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Illinois Compiled Statutes

35 ILCS 105/3-65 (2026)

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(35 ILCS 105/3-65) (from Ch. 120, par. 439.3-65)
    Sec. 3-65. R.O.T. nontaxability. If the seller of tangible personal property for use would not be taxable under the Retailers' Occupation Tax Act despite all elements of the sale occurring in Illinois, then the tax imposed by this Act does not apply to the use of the tangible personal property in this State.
(Source: P.A. 91-51, eff. 6-30-99.)

    
Notes of Decisions
Cited in 2 cases, 1998–2002 · leading case: JI Aviation, Inc. v. Dep't of Revenue (Ill. App. Ct. 2002).
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JI Aviation, Inc. v. Dep't of Revenue (Ill. App. Ct. 2002). “" Moreover, under section 3-65 of the Use Tax Act (35 ILCS 105/3-65 (West 1994)): "If the seller of tangible personal property for use would not be taxable under the Retailers' Occupation Tax Act despite all elements of the sale occurring in Illinois, then the tax imposed by…”
Brown v. Zehnder (Ill. App. Ct. 1998). “35 ILCS 105/3-65 (West 1994). Both statutes impose a tax of 6.”
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