The tax is imposed at the rate of 6% on a parking space paid on an hourly, daily or weekly basis and 9% of the purchase price for a parking space paid for on a monthly or annual basis.
The charge or fee for parking is the gross amount of consideration for the use or privilege of parking. The charge subject to tax does not include the amount of the tax imposed by the Act or any other tax imposed on the charge or fee. The charge subject to tax also excludes amounts retained by or paid to a booking intermediary for services provided by the booking intermediary.
An "operator" is "any person who engages in the business of operating a parking area or garage."
The term "parking area or garage" means "any real estate, building, structure, premises, enclosure or other place, whether enclosed or not, except a public way, within the State where motor vehicles, . . . are stored, housed or parked for hire, charge fee or other valuable consideration in a condition ready for use . . . ."
The term "person" means "any natural individual, firm, trust, estate, partnership, association, joint stock company, joint venture, corporation, limited liability company, or a receiver, trustee, guardian, or other representative appointed by order of any court."
Some things to note from the definitions -
First, the definition of the term "person" does not include governmental units. Therefore, it appears governmental units do not fall with the definition of the term "operator" in the Act.
Second, the term "parking area or garage" excludes a "public way" so it appears that tax does not apply on street parking. This would appear to exclude parking at meters in City of Chicago.
However, the definition of parking area or garage seems to include parking areas or garages owned by governmental bodies.
Section 10-40 of the Act provides that persons engaged in valet services are subject to the tax on the purchase price received in connection with their valet parking operations. Persons who provide valet services can take a credit for the amount of tax they pay to the operator of a parking lot or garage when they park cars subject to their valet service in a lot or garage owned by another operator.
The imposition of the tax on valet services appears to be on the provider of the valet service and not the purchaser. Contrast this with Section 10-10 of the Act which imposes the tax on the privilege of using a parking space and is collected from the purchaser by the operator.
Returns are due on the last day of the month for the preceding month
Exemptions include:
1) The Federal government,
2) Residential off-street parking for home or apartment tenants or condo occupants,
3 ) Parking by hospital employees in a parking space owned and operated by the hospital - (question about a hospital with multiple legal entities),
4) Parking in an area or garage where 3 or fewer motor vehicles are parked