86 Ill. Adm. Code 190.110
Collection of the Tax from Rentees by Automobile Rentors Maintaining a Place of Business in This State
Section 190
Section 190.110 Collection
of the Tax from Rentees by Automobile Rentors Maintaining a Place of Business
in This State
a) The Automobile Renting Use Tax must be collected from rentees
by all rentors maintaining a place of business in this State. "Rentor
maintaining a place of business in this State" shall mean and include any
automobile rentor having or maintaining in this State, directly or by a
subsidiary, an office, distribution point, warehouse or other facility or place
of business, or any agent or other representative operating in this State under
the authority of the rentor or its subsidiary, irrespective of whether such
place of business or agent or other representative is located here permanently
or temporarily, or whether such rentor or subsidiary is licensed to do business
in this State. The term "rentor maintaining a place of business in this
State" has the same scope and effect as does the term "retailer
maintaining a place of business in this State" by virtue of the
incorporation of Section 2 of the Use Tax Act
[35
ILCS 105/2]
into Section 4 of the Act.
b) It does not matter that an agent may engage in business on the
agent's own account in other transactions, or that the agent may act as agent
for other persons in other transactions, or that the agent is not an employee
but is an independent contractor acting as agent. The term "agent"
is broader than the term "employee". "Agent" includes
anyone acting under the principal's authority in an agency capacity.