86 Ill. Adm. Code 190.120
Automobile Renting Use Tax Must be Separately Stated
Section 190
Section 190.120
Automobile Renting Use Tax Must be Separately Stated
a) In collecting the Automobile Renting Use Tax
from a rentee, the rentor must state the tax
as a distinct item separate and
apart from the rental price of the automobile
. If the tax is not stated as
a separate item, it will be presumed that the tax was not collected from the
rentee, and the rentor will be entitled to no deduction from total rental
receipts for collection of the tax from the rentee. The best evidence that the
tax was stated as a separate item is a receipt given to the rentee which shows
the tax
as a distinct item separate and apart from the rental price of the
automobile
. [35 ILCS 155/4]
b) If a rentor does not keep a detailed record for
the return period of the Automobile Renting Use Tax (ARUT) which the rentor
collects so as clearly to segregate these added charges from other receipts,
absent information to the contrary, it will be assumed that the ARUT collected
equals 5% of the taxable receipts received in such return period from taxable
automobile rentals.
c) The rentor may eliminate the amount of ARUT the
rentor collects from total rental receipts to arrive at the rentor's taxable
rental receipts by:
1) subtracting the amount collected from the rentee
as ARUT, as shown by such rentor's books and records, from total rental
receipts; or
2) by subtracting, from the total rental receipts
which the rentor receives from taxable automobile rentals, the figure obtained
by dividing such rental receipts by 105 and multiplying the result by 5.