86 Ill. Adm. Code 130.2045
Retailers on Premises of the Illinois State Fair, County Fairs, Art Shows, Flea Markets and the Like
Section 130
Section 130.2045 Retailers
on Premises of the Illinois State Fair, County Fairs, Art Shows, Flea Markets
and the Like
a) When Liable For Tax
Every person (including nonprofit service organizations as
well as other persons) engaging in the sale of any tangible personal property
for use or consumption as a concessionaire at the Illinois State Fair, County
Fairs, art shows, flea markets and the like,
may be
required to
make a daily report of the amount of such sales to the Department and to make a
daily payment of the full amount of tax due. Upon receiving such payment, the
Department will issue to the concessionaire an official receipt
.
The
Department shall impose this requirement when it finds that there is a
significant risk of loss of revenue to the State at such an exhibition or
event. Such finding shall be based on evidence that a substantial number of
concessionaires or other sellers who are not residents of Illinois will be
engaging in the business of selling tangible personal property at retail at the
exhibition or event, or other evidence of a significant risk of loss of revenue
to the State.
(Section 3 of the Act)
b) Contract With Illinois State Fair Management
It is a condition of the contract between each concessionaire
who is subject to the Retailers' Occupation Tax Act and the Illinois State Fair
Management that the concessionaire shall pay Retailers' Occupation Tax
"upon demand" by the Department. Any concessionaire who violates
this provision of his contract or who fails to make the daily report and
payment of tax required by this Regulation, will be certified by the Department
to the Superintendent of Concessions of the Illinois State Fair as not being in
good standing, together with the request that action be taken immediately to
cancel all privileges granted to such concessionaire under his concession.
c) Notification by Department
Concessionaires will be contacted by the Department during
the course of County Fairs, art shows, flea markets and the like, and informed
that Retailers' Occupation Tax shall be paid "upon demand" to the
Department. In the absence of notification by the Department, concessionaires
shall file their returns as otherwise provided in Subpart E of this Part
entitled "Returns".