86 Ill. Adm. Code 130.2040
Retailers of Clothing
Section 130
Section 130.2040 Retailers
of Clothing
a) When Liable For Tax
Persons who engage in the business of selling clothing to
purchasers for use or consumption and not for resale incur Retailers'
Occupation Tax liability when making such sales whether such clothing is sold
as a stock or standard item or whether it is produced on special order for the
purchaser. Suits, hats and other forms of clothing, when made on special
order, serve substantially the same function as stock or standard clothing
items that are sold at retail.
b) Production Labor Cost Not Deductible
In computing Retailers' Occupation Tax liability on the
retail sale of custom-made clothing, no deduction may be taken for the cost of
labor involved in producing the finished item for sale. This is true whether
such production labor is included in a lump sum price with the tangible
personal property or whether such production labor is priced separately from
the tangible personal property. The thing that is being sold is the finished
item of clothing, and the cost of labor involved in making such item is no more
deductible than is the cost of labor that is involved in producing a stock or
standard item for sale.