New Illinois Aviation Fuel Tax Legislation

New Illinois' Aviation Fuel Tax Legislation

11/20/2017

Federal law (49 USC § 47133) requires that "state and local taxes" on aviation fuel be used for airport purposes. While 5% of our 6.25% State tax is grandfathered, the IATA and IPAA along with the Illinois Department of Transportation and Department of Revenue have been in discussions throughout the year regarding the remaining 1.25% State Tax. Although Illinois failed to meet its deadline, the expectation is that we have a bill passed at the beginning of the 2018 Legislative Session.

Legislation Highlights:

A new fuel tax return will be necessary.
The State 1.25% rate will go into a new fund reserved for "airport-related purposes."
Each municipality must use its aviation fuel tax revenue for airport-related purposes.

The current point of contention is a proposal to distribute funds based on "enplanements." The IATA opposes this and has proposed instead to allow a priority rating system determined by IDOT. We are continuing to work with the State on this issue and hope for swift resolution in the upcoming months.

REFERENCES
Federal Law 49 USC § 47133
FAA's Policy Amendment on aviation fuel tax revenue usage.
Illinois' Senate Bill 482, Amendment 2 from November 2017, containing the "enplanement" language.

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