Illinois Compiled Statutes 35 ILCS 120 Retailers' Occupation Tax Act. Section 1r

    (35 ILCS 120/1r)

    Sec. 1r. Building materials exemption; public-private partnership transportation projects.

    (a) Each retailer that makes a qualified sale of building materials to be incorporated into a "project" as defined in the Public-Private Partnerships for Transportation Act, by remodeling, rehabilitating, or new construction, may deduct receipts from those sales when calculating the tax imposed by this Act.

    (b) As used in this Section, "qualified sale" means a sale of building materials that will be incorporated into a project for which a Certificate of Eligibility for Sales Tax Exemption has been issued by the agency having authority over the project.

    (c) To document the exemption allowed under this Section, the retailer must obtain from the purchaser a copy of the Certificate of Eligibility for Sales Tax Exemption issued by the agency having jurisdiction over the project into which the building materials will be incorporated is located. The Certificate of Eligibility for Sales Tax Exemption must contain all of the following:

        (1) statement that the project identified in the

    Certificate meets all the requirements of the agency having authority over the project;

        (2) the location or address of the project; and

        (3) the signature of the director of the agency with

    authority over the project or the director's delegate.

    (d) In addition to meeting the requirements of subsection (c) of this Act, the retailer must obtain a certificate from the purchaser that contains all of the following:

        (1) a statement that the building materials are being

    purchased for incorporation into a project in accordance with the Public-Private Partnerships for Transportation Act;

        (2) the location or address of the project into which

    the building materials will be incorporated;

        (3) the name of the project;

        (4) a description of the building materials being

    purchased; and

        (5) the purchaser's signature and date of purchase.

    (e) This Section is exempt from Section 2-70 of this Act.

(Source: P.A. 97-502, eff. 8-23-11.)

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Last modified: February 18, 2015