35 ILCS 636/5-50
2021 Illinois Compiled Statutes|Chapter 35 - REVENUE|35 ILCS 636/ - Simplified Municipal Telecommunications Tax Act.|Article 5 - Simplified Municipal Telecommunications Tax Act

Sec. 5-50. Returns to the Department.(a) Commencing on February 1, 2003, for the tax imposed under subsection (a)  of Section 5-20 of this Act, every retailer maintaining a place of business in  this State shall, on or before the last day of each month make a return to the  Department for the preceding calendar month, stating:(1) Its name;(2) The address of its principal place of business or     the address of the principal place of business (if that is a different address) from which it engages in the business of transmitting telecommunications;(3) Total amount of gross charges billed by it during     the preceding calendar month for providing telecommunications during the calendar month;(4) Total amount received by it during the preceding     calendar month on credit extended;(5) Deductions allowed by law;(6) Gross charges that were billed by it during the     preceding calendar month and upon the basis of which the tax is imposed;(7) Amount of tax (computed upon Item 6);(8) The municipalities to which the Department shall     remit the taxes and the amount of such remittances;(9) Such other reasonable information as the     Department may require.(b) Any retailer required to make payments under this Section  may make the payments by electronic funds transfer.  The Department  shall adopt rules necessary to effectuate a program of electronic  funds transfer.  Any retailer who has average monthly tax billings due to the Department under  this Act and the Telecommunications Excise Tax Act that exceed $1,000 shall  make all payments by electronic funds transfer as required by rules of the  Department.(c) If the retailer's average monthly tax billings due to the  Department under this Act and the Telecommunications Excise Tax Act do  not exceed $1,000, the Department may authorize such retailer's returns  to be filed on a quarter-annual basis, with the return for January,  February, and March of a given year being due by April 30th of that  year; with the return for April, May, and June of a given year being  due by July 31st of that year; with the return for July, August, and  September of a given year being due by October 31st of that year;  and with the return for October, November, and December of a given year  being due by January 31st of the following year.(d) If the retailer is otherwise required to file a monthly or  quarterly return and if the retailer's average monthly tax billings  due to the Department under this Act and the Telecommunications Excise  Tax Act do not exceed $400, the Department may authorize such  retailer's return to be filed on an annual basis, with the return for  a given year being due by January 31st of the following year.(e) Each retailer whose average monthly remittance to the  Department  under this Act and the Telecommunications Excise Tax Act  was $25,000 or more during the preceding calendar year, excluding the  month of highest remittance and the month of lowest remittance in such  calendar year, and who is not operated by a unit of local government,  shall make estimated payments to the Department on or before the 7th,  15th, 22nd, and last day of the month during which the tax remittance  is owed to the Department in an amount not less than the lower of  either 22.5% of the retailer's actual tax collections for the month  or 25% of the retailer's actual tax collections for the same  calendar month of the preceding year.  The amount of such quarter-monthly  payments shall be credited against the final remittance of the  retailer's return for that month.  Any outstanding credit, approved by  the Department, arising from the retailer's overpayment of its final  remittance for any month may be applied to reduce the amount of any  subsequent quarter-monthly payment or credited against the final  remittance of the retailer's return for any subsequent month.  If any  quarter-monthly payment is not paid at the time or in the amount  required by this Section, the retailer shall be liable for penalty and  interest on the  difference between the minimum amount due as a payment  and the amount of such payment actually and timely paid, except  insofar as the retailer has previously made payments for  that month to  the Department or received credits in excess of the minimum payments previously  due.(f) Notwithstanding any other provision of this Section  containing the time within which a retailer may file his or her return, in  the case of any retailer who ceases to engage in a kind of business  that makes him or her responsible for filing returns under this  Section, the retailer shall file a final return under this Section  with the Department not more than one month after discontinuing such  business.(g) In making such return, the retailer shall determine the  value of any consideration other than money received by it and such  retailer shall include the value in its return.  Such determination  shall be subject to review and revision by the Department in the  manner hereinafter provided for the correction of returns.(h) Any retailer who has average monthly tax billings due to the Department  under this Act and the Telecommunications Excise Tax Act that exceed $1,000  shall file the return required by this Section by electronic means as required  by rules of the Department.(i) The retailer filing the return herein provided for shall, at the time of  filing the return, pay to the Department the amounts due pursuant to this Act.  The Department shall immediately pay over to the State Treasurer, ex officio,  as trustee, 99.5% of all taxes, penalties, and interest collected hereunder for  deposit into the Municipal Telecommunications Fund, which is hereby created.  The remaining 0.5% received by the Department pursuant to this Act shall be  deposited into the Tax Compliance and Administration Fund and shall be used by  the Department, subject to appropriation, to cover the costs of the Department.On or before the 25th day of each calendar month, the Department shall  prepare and certify to the Comptroller the disbursement of stated sums of money  to be paid to named municipalities from the Municipal Telecommunications Fund  for amounts collected during the second preceding calendar month.  The named  municipalities shall be those municipalities identified by a retailer in such  retailer's return as having imposed the tax authorized by the Act.  The amount  of money to be paid to each municipality shall be the amount (not including  credit memoranda) collected hereunder during the second preceding calendar  month by the Department, plus an amount the Department determines is necessary  to offset any amounts that were erroneously paid to a  different taxing body, and not including an amount equal to the amount of  refunds made during the second preceding calendar month by the Department on  behalf of such municipality, and not including any amount that the Department  determines is necessary to offset any amount that were payable to a different  taxing body but were erroneously paid to the municipality.  Within 10 days  after receipt by the Comptroller of the disbursement certification from the  Department, the Comptroller shall cause the orders to be drawn for the  respective amounts in accordance with the directions contained in the  certification.  When certifying to the Comptroller the amount of a monthly  disbursement to a municipality under this Section, the Department shall  increase or decrease the amount by an amount necessary to offset any  misallocation of previous disbursements.  The offset amount shall be the  amount erroneously disbursed within the previous 6 months from the time a  misallocation is discovered.(j) For municipalities with populations of less than 500,000,  whenever the Department determines that a refund shall be made under  this Section to a claimant instead of issuing a credit memorandum, the  Department  shall notify the State Comptroller, who shall cause the  order to be drawn for the amount specified and to the person named in  the notification from the Department.  The refund shall be paid by the  State Treasurer out of the Municipal Telecommunications Fund.       (Source: P.A. 95-331, eff. 8-21-07.)