86 Ill. Adm. Code 1800.180.140
Monthly Tax Returns – When Due – Contents
Section 180
TITLE 86: REVENUE
CHAPTER I: DEPARTMENT OF REVENUE
PART 180 AUTOMOBILE RENTING OCCUPATION TAX
SECTION 180.140 MONTHLY TAX RETURNS – WHEN DUE – CONTENTS
Section 180.140 Monthly Tax
Returns – When Due – Contents
a) On or before the twentieth day of each calendar month, every
person engaged in the business of renting automobiles in this State during the
preceding calendar month shall file a return with the Department for such
preceding month, stating the name of the rentor; the rentor's residence address
and the address of the principal place of business (if that is a different
address) from which the rentor engages in the business of renting automobiles
in this State. Under the same circumstances set out in 86 Ill. Adm. Code
130.510, the Department may authorize the filing of returns on an annual
basis. However, all taxpayers are required to file monthly returns unless
specifically authorized to file on an annual basis.
b) The return shall:
1) disclose total receipts for the month from the renting of
automobiles; and
2) itemize deductions authorized by law:
A) receipts from rentals to governmental bodies (federal, State,
local or foreign) or to any organization which is exclusively charitable,
religious or educational, or to any not-for-profit organization which has no
compensated officers or employees and which is organized and operated primarily
for the recreation of persons 55 years or older;
B) receipts from rentals of automobiles under lease terms of more
than one year;
C) receipts from rental transactions which are within the
protection of the Commerce Clause of the Constitution of the United States;
D) receipts from rentals of automobiles under lease terms of one
year or less to rentees who will re-rent those automobiles to others under
lease terms of one year or less;
E) receipts from rentees in consideration of waivers of claims for
loss or damage to automobiles rented;
F) receipts from separately stated charges for insurance;
G) receipts from separately stated charges for recovery of
refueling costs; and
H) any other deductions authorized by law; however, no deduction
may be taken on account of the cost of the property rented, the cost of
materials used, labor or service or any other expense whatsoever.
3) disclose total deductions authorized by law;
4) disclose total receipts from taxable transactions, including
amounts collected from rentees in the form of Automobile Renting Use Tax or
passed on because of the Automobile Renting Occupation Tax or passed on because
of local Automobile Renting Occupation Taxes (i.e., Municipal, County, Regional
Transportation Authority or Metro East Mass Transit District Automobile Renting
Occupation Taxes);
5) deduct the amount collected from rentees in the form of
Automobile Renting Use Tax or passed on because of the Automobile Renting
Occupation Tax or passed on because of local Automobile Renting Occupation
Taxes;
6) disclose the rental receipts subject to tax;
7) disclose the amount of State tax due;
8) disclose the balance of tax due; and
9) disclose the amount of penalty (if any) that is due and the
total of the tax and penalty due.
c) As to the Automobile Renting Occupation Tax, the taxpayer may
deduct 1.75%
, not to exceed $1,000 per month
beginning on January 1, 2025,
thereof as an allowance to reimburse the
taxpayer for 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 such calendar year. This allowance is available when the tax
remitted is 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 formally assessed by the Department or not).