86 Ill. Adm. Code 130.2120
Suppliers of Persons Engaged in Service Occupations and Professions
Section 130
Section 130.2120 Suppliers
of Persons Engaged in Service Occupations and Professions
a) When Liable For Retailers' Occupation Tax
Suppliers of persons engaged in service occupations and
professions incur Retailers' Occupation Tax liability when, apart from engaging
in a service occupation or profession themselves, they sell tangible personal
property, such as tools, office equipment, fixtures, supplies, soap and other
tangible personal property to such persons, who retain and use or consume such
tangible personal property, or who give such property away apart from their
sale of other tangible personal property or service.
b) When Not Liable For Retailers' Occupation Tax
1) Persons who sell tangible personal property to purchasers who
resell the property to others, either as an incident to engaging in a service
occupation or profession, or apart from engaging in any such activity, are
selling tangible personal property to purchasers for purposes of resale and do
not incur Retailers' Occupation Tax liability when making such sales.
2) However, suppliers are required to collect the Service
Occupation Tax from servicemen when selling them tangible personal property
which they will retransfer as an incident to rendering services for users (see
Subpart A of the Service Occupation Tax Regulations).