Illinois Administrative Code › Title 86 - REVENUE › Part 130 - RETAILERS' OCCUPATION TAX › Subpart E - RETURNS › Section 130.501 - Monthly Tax Returns - When Due - Contents

Current through Register Vol. 48, No. 28, July 12, 2024
a) Except as provided in Section
				130.502,
				130.510 and
				130.2045, on or before the
				twentieth day of each calendar month, every person engaged in the business of
				selling tangible personal property at retail in this State during the preceding
				calendar month shall file a return with the Department for the preceding month,
				stating the name of the seller, the seller's residence address and the address
				of the seller's principal place of business, and the address of the principal
				place of business (if that is a different address) from which the seller
				engaged in the business of selling tangible personal property at retail in this
				State.
On and after January 1, 2018, except for returns required to be
				filed prior to January 1, 2023, for motor vehicles, watercraft, aircraft, and
				trailers that are required to be registered with an agency of this State, with
				respect to retailers whose annual gross receipts average $20,000 or more, all
				returns required to be filed pursuant to the Act shall be filed electronically.
				On and after January 1, 2023, with respect to retailers whose annual gross
				receipts average $20,000 or more, all returns required to be filed pursuant
				to
the
Act, including, but not limited to, returns for motor
				vehicles, watercraft, aircraft, and trailers that are required to be registered
				with an agency of this State, shall be filed electronically. Retailers who
				demonstrate that they do not have access to the Internet or demonstrate
				hardship in filing electronically may petition the Department to waive the
				electronic filing requirement.
[35 ILCS
				120/3 ]
b)
				In addition, the return shall disclose the following:
1) Total Receipts for the Month from Sales of
				Tangible Personal Property and Services. Real estate builders and construction
				contractors, who are also retailers, and who assume the responsibility for
				accounting for the tax on building materials they purchase, must include, in
				total receipts, not only their receipts from "over-the-counter" resales of
				those materials, but also their cost prices of the materials that they convert
				into real estate (see Section
				130.2075). This may be
				accomplished in the case of a construction contractor by including the
				contractor's receipts from construction contracts in total receipts and by
				deducting those receipts from total receipts only to the extent to which those
				receipts exceed the cost price to the contractor of the tangible personal
				property that the contractor incorporates into real estate as a construction
				contractor.
2) Deductions Allowed
				by Law
The taxpayer should include in the taxpayer's total receipts,
				  but should deduct before computing the amount of the tax:
A) taxes collected from sales of the
				following:
i) general merchandise retail
				sales;
ii) general merchandise
				service sales;
iii) food, drugs and
				medical appliances retail sales;
iv) food, drugs and medical appliances
				service sales;
B)
				receipts from sales of tangible personal property for purposes of resale in any
				form as tangible personal property (see Subparts B and N);
C) receipts from sales that are within the
				protection of the Commerce Clause of the Constitution of the United States (see
				Section 130.605) ;
D) cash refunds for returned merchandise (see
				Section 130.401) ;
E) receipts from the sales of newspapers and
				magazines (see Section
				130.2105) ;
F) State motor fuel taxes
				collected;
G) the exempt receipts
				or exempt percentage of receipts from sales of gasohol, biodiesel, renewable
				diesel, and blended fuels as described in Section
				130.320;
H) receipts from sales of any kind to any
				corporation, society, association, foundation or institution organized and
				operated exclusively for charitable, religious or educational purposes or any
				not-for-profit corporation, society, association, foundation, institution or
				organization that has no compensated officers or employees and that is
				organized and operated primarily for the recreation of persons 55 years of age
				and older (see Section
				130.2005) ;
I) receipts from sales of any kind to a
				governmental body (see Section
				130.2080) ;
J) receipts from nontaxable sales of
				service;
K) any other deduction
				allowed by law, such as receipts from isolated or occasional sales (see Section
				130.110) ; federal taxes that
				are imposed at the level of the retail sale, but not federal excise taxes on
				manufacturers, etc. (see Section
				130.445) ; and
L) total of all deductions allowed by
				law.
3) Total receipts
				that are obtained by subtracting deductions from total receipts.
4) The Amount of Tax Due
A) An allowance is available to reimburse the
				taxpayer for the expenses incurred in keeping records, preparing and filing
				returns, remitting the tax and supplying data to the Department on request. The
				minimum discount, over the entire period of any given calendar year, for any
				single taxpayer (if the taxpayer incurs that much tax liability) shall be
				$5.00 for that calendar year.
				This allowance is available when the tax is remitted with a return that is
				filed when due under the Act, but is not available in any case in which the tax
				is paid late (with or without a return, and whether or not formally assessed by
				the Department); in the case of retailers who report and pay the tax on a
				transaction by transaction basis, the discount shall be taken with each tax
				remittance instead of when the retailer files its periodic return. Retailers
				required to file returns electronically pursuant to the Act who fail to file
				their returns electronically may not take the discount allowed to reimburse
				retailers for the expenses incurred in keeping records, preparing and filing
				returns, remitting the tax and supplying data to the Department on
				request.
B) Balance of Tax Due
i) The return should also show the amount of
				penalty (if any) that is due, the total of the tax and penalty due, and such
				other reasonable information as the Department may require.
ii)
If a total amount of less than $1
				is payable, refundable or creditable, the amount shall be disregarded if it is
				less than 50 cents and shall be increased to $1 if it is 50 cents or more. Any
				amount that is required to be shown or reported on any return or other document
				under the Act shall, if the amount is not a whole-dollar amount, be increased
				to the nearest whole-dollar amount in any case in which the fractional part of
				a dollar is 50 cents or more, and decreased to the nearest whole-dollar amount
				when the fractional part of a dollar is less than 50 cents
(Section 3
				of the Act).
iii)
The
				Department may require returns to be filed on a quarterly basis. If so
				required, a return for each calendar quarter shall be filed on or before the
				twentieth day of the calendar month following the end of such calendar quarter.
				The taxpayer shall also file a return with the Department for each of the first
				two months of each calendar quarter, on or before the twentieth day of the
				following calendar month, stating:
*
The name of the seller;
*
The address of the principal place of business from
				  which
the seller
engages in the business of selling tangible
				  personal property at retail in this State;
*
The total amount of taxable receipts received
				  by
the seller
during the preceding calendar month or quarter
				  from sales of tangible personal property by
the seller
during
				  the preceding calendar month or quarter, including receipts from charge and
				  time sales, but less all deductions allowed by law;
*
The amount of credit provided in Section 2d of the
				  Act;
*
The amount of tax due;
* The amount of penalty due, if any; and
*
Such other reasonable information as the Department
				  may require
. (Section 3 of the Act)