction determined under
				Sections 301 and 304(a) of the Illinois Income Tax Act, as amended, for the
				taxable period.
"Person" means any natural individual, firm, trust,
				estate, partnership, association, joint stock company, joint adventure,
				corporation, limited liability company or a receiver, trustee, guardian or
				other representative appointed by order of any court, or any city, town, county
				or other political subdivision of this State.
"Taxpayer" for purposes of the tax on the distribution
				of electricity imposed by
the
Act means an electric
				cooperative, an electric utility, or an alternative retail electric supplier
				(other than a person that is an alternative retail electric supplier solely
				pursuant to subsection (e) of Section 16-115 of the Public Utilities Act), as
				those terms are defined in the Public Utilities Act, engaged in the business of
				distributing electricity in this State for use or consumption and not for
				resale.
"Taxpayer" for purposes of the Public Utilities Revenue
				Tax means a person engaged in the business of distributing, supplying,
				furnishing, or selling electricity for use or consumption and not for
				resale
.
"
Taxable period" means each calendar year which ends
				after the effective date of the Act. In the case of an electric cooperative
				subject to the tax imposed by Section 2a.1, "taxable period" means each
				calendar year ending after the effective date of
the
Act and
				covered by an annual report filed by the taxpayer with the United States
				Department of Agriculture Rural Utilities Services
. [35 ILCS
				620/1 ]
"Units of local government" means counties,
				municipalities, townships, special districts, and units, designated as units of
				local government by law, which exercise limited governmental powers or powers
				in respect to limited governmental subjects, but does not include school
				districts.
For purposes of this definition,
"municipalities"
				means cities, villages and incorporated towns.
(Ill. Const. Art. VII,
				§ 1)