Illinois Administrative Code › Title 86 - REVENUE › Part 150 - USE TAX › Subpart L - BOOKS AND RECORDS › Section 150.1305 - Retailers' Books and Records

Current through Register Vol. 48, No. 28, July 12, 2024
a)
Every retailer required or authorized to collect taxes
under
				the Act
and every person using in this State tangible personal property
				purchased at retail from a retailer shall keep such records, receipts, invoices
				and other pertinent books, documents, memoranda and papers as the Department
				shall require, in such form as the Department shall require. For purposes
				of
this Section
, "records" means all data maintained by the
				taxpayer, including data on paper, microfilm, microfiche or any type of
				machine-sensible data compilation.
b)
For the purpose of administering
				and enforcing the provisions hereof, the Department, or any officer or employee
				of the Department designated, in writing, by the Director thereof, may hold
				investigations and hearings concerning any matters covered herein and may
				examine any books, papers, records, documents or memoranda of any retailer or
				purchaser bearing upon the sales or purchases of tangible personal property,
				the privilege of using which is taxed
under the Act
, and may
				require the attendance of such person or any officer or employee of such
				person, or of any person having knowledge of the facts, and may take testimony
				and require proof for its information.
c)
Any person who fails to keep books
				and records or fails to produce books and records for examination, as required
				by
this Section
, is liable to pay to the Department, for
				deposit into the Tax Compliance and Administration Fund, a penalty of $1,000
				for the first failure to keep books and records or produce books and records
				for examination and a penalty of $3,000 for each subsequent failure to keep
				books and records or produce books and records for examination as required
				by
this Section
. The penalties imposed under
this
				Section
shall not apply if the taxpayer shows that
the
				taxpayer
acted with ordinary business care and prudence.
[35 ILCS
				105/11 ] (See also 86 Ill. Adm. Code
				130.801).
d) If a retailer is required or authorized to
				collect use tax, the retailer's records must show that the retailer collects
				such tax in accordance with the brackets prescribed in TABLE A of this Part and
				that the retailer states such tax separately to the purchaser from the selling
				price of the tangible personal property which the retailer is selling, unless
				the Department finds that it is not possible, under the facts of the case, for
				the retailer to collect the tax from the purchaser as a separate item from the
				selling price.
e) The retailer can
				prove compliance with the requirement of stating the use tax as a separate item
				from the selling price by showing the tax separately on invoices or sales
				tickets that are issued to the retailer's customers, by having the tax shown
				separately from prices on a copy of the cash register tape, or, in a proper
				case as explained hereinafter, by publicly posting an appropriate sign. The
				sign procedure described subsequently in this Regulation may not be relied upon
				to prove collection of the tax by the retailer from the retailer's customers as
				a separate item in types of transactions in which such retailer does issue
				invoices or sales tickets to customers. For this purpose, a credit card receipt
				is not construed to come within the terms of "invoices" or "sales tickets" as
				used in this Regulation.