Illinois Administrative Code › Title 86 - REVENUE › Part 130 - RETAILERS' OCCUPATION TAX › Subpart S - SPECIFIC APPLICATIONS › Section 130.1954 - Sales of Building Materials Incorporated into Real Estate within River Edge Redevelopment Zones

Current through Register Vol. 48, No. 28, July 12, 2024
a)
				River Edge Redevelopment Zone - In General
1)
				Effective July 12, 2006, each
retailer that makes a qualified sale of
				building materials to be incorporated into real estate within a River Edge
				Redevelopment Zone in accordance with the River Edge Redevelopment Zone Act by
				remodeling, rehabilitating, or new construction may deduct receipts from those
				sales when calculating the tax imposed by the Act.
(Section 2-54 of
				the Retailers' Occupation Tax Act [35
				ILCS 120/2-54 ])
2) A
"qualified sale" means a sale of
				building materials that will be incorporated into real estate as part of an
				industrial or commercial project for which a Certificate of Eligibility for
				Sales Tax Exemption has been issued by the corporate authorities of the
				municipality in which the building project is located before July 1, 2013, and
				for which a River Edge Building Materials Exemption Certificate has been issued
				by the Department on or after July 1, 2013.
(Section 2-54 of the
				Retailers' Occupation Tax Act [35 ILCS 120/2-54])
3) "Industrial project" means:
A) a capital project, including one or more
				buildings and other structures, improvements, machinery and equipment, whether
				or not on the same site or sites, suitable for use by any manufacturing,
				industrial, research, transportation or commercial enterprise, including but
				not limited to use as a factory, mill, processing plant, assembly plant,
				packaging plant, fabricating plant, ethanol plant, office building, industrial
				distribution center, warehouse, repair, overhaul or service facility, freight
				terminal, research facility, test facility, railroad facility, port facility,
				solid waste and wastewater treatment and disposal sites and other pollution
				control facilities, resource or waste reduction, recovery, treatment and
				disposal facilities, and:
i) the sites of any
				of the facilities listed in this subsection (a)(3)(A) and other rights in land
				for those facilities, whether improved or unimproved;
ii) site preparation and landscaping for
				facilities listed in this subsection (a)(3)(A); and
iii) all appurtenances and facilities
				incidental to the facilities listed in this subsection (a)(3)(A), such as
				utilities, access roads, railroad sidings, truck docking and similar
				facilities, parking facilities, dockage, wharfage, railroad roadbed, track,
				trestle, depot, terminal, switching and signaling equipment or related
				equipment, and other necessary or convenient improvements; or
B) any land, buildings, machinery
				or equipment comprising an addition to or renovation, rehabilitation or
				improvement of any existing capital project.
4) "Commercial project" means any project,
				including but not limited to one or more buildings and other structures,
				improvements, machinery and equipment, whether or not on the same site or
				sites, suitable for use by any retail or wholesale concern, distributorship or
				agency, any cultural facilities of a for-profit or not-for-profit type,
				including but not limited to educational, theatrical, recreational and
				entertainment, sports facilities, racetracks, stadiums, convention centers,
				exhibition halls, arenas, opera houses and theaters, waterfront improvements,
				swimming pools, boat storage, moorage, docking facilities, restaurants,
				velodromes, coliseums, sports training facilities, parking facilities,
				terminals, hotels and motels, gymnasiums, medical facilities and port
				facilities.
5) Nothing in the
				definitions of "industrial project" or "commercial project" is meant to imply
				that the building materials exemption for an industrial project or commercial
				project may extend beyond the borders of the River Edge Redevelopment Zone or
				may extend beyond the exemption of sales of building materials incorporated
				into an industrial project or commercial project.