Signed by Governor JB Pritzker

Vote Smart's Synopsis:

Vote to concur with House amendments and pass a bill that establishes a tax amnesty program.

Highlights:

• Establishes a tax amnesty period from October 1, 2019 to November 15, 2019 that will pardon any interest or penalties accrued from owing taxes to the state of Illinois if the taxpayer pays the entire amount of the taxes they owe from between June 30, 2011 and July 1, 2018 (Sec. 10). 

• Establishes a tax amnesty period from October 1, 2019 to November 15, 2019 that will pardon any franchise tax or license fee accrued from owing taxes to the state of Illinois if the taxpayer pays the entire amount of the taxes and fees they owe from between March 15, 2008 and June 30, 2019 (Sec. 5-10). 

• Defines “managed care organization” as an entity operating under a certificate of authority issued pursuant to the Health Maintenance Organization Act or as a Managed Care Community Network pursuant to Sections five through eleven of the Public Aid Code (Sec. 5).

• Defines “member months” as the aggregate total number of months all individuals are enrolled for coverage in a Managed Care Organization during the base year (Sec. 5).

• Prohibits managed care organizations from discretely passing the cost of assessment pursuant to Article V-H of the Public Aid Code on to clients in addition to their premiums (Sec. 5-10). 

• Requires the Department to give the Department of Healthcare and Family Services member months and premium revenue data required for implementing the assessment imposed under Article V-H of the Public Aid Code (Sec. 5-10).

• Authorizes an assessment to be calculated from member months and base year data in accordance with a specified tier system for State Fiscal Years 2020 through 2025 (Sec. 5). 

• Establishes that the Department will provide information to each managed care organization on its annual fiscal year 2020 assessment and the installment due dates (Sec. 5).

• Defines “marketplace” as a physical or electronic place, forum, platform, application, or other method by which a marketplace seller sells or offers to sell items (Sec. 2).

• Defines “marketplace facilitator” as a person who, in line with an agreement with a marketplace seller, facilitates sales of tangible personal property by that marketplace seller (Sec. 2). 

• Defines “marketplace seller” as a person that sells or offers to sell tangible personal property through a marketplace (Sec. 2).

• Specifies that beginning January 1, 2020, marketplace facilitators will be regarded as the retailer for each sale of tangible personal property made on the marketplace if (Sec. 2):

• The cumulative gross receipts from sales to purchasers in Illinois facilitated are equal to $100,000 or more; or

• The marketplace facilitator and sellers enter into two hundred or more transactions with purchasers from Illinois. 

• Requires marketplace facilitators who fit the aforementioned qualifications to collect and remit the tax imposed under this Act and file returns the following year (Sec. 2).

• Requires marketplace facilitators who collect and remit this tax to follow the same procedures and comply with the same requirements as all retailers required to collect and remit the tax imposed by this Act (Sec. 2).

• Extends the tax exemption on manufacturing machinery and equipment from the tangible personal property taxes imposed under this act (Sec. 3-5).

• Repeals beginning December 31, 2022, the Corporate Franchise Tax Refund Fund and specifies that any remaining funds shall be transferred to the General Revenue Fund for the repayment of refunds (Sec. 15).

Full Bill Text