86 Ill. Adm. Code 420.110
Sales to Governmental Bodies
Section 420
Section 420.110 Sales to
Governmental Bodies
a) Sales
to Governmental Bodies for Beverage Purposes:
In general,
manufacturers and importing distributors are liable for gallonage taxes with
respect to alcoholic liquors sold by them to governmental bodies (foreign,
Federal, State or local), their departments, agencies and instrumentalities,
for beverage purposes, if such alcoholic liquor is delivered in Illinois
(including any Federal area located within the external boundaries of the State
of Illinois) to the purchaser. However, direct sales of beer, wine, alcohol or
spirits to the United States Navy, Army or Air Corps may be made by
manufacturers and importing distributors tax-free, provided that such sales are
made to officially recognized agencies physically located at military bases.
b) Sales
to Governmental Bodies for Non-Beverage Purposes:
1) Manufacturers or importing distributors selling alcoholic
liquor to the United States or to a Foreign Government, their departments, agencies
or instrumentalities, for non-beverage purposes, are liable for liquor
gallonage taxes in the absence of proper evidence covering such sales. However,
when making such sales, manufacturers and importing distributors are not liable
for liquor gallonage tax if they comply with the following requirements: To
claim exemption from the tax when selling alcoholic liquor to the United States
or to a Foreign Government, their departments, agencies or instrumentalities,
for non-beverage purposes, the manufacturer or importing distributor making
such sale should obtain a written statement, signed by an authorized officer or
employee of the purchaser and showing the name and address of the seller, the
name and address of the purchaser, the date of the purchase and the kind and
quantity of alcoholic liquor covered by the statement, and certifying that the
alcoholic liquor so purchased is purchased by the named Federal or Foreign
governmental body for non-beverage use (describing the alleged non-beverage use
with particularity). The manufacturer or importing distributor making the sale
should obtain such statement in duplicate, forward one of the statements to the
Department upon request and retain one among his books and records. The
manufacturer or importing distributor is further required to show the
transaction in his monthly return in Schedule "E" – Tax-Free
Alcoholic Liquor Sales for Non-beverage Purposes (see Section 420.80(b)(2)(F)).
2) Sales of alcoholic liquor to State and local governmental
bodies for non-beverage purposes are treated the same as sales to other
licensed non-beverage users (see Section 420.50 and Section 420.80(b)(2)(F)).