Sec. 15. Application of this Act.

458 words·~2 min read·/il/chapter-35/act-638/15

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Sec. 15. Application of this Act. The provisions of this Act shall apply as follows:

(a)General provisions. This Act shall apply to any tax, charge, or fee levied by the State or a taxing jurisdiction within this State as a fixed charge for each customer or measured by gross amounts charged to customers for mobile telecommunications services, regardless of whether the tax, charge, or fee is imposed on the vendor or customer of the service and regardless of the terminology used to describe the tax, charge, or fee.

(b)General exceptions. This Act does not apply to:

(1)any tax, charge, or fee levied upon or measured by the net income, capital stock,

net worth, or property value of the provider of mobile telecommunications service;

(2)any tax, charge, or fee that is applied to an equitably apportioned amount that is

not determined on a transactional basis;

(3)any tax, charge, or fee that represents compensation for a mobile telecommunications

service provider's use of public rights of way or other public property, provided that such tax, charge, or fee is not levied by the taxing jurisdiction as a fixed charge for each customer or measured by gross amounts charged to customers for mobile telecommunications services;

(4)any generally applicable business and occupation tax that is imposed by a State, is

applied to gross receipts or gross proceeds, is the legal liability of the home service provider, and that statutorily allows the home service provider to elect to use the sourcing method required in this Act;

(5)any fee related to obligations under Section 254 of the federal Communications Act

of 1934; or

(6)any tax, charge, or fee imposed by the Federal Communications Commission.

(c)Specific exceptions. The provisions of this Act:

(1)do not apply to the determination of the taxing situs of prepaid telephone calling

services;

(2)do not affect the taxability of either the initial sale of mobile telecommunications

services or subsequent resale of such services, whether as sales of such services alone or as a part of a bundled product, if the federal Internet Tax Freedom Act would preclude a taxing jurisdiction from subjecting the charges of the sale of such services to a tax, charge, or fee, but this Section provides no evidence of the intent of the General Assembly with respect to the applicability of the federal Internet Tax Freedom Act to such charges; and

(3)do not apply to the determination of the taxing situs of air-ground radiotelephone

service as defined in Section 22.99 of Title 47 of the Code of Federal Regulations as in effect on June 1, 1999.

(d)Date of applicability. The provisions of this Act apply to customer bills issued on or after August 1, 2002.