86 Ill. Adm. Code 130.111
Sale of Used Motor Vehicles, Aircraft, or Watercraft by Leasing or Rental Business
Section 130
Section 130.111 Sale of Used
Motor Vehicles, Aircraft, or Watercraft by Leasing or Rental Business
a) Any person engaged in the business of leasing or renting motor
vehicles, aircraft or watercraft, to others and who, in connection therewith,
sells any used motor vehicle, aircraft or watercraft, to a purchaser or lessor
for use and not for resale is a retailer selling tangible personal property at
retail to the extent of the value of the vehicle, aircraft, or watercraft sold.
b) For purposes of this Section, "motor vehicle" has
the meaning prescribed in Section 1-157 of the Illinois Vehicle Code [625 ILCS
5/1-157]. "Motor vehicle" means a motor vehicle of the First
Division, including a multipurpose passenger vehicle that is designed for
carrying not more than 10 persons.
c) For purposes of this Section,
"aircraft"
means any device used or designed to carry humans in flight as specified by the
Department of Transportation by rule.
(See 92 Ill. Adm. Code 14.105.)
All
devices required to be licensed as "aircraft" by the Federal Aviation
Administration (FAA) are "aircraft"
. [620 ILCS 5/3]
d) For purposes of this Section, "watercraft"
has the meaning prescribed in Section 15-5 of the Watercraft Use Tax Law [625
ILCS 158/15-5]. "Watercraft" means any watercraft 16 feet or greater
in length, except kayaks and canoes. "Watercraft" includes any "personal
watercraft" as defined in Section 1-2 of the Illinois Boat Registration
and Safety Act [625 ILCS 45/1-2]. An example of a "personal watercraft"
is a jet ski, regardless of its size or length.