Illinois Administrative Code › Title 86 - REVENUE › Part 480 - HOTEL OPERATORS' OCCUPATION TAX ACT › Section 480.115 - Books and Records

Current through Register Vol. 48, No. 28, July 12, 2024
a) General
			 Requirements
Every operator shall keep separate books or records of
				his or her business as an operator so as to show the rents and occupancies
				taxable under the
Hotel Operators' Occupation Tax Act
separately from his or her transactions
that are
not
				taxable
under that Act.
If any such operator fails to keep
				separate books or records, he or she shall be liable to tax at the rate
				designated in Section 3 of
the Hotel Operators' Occupation Tax Act
upon the entire proceeds from his hotel.
b) Preservation and Retention of Records
1) Books and records and other papers
			 reflecting gross receipts received during any period with respect to which the
			 Department is authorized to issue proposed assessments as provided by the Act
			 shall be preserved until the expiration of that period unless the Department,
			 in writing, shall authorize their destruction or disposal prior to that
			 expiration. (See 86 Ill. Adm. Code
			 130.825.)
2) In determining the period for which the
			 Department is authorized to issue a proposed assessment, the following material
			 (with necessary adaptations because of the time when the Hotel Operators'
			 Occupation Tax became effective) from Sections 4 and 5 of the Retailers'
			 Occupation Tax Act [ 35 ILCS 120 ] (which are incorporated by reference into
			 Section 7 of the Hotel Operators' Occupation Tax Act) must be
			 considered.
3) Except in case of
			 willful failure or refusal to file a return, or except in case of a fraudulent
			 return, or except with the consent of the person to whom the proposed
			 assessment is to be issued, no proposed assessment shall be issued on and after
			 each January 1 and July 1 covering gross receipts received during any month or
			 period of time more than 3 years prior to that January 1 and July 1,
			 respectively:
A) Provided, however, that:
i) the foregoing limitations upon the
			 issuance of a proposed assessment shall not apply to the issuance of a proposed
			 assessment with respect to any prior period of time in cases in which the
			 Department has, within the period of limitation then provided, notified the
			 person making the return of a proposed assessment even though that return had
			 not been corrected by the Department in the manner required by the Act prior to
			 the issuance of the notice; and
ii)
			 the foregoing limitations upon the issuance of a proposed assessment shall not
			 apply to the issuance of any such assessment with respect to any prior period
			 of time prior in cases in which the Department has, within the period of
			 limitation then provided, notified a person of the amount of tax computed even
			 though the Department had not determined the amount of tax due from that person
			 in the manner required by the Act prior to the issuance of the notice; but in
			 no case shall the amount of any such proposed assessment for any period
			 otherwise barred by the Act exceed for that period the amount shown in the
			 Notice of Proposed Assessment.
B) If, when a tax or penalty under the Act
			 becomes due and payable, the person alleged to be liable is out of the State,
			 the proposed assessment may be issued, within the times limited by the Act,
			 after that person enters or returns to the State; and if, after the tax or
			 penalty under the Act becomes due and payable, the person alleged to be liable
			 departs from and remains out of the State, the time of that person's absence is
			 no part of the time limited for the issuance of the proposed assessment; but
			 these provisions concerning absence from the State shall not apply to any case
			 in which, at the time a tax or penalty becomes due under the Act, the person
			 allegedly liable is not a resident of this State.