Illinois Administrative Code
Title 86 - REVENUE
Part 150 - USE TAX
Subpart A - NATURE OF THE TAX
Section 150.105 - Rate and Base of Tax
Current through Register Vol. 48, No. 12, March 22, 2024
a) The rate of the Use Tax after December 31, 1989, is 6.25 % of either the selling price or the fair market value, if any, of the tangible personal property involved. [35 ILCS 105/3-10 ]
b) Effective January 1, 1990 and prior to July 1, 2003, sales of gasohol are subject to tax, based upon 70% of the proceeds of sales. On and after July 1, 2003 and on or before July 1, 2017, tax shall be based upon 80% of the proceeds from sales of gasohol. After July 1, 2017, tax shall be based upon 100% of the proceeds of sales of gasohol. Effective July 1, 2003, if at any time, the tax under the Use Tax Act on sales of gasohol is imposed at the rate of 1.25 %, then the tax imposed by the Use Tax Act applies to 100% of the proceeds of sales of gasohol made during that time. [35 ILCS 105/3-10 ]
c) On and after July 1, 2003 and on or before December 31, 2023, Use Tax does not apply to the proceeds of sales of majority blended ethanol fuel but applies to 100% of the proceeds of sales made thereafter. [35 ILCS 105/3-10 ]
d) With respect to biodiesel blends with no less than 1% and no more than 10% biodiesel, the tax imposed by the Use Tax Act applies to (i) 80% of the proceeds of sales made on or after July 1, 2003 and on or before December 31, 2018 and (ii) 100% of the proceeds of sales made after December 31, 2018 and before January 1, 2024. On and after January 1, 2024 and on or before December 31, 2030, the taxation of biodiesel, renewable diesel, and biodiesel blends shall be as provided in Section 3-5.1 of the Use Tax Act, which is reflected in 86 Ill. Adm. Code 130.320 . If, at any time, however, the tax under the Use Tax Act on sales of biodiesel blends with no less than 1% and no more than 10% biodiesel is imposed at the rate of 1.25%, then the tax imposed by the Use Tax Act applies to 100% of the proceeds of sales of biodiesel blends with no less than 1% and no more than 10% biodiesel made during that time. [35 ILCS 105/3-10 ]
e) With respect to biodiesel and biodiesel blends with more than 10% but no more than 99% biodiesel, the tax imposed by the Use Tax Act does not apply to the proceeds of sales made on or after July 1, 2003 and on or before December 31, 2023. On and after January 1, 2024, the taxation of biodiesel, renewable diesel, and biodiesel blends shall be as provided in Section 3-5.1 of the Use Tax Act, which is reflected in 86 Ill. Adm. Code 130.320. [35 ILCS 105/3-10 ]