For the purpose of the taxes authorized by this article, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
AMOUNT PAID. The amount charged to the taxpayer’s service address in the village regardless of where such amount is billed or paid.
GROSS CHARGE. The amount paid for the act or privilege of originating or receiving telecommunications in the village and for all services rendered in connection therewith, valued in money whether paid in money or otherwise, including cash, credits, services and property of every kind or nature, and shall be determined without any deduction on account of the cost of such telecommunications, the cost of the materials used, labor or service costs or any other expense whatsoever. In case credit is extended, the amount thereof shall be included only as and when paid. However, GROSS CHARGE shall not include:
(1) Any amounts added to a purchaser’s bill because of a charge made pursuant to the tax imposed by this article, additional charges added to a purchaser’s bill pursuant to the Public Utilities Act, 220 ILCS 5/9-222, the tax imposed by the Telecommunications Excise Tax Act, 35 ILCS 630/1 et seq., or the tax imposed by the Internal Revenue Code at 26 U.S.C. § 4251;
(2) Charges for a sent collect telecommunication received outside of the village;
(3) Charges for leased time on equipment or charges for the storage of data or information or subsequent retrieval or the processing of data or information intended to change its form or content. Such equipment includes, but is not limited to, the use of calculators, computers, data processing equipment, tabulating equipment or accounting equipment and also includes the usage of computers under a timesharing agreement;
(4) Charges for customer equipment, including such equipment that is leased or rented by the customer from any source, wherein such charges are disaggregated and separately identified from other charges;
(5) Charges to business enterprises certified under the Public Utilities Act, 220 ILCS 5/9-222.1, to the extent of such exemption and during the period of time specified by the Department of Commerce and Community Affairs;
(6) Charges for telecommunications and all services and equipment provided in connection therewith between a parent corporation and its wholly owned subsidiaries or between wholly owned subsidiaries when the tax imposed under this section has already been paid to a retailer and only to the extent that the charges between the parent corporation and wholly owned subsidiaries or between wholly owned subsidiaries represent expense allocation between the corporations and not the generation of profit for the corporation rendering such service;
(7) Bad debts (
BAD DEBT means any portion of a debt that is related to a sale at retail for which gross charges are not otherwise deductible or excludable that has become worthless or uncollectible, as determined under applicable federal income tax standards; if the portion of the debt deemed to be bad is subsequently paid, the retailer shall report and pay the tax on that portion during the reporting period in which the payment is made); or
(8) Charges paid by inserting coins in coin-operated telecommunication devices.
INTERSTATE TELECOMMUNICATIONS. All telecommunications that either originate or terminate outside the state.
INTRASTATE TELECOMMUNICATIONS. All telecommunications that originate and terminate within the state.
PERSON. Any natural individual, firm, trust, estate, partnership, association, joint stock company, joint venture, corporation or a receiver, trustee, guardian or other representative appointed by order of any court, the federal and state governments, including state universities created by statute, or any city, town, county or other political subdivision of the state.
PURCHASE AT RETAIL. The acquisition, consumption or use of telecommunications through a sale at retail.
RETAILER. Every person engaged in the business of making sales at retail as defined in this section. A municipality may, in its discretion, upon application, authorize the collection of the tax hereby imposed by any retailer not maintaining a place of business within the state, who to the satisfaction of the village, furnishes adequate security to insure collection and payment of the tax. Such RETAILER shall be issued, without charge, a permit to collect such tax. When so authorized, it shall be the duty of such RETAILER to collect the tax upon all of the gross charges for telecommunications in such municipality in the same manner and subject to the same requirements as a retailer maintaining a place of business within such municipality.
RETAILER MAINTAINING A PLACE OF BUSINESS IN THIS STATE. This phrase, or any like term or phrase, means and includes any retailer having or maintaining within the state, directly or by a subsidiary, an office, distribution facilities, transmission facilities, sales office, warehouse or other place of business, or any agent or other representative operating within the state under the authority of the retailer or its subsidiary, irrespective of whether such place of business or agent or other representative is located here permanently or temporarily, or whether such retailer or subsidiary is licensed to do business in the state.
SALE AT RETAIL. The transmitting, supplying or furnishing of telecommunications and all services rendered in connection therewith for a consideration, to persons other than the federal and state governments, and state universities created by statute and other than between a parent corporation and its wholly owned subsidiaries or between wholly owned subsidiaries, when the tax has already been paid to a retailer and the gross charge made by one such corporation to another such corporation is not greater than the gross charge paid to the retailer for their use or consumption and not for resale.
SERVICE ADDRESS. The location of telecommunications equipment from which telecommunications services are originated or at which telecommunications services are received by a taxpayer. If this is not a defined location, as in the case of mobile phones, paging systems, maritime systems, air-to-ground systems and the like, SERVICE ADDRESS shall mean the location of a taxpayer’s primary use of the telecommunication equipment as defined by telephone number, authorization code or location in the state where bills are sent.
TAXPAYER. A person who individually or through his or her agents, employees or permittees engages in the act of privilege of originating in the village receiving telecommunications and who incurs a tax liability under this article.
TELECOMMUNICATIONS. In addition to the usual and popular meaning, includes, but is not limited to, messages or information transmitted through use of local, toll and wide area telephone service, channel services, telegraph services, teletypewriter service, computer exchange services, cellular mobile telecommunications service, specialized mobile radio services, paging service or any other form of mobile and portable one-way or two-way communications, or any other transmission of messages or information by electronic or similar means, between or among points by wire, cable, fiber optics, laser, microwave, radio, satellite or similar facilities. The definition of TELECOMMUNICATIONS shall not include value added services in which computer processing applications are used to act on the form, content, code and protocol of the information for purposes other than transmission. TELECOMMUNICATIONS shall not include the purchase of telecommunications by a telecommunications service provider for use as a component part of the service provided by him or her to the ultimate retail consumer who originates or terminates the taxable end-to-end communications. Carrier access charges, right of access charges, charges for use of inter-company facilities and all telecommunications resold in the subsequent provision used as a component of, or integrated into, end-to-end telecommunications service shall be non-taxable as sales for resale.
(Ord. 93-10-90, passed 10-12-1993)