86 Ill. Adm. Code 130.810
Records Required to Support Deductions
Section 130
Section 130.810 Records
Required to Support Deductions
a) Where the nature of a business is such that charge and time
sales are made, or where the nature of the business is such that a portion of
its sales: are for resale; are within the protection of the Commerce Clause of
the Constitution of the United States; consist of services; are made to any
corporation, society, association, foundation, or institution organized and
operated exclusively for charitable, religious, or educational purposes; are
made to a governmental body; or are exempt from the
retailers'
occupation tax
on some other ground, then such records as will clearly
indicate the information required in filing returns must be kept.
b) To support deductions made on the tax return form, as
authorized under the
Retailers' Occupation Tax
Act
("Act")
, on account of
receipts: from isolated or occasional sales of tangible personal property
;
from sales of tangible personal property for
resale
;
from sales of tangible personal
property made within the protection of the Commerce Clause of the Constitution
of the United States
;
from sales made to any
corporation, society, association, foundation, or institution organized and
operated exclusively for charitable, religious, or educational purposes
;
from sales made to any governmental body; or on
any other ground, entries in any books, records, or other pertinent papers or
documents of the taxpayer in relation thereto shall be in detail sufficient to
show:
1) the name and address of the taxpayer's customer in each such
transaction;
2) the character of every such transaction (e.g., whether it is a
sale for resale, a sale made within the protection of the Commerce Clause of
the Constitution of the United States, an isolated or occasional sale, etc.);
3) the date of every such transaction;
4) the amount of receipts realized from every such transaction;
and
5) such other information as may be necessary to establish the
nontaxable character of such transaction under the Act.
c) Except in the case of a sale to a purchaser who will always
resell and deliver the property to its customers outside Illinois,
any seller
claiming
to
have
made a nontaxable sale for resale in some form as tangible personal
property shall also keep a Certificate of Resale from the purchaser that
contains the information required under Section 130.1405 of this Part. The
failure to obtain and keep a Certificate of Resale shall create a presumption
that the sale was not a sale for resale. The seller may, however, present
other documentary evidence to overcome this presumption (See Section
86 Ill. Adm. Code
130.1405(d)).