86 Ill. Adm. Code 195.145
Valet Services
Section 195.145Â
Valet Services
a)
Persons
engaged in the business of providing valet services are subject to the tax
imposed by the Act on the purchase price received in connection with their
valet parking operations
(Sections 10-40(a) of the Act). It shall be
presumed that the consideration paid by a person to an operator of valet
parking includes payment for the privilege of using a parking space.
b)Â Â Â Â Â Â Â Â A valet
service that parks cars on public rights of way without charge is not subject
to tax and is not required to collect the tax imposed by this Act. A valet
parking operator claiming no tax liability, or claiming a reduced liability, under
this subsection shall have the burden of proving to the Department that the
parking occurred on the public way for free and not in a parking lot or parking
garage.
c)
Tips
received by persons parking cars for operators providing valet services are not
subject to the tax imposed by the Act if the tips are retained by the person receiving
the tip. If the tips are turned over to the valet business, the tips shall be
included in the purchase price.
(Section 10-40(c) of the Act)
EXAMPLE: A restaurant provides parking
without charge. For the benefit of customers, the owner of the restaurant has
employees park the cars for the customers. Customers often tip the employees
for parking and returning their cars. The employees get to keep the tips. The
tips are not taxable under this Act.
d)
Persons
engaged in the business of providing valet services are entitled to take the
credit in Section 195.110(c)
(Section 10-40(b) of the Act).