Illinois Compiled Statutes
35 ILCS 105/18 (2026)
If any clause, sentence, Section, provision or part of this Act or the application thereof to any person or circumstance shall be adjudged to be unconstitutional, the remainder of this Act or its application to persons or circumstances other than those to which it is held invalid, shall not be affected thereby
✓ current as of May 2026
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(35 ILCS 105/18)
(from Ch. 120, par. 439.18)
Sec. 18.
If any clause, sentence, Section, provision or part of this Act or
the application thereof to any person or circumstance shall be adjudged to
be unconstitutional, the remainder of this Act or its application to
persons or circumstances other than those to which it is held invalid,
shall not be affected thereby. In particular, if any provision which
exempts or has the effect of exempting some class of users or some kind of
use from the tax imposed by this Act should be held to constitute or to
result in an invalid classification or to be unconstitutional for some
other reason, such provision shall be deemed to be severable, with the
remainder of this Act without said provision being held constitutional.
(Source: Laws 1955, p. 2027.)
Notes of Decisions
Cited in 2
cases, 2013–2013 · leading case: Performance Mktg. Ass'n, Inc. v. Hamer, 2013 IL 114496 (Ill. 2013).
Performance Mktg. Ass'n, Inc. v. Hamer, 2013 IL 114496 (Ill. 2013). “35 ILCS 105/18 (West 2012). -21- law to facilitate the collection of existing use taxes to which the state is legally entitled.”
Performance Mktg. Ass'n, Inc. v. Hamer, 2013 IL 114496 (Ill. 2013). “35 ILCS 105/18 (West 2012). -16- ¶ 64 Today’s decision by the majority marks the first time a court of review in the United States has determined that the Internet Tax Freedom Act preempts a state from enacting an internet affiliate tax law to facilitate the collection of…”
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