86 Ill. Adm. Code 130.1305
When Lessor of Premises Should File Return for Business Operated on Leased Premises
Section 130
Section 130.1305 When Lessor
of Premises Should File Return for Business Operated on Leased Premises
If a lessee operates a business
on the lessor's premises under the identity of the lessor, then the lessor
must report and remit the lessee's tax on the lessor's Retailers' Occupation
Tax return. However, if the lessor permits the lessee to file his own Retailers'
Occupation Tax return, the Department of Revenue reserves the right to proceed
against the lessor or the lessee or both in the event that the Retailers'
Occupation Tax liability incurred by the business operated on the lessor's
premises is not properly discharged. An example of such an arrangement is an
antique store where spaces are rented to different antique dealers, but the
entire store is operated under the identity of the antique store/lessor.