Illinois Administrative Code › Title 86 - REVENUE › Part 660 - TOBACCO PRODUCTS TAX ACT OF 1995 › Section 660.24 - Books and Records; Invoices - Retailers

Current through Register Vol. 48, No. 28, July 12, 2024
a)
			 Every
retailer, as defined in Section 10-5
of the Act
,
			 whether or not the retailer has obtained a retailer's license pursuant to
			 Section 4g, shall keep complete and accurate records of tobacco products held,
			 purchased, sold, or otherwise disposed of, and shall preserve and keep all
			 invoices, bills of lading, sales records, and copies of bills of sale, returns
			 and other pertinent papers and documents relating to the purchase, sale, or
			 disposition of tobacco products.
1)
The books and records need not be maintained on the licensed premises,
			 but must be maintained in the State of Illinois. However, all original invoices
			 or copies of those invoices covering purchases of tobacco products must be
			 retained on the licensed premises for a period of 90 days after purchase,
			 unless the Department has granted a waiver in response to a written request in
			 cases in which records are kept at a central business location within the State
			 of Illinois.
[
			 35 ILCS
			 143/10-35(b) ] Prior to removing the
			 books and records from the licensed premises, the retailer shall notify the
			 Department that the books and records will be kept at another location in
			 Illinois and shall identify the location. Under those circumstances, books and
			 records may be kept at that location in Illinois, but the taxpayer shall,
			 within a reasonable time after notification by the Department, make all
			 pertinent books, records, papers and documents available at some point within
			 Illinois for the purpose of inspection and audit as the Department may deem
			 necessary.
2)
Books and
			 records may be maintained out of state if access is available electronically.
			 However, all original invoices or copies of those invoices covering purchases
			 of tobacco products must be retained on the licensed premises for a period of
			 90 days after purchase, unless the Department has granted a waiver in response
			 to a written request in cases in which records that are available
			 electronically are maintained out of state.
[
			 35 ILCS
			 143/10-35(b) ]
3) The Department will grant a written waiver
			 under subsections (a)(1) and (2) when the following requirements are met by the
			 retailer:
A) The retailer submits a letter to
			 the Department containing:
i) the retailer's
			 license number and FEIN;
ii) the
			 address or addresses of the licensed premises where records are currently
			 maintained;
iii) the address of the
			 out-of-state location where the retailer intends to maintain the
			 records;
iv) an explanation of the
			 process and system that will enable the Department or its duly authorized
			 employees to electronically access the records from the licensed premises on
			 demand; and
v) an acknowledgement
			 by the retailer that the Department, upon 30 days written notice, may revoke
			 the waiver of the retailer for one or more licensed premises if the retailer:
* fails to provide electronic access in accordance with the
				requirements of the written waiver;
* transfers or sells the licensed premises to another person;
				or
* changes the process or system for providing access to the
				records electronically.
B) For books and records maintained out of
			 state, the Department is given access electronically to accurate records of
			 tobacco products held, purchased, sold or otherwise disposed of; invoices;
			 bills of lading; sales records; and copies of bills of sale, returns and other
			 pertinent papers and documents relating to the purchase, sale or disposition of
			 tobacco products kept at the licensed premises in the normal course of business
			 at the time of the request.
C) For
			 books and records maintained out of state, the Department has tested the
			 process and system from the licensed premises and verified that the Department
			 and its duly authorized employees have access electronically to the required
			 records from the licensed premises on demand.