(625 ILCS 5/3‑1001) (from Ch. 95 1/2, par. 3‑1001)
Sec. 3‑1001. A tax is hereby imposed on the privilege of using, in this State, any motor vehicle as defined in Section 1‑146 of this Code acquired by gift, transfer, or purchase, and having a year model designation preceding the year of application for title by 5 or fewer years prior to October 1, 1985 and 10 or fewer years on and after October 1, 1985 and prior to January 1, 1988. On and after January 1, 1988, the tax shall apply to all motor vehicles without regard to model year. Except that the tax shall not apply
(i) if the use of the motor vehicle is otherwise
| taxed under the Use Tax Act; | |
(ii) if the motor vehicle is bought and used by a |
| governmental agency or a society, association, foundation or institution organized and operated exclusively for charitable, religious or educational purposes; | |
(iii) if the use of the motor vehicle is not subject |
| to the Use Tax Act by reason of subsection (a), (b), (c), (d), (e) or (f) of Section 3‑55 of that Act dealing with the prevention of actual or likely multistate taxation; | |
(iv) to implements of husbandry;
(v) when a junking certificate is issued pursuant to |
| Section 3‑117(a) of this Code; | |
(vi) when a vehicle is subject to the replacement |
| vehicle tax imposed by Section 3‑2001 of this Act; | |
(vii) when the transfer is a gift to a beneficiary |
| in the administration of an estate and the beneficiary is a surviving spouse. | |
Prior to January 1, 1988, the rate of tax shall be 5% of the selling price for each purchase of a motor vehicle covered by Section 3‑1001 of this Code. Except as hereinafter provided, beginning January 1, 1988, the rate of tax shall be as follows for transactions in which the selling price of the motor vehicle is less than $15,000: |
Number of Years Transpired After | Applicable Tax | Model Year of Motor Vehicle | | 1 or less | $390 | 2 | 290 | 3 | 215 | 4 | 165 | 5 | 115 | 6 | 90 | 7 | 80 | 8 | 65 | 9 | 50 | 10 | 40 | over 10 | 25 |
|
Except as hereinafter provided, beginning January 1, 1988, the rate of tax shall be as follows for transactions in which the selling price of the motor vehicle is $15,000 or more: |
Selling Price | Applicable Tax | $15,000 ‑ $19,999 | $ 750 | $20,000 ‑ $24,999 | $1,000 | $25,000 ‑ $29,999 | $1,250 | $30,000 and over | $1,500 |
|
For the following transactions, the tax rate shall be $15 for each motor vehicle acquired in such transaction:
(i) when the transferee or purchaser is the spouse, |
| mother, father, brother, sister or child of the transferor; | |
(ii) when the transfer is a gift to a beneficiary in |
| the administration of an estate and the beneficiary is not a surviving spouse; | |
(iii) when a motor vehicle which has once been |
| subjected to the Illinois retailers' occupation tax or use tax is transferred in connection with the organization, reorganization, dissolution or partial liquidation of an incorporated or unincorporated business wherein the beneficial ownership is not changed. | |
A claim that the transaction is taxable under subparagraph (i) shall be supported by such proof of family relationship as provided by rules of the Department.
For a transaction in which a motorcycle, motor driven cycle or moped is acquired the tax rate shall be $25.
On and after October 1, 1985, 1/12 of $5,000,000 of the moneys received by the Department of Revenue pursuant to this Section shall be paid each month into the Build Illinois Fund and the remainder into the General Revenue Fund.
The tax imposed by this Section shall be abated and no longer imposed when the amount deposited to secure the bonds issued pursuant to the Build Illinois Bond Act is sufficient to provide for the payment of the principal of, and interest and premium, if any, on the bonds, as certified to the State Comptroller and the Director of Revenue by the Director of the Governor's Office of Management and Budget.
(Source: P.A. 96‑554, eff. 1‑1‑10.) |
(625 ILCS 5/3‑1003) (from Ch. 95 1/2, par. 3‑1003)
Sec. 3‑1003. The Department shall have full power to administer and enforce this Article; to collect all taxes, penalties and interest due hereunder; to dispose of taxes, penalties and interest so 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 Article, the Department and persons who are subject to this Article shall have the same rights, remedies, privileges, immunities, powers and duties, and be subject to the same conditions, restrictions, limitations, penalties and definitions of terms, and employ the same modes of procedure, as are prescribed in the Use Tax Act, as now or hereafter amended, which are not inconsistent with this Article, as fully as if provisions contained in those Sections of the Use Tax Act were set forth in this Article.
In addition to any other penalties imposed under law, any person convicted of violating the provisions of this Article, shall be assessed a fine of $1,000.
(Source: P.A. 85‑444.) |