86 Ill. Adm. Code 150.901
When and Where to File
Section 150
Section 150.901 When and
Where to File
a) Every retailer required or authorized to collect
use tax
must file a return each month by the
twentieth day of the month covering the preceding calendar month, except when
the retailer is authorized to file tax returns on a quarterly or annual basis
as hereinafter provided. The Department has combined the retailers'
use tax
return form with the
retailers' occupation tax
return form.
b)
On and after January 1, 2018
, (except for returns required to be filed prior to
January 1, 2023
for motor vehicles, watercraft, aircraft, and trailers that
are required to be registered with an agency of this State), with respect to
retailers whose annual gross receipts average $20,000 or more, all returns
required to be filed pursuant to
the
Act
shall be filed
electronically. On and after January 1, 2023, with respect to retailers whose
annual gross receipts average $20,000 or more, all returns required to be filed
pursuant to
the
Act, including, but not limited to, returns for motor
vehicles, watercraft, aircraft, and trailers that are required to be registered
with an agency of this State, shall be filed electronically. Retailers who
demonstrate that they do not have access to the Internet or demonstrate
hardship in filing electronically may petition the Department to waive the
electronic filing requirement.
c)
Where such tangible personal
property is sold under a conditional sales contract, or under any other form of
sale wherein the payment of the principal sum, or a part thereof, is extended
beyond the close of the period for which the return is filed, the retailer, in
collecting the tax (except as to motor vehicles, watercraft, aircraft, and
trailers that are required to be registered with an agency of this State), may
collect for each tax return period, only the tax applicable to that part of the
selling price actually received during such tax return period.
[35 ILCS 105/9]
d) In its regular monthly, quarterly, or annual return, each
retailer shall also include the total amount of
use
tax
due upon the purchase price of tangible personal property (other
than a motor vehicle, watercraft, or aircraft on which the tax is to be paid
separately from the regular monthly, quarterly, or annual return) purchased by it
at retail from a retailer, but as to which such tax was not collected by the
vendor from the retailer filing such return, and such retailer shall remit the
amount of such tax to the Department when filing such return.
e) If the retailer files its
retailers'
occupation tax
returns on the gross sales basis, rather than on the
gross receipts basis,
the retailer
will be
required to report the
use tax
information
that
is included
in
the
retailer’s
returns on the basis of gross sales (or on the basis of gross
purchases in the case of reporting purchases for the retailer's use).
f)
If the retailer's average monthly
tax liability to the Department does not exceed $200, the Department may
authorize
the retailer's
returns to be
filed on a quarter annual basis, with the return for January, February, and
March of a given year being due by April 20 of such year; with the return for
April, May and June of a given year being due by July 20 of such year; with the
return for July, August and September of a given year being due by October 20
of such year, and with the return for October, November and December of a given
year being due by January 20 of the following year.
g)
If the retailer's average monthly
tax liability to the Department does not exceed $50, the Department may
authorize
the retailer's
returns to be
filed on an annual basis, with the return for a given year being due by January
20 of the following year.
h)
Such quarter annual and annual
returns, as to form and substance, shall be subject to the same requirements as
monthly returns.
i)
Notwithstanding any other
provision in
the Act
concerning the
time within which a retailer may file
its
return, in the case of any
retailer who ceases to engage in a kind of business which makes
the
retailer
responsible for filing returns under
the Act,
such retailer
shall file a final return under
the Act
with the Department not more
than one month after discontinuing such business.
[35 ILCS 105/9]