44 Ill. Adm. Code 500.1545
Taxes, Licenses, Assessments and Royalties
Section 500.1545 Taxes, Licenses, Assessments and
Royalties
a) The
contractor shall pay all current and applicable city, county, State and federal
taxes, licenses or assessments, including federal excise taxes, due on the
performance of any contract, including, without limiting the foregoing, those
required by the Federal Insurance Contribution Act (26 USC 3101 et seq.), the
Federal Unemployment Tax Act (26 USC 3301 et seq.) and the State Unemployment
Insurance Act [820 ILCS 405], together with all royalties due for any
proprietary items. The contractor is exclusively liable for the payment of
taxes to the respective governments. In the event the taxes, licenses,
assessments or royalties, or any part thereof, are in the first instance charged
to the OAG, the contractor shall, upon timely demand of the OAG, pay the OAG
the amount of the tax, license, assessment or royalty due, plus all penalties
that may have accrued.
b) The
OAG is exempted by Section 3-5 of the Use Tax Act [35 ILCS 105/3-5] from paying
any of the taxes imposed by that Act, and sales to the OAG are exempt by
Section 2-5(11) of the Retailers' Occupation Tax Act [35 ILCS 120/2-5(11)] from
any of the taxes imposed by that Act. The OAG will provide its exemption
numbers to vendors in order to receive an exemption from tax when making
purchases of tangible personal property. Contractors making purchases from
vendors of tangible personal property that will be incorporated into real
estate owned by the OAG must present vendors with the OAG's exemption number
and other required documentation in order to receive an exemption from tax.
c) Offerors
must not include in their prices any allowance for payment under Federal Excise
Tax if the OAG is exempt from those taxes. If an order or contract is awarded
for the purchase of an item that is subject to Federal Excise Tax, the OAG will
furnish the vendor with an exemption certificate upon request.