86 Ill. Adm. Code 420.80
Monthly Return
Section 420
Section 420.80 Monthly
Return
a) Requirement
for Filing
1) Each manufacturer and importing distributor of alcoholic
liquor must file a return on the form approved and provided by the Department
between the 1
st
and 15
th
day of each calendar month,
covering transactions in alcoholic liquors during the preceding calendar
month. Payment of the tax in the amount disclosed by the return shall
accompany the return.
A) Voluntary Electronic Filing and Payment of Taxes. Beginning
January 1, 2003, taxpayers may elect to file returns electronically under 86
Ill. Adm. Code 760. A taxpayer that elects to electronically file a return and
accompanying schedules must also make payment through Electronic Funds Transfer
as provided in 86 Ill. Adm. Code 750. Taxpayers who both timely pay tax by
Electronic Funds Transfer and timely file returns and schedules electronically
shall be entitled to a discount of 2% or $2,000 per return, whichever is less.
B) Mandatory
Electronic Payment of Taxes.
A taxpayer who has an annual tax liability of
$20,000 or more shall make all payments of that tax to the Department by
electronic funds transfer
. [20 ILCS 2505/2505-210]
2) After a first return has been filed by any manufacturer or
importing distributor, a return form will be mailed by the Department on or
about the first day of each succeeding month to that manufacturer or importing
distributor. However, it is the duty of each manufacturer and importing
distributor to obtain forms, and failure to receive forms from the Department
will not be an excuse for failing to file returns when and as required by the
Act.
3) Each manufacturer or importing distributor is required to file
a return for each month that his or her license is in full force and effect,
irrespective of the fact that he or she may not have any tax liability to pay
for that month.
4) In any case in which business is permanently discontinued, or when
a stock of alcoholic liquors has been sold in bulk and the taxpayer has gone out
of business, the taxpayer should immediately notify the Department of this
fact, and upon a proper showing by the taxpayer that his or her license has
been canceled by the Illinois Liquor Control Commission, he or she will be
permitted to discontinue filing monthly returns.
5) In completing the Liquor Revenue Return form, the amount of
liquor manufactured, rectified, blended or bottled during the month must be
included on the return by manufacturers of alcohol and spirits and by first and
second class winemakers. In the case of manufacturers of alcohol and spirits,
this item shall include bottled alcoholic liquor produced by the manufacturer
in Illinois and bulk alcoholic liquor for which a deduction is being claimed on
any schedule accompanying the return. In the case of first and second class winemaking,
this item shall include all wine (whether immediately bottled or not) produced
by the winemaker in Illinois. Wineries that are licensed as manufacturers, but
not as first or second class winemakers, do not report anything as manufactured,
rectified, blended or bottled.
b) Schedules Accompanying Return of Manufacturer or Importing Distributor
of Alcoholic Liquor
1) As part of the monthly return of a manufacturer or importing
distributor of alcoholic liquor, and to be completed and filed supplementary to
the return in specified instances, the Department requires the completion and
filing of the schedules described in subsection (b)(2). The totals of the
several columns on each of the schedules must be carried to the corresponding
columns and entered on proper lines according to the schedule designation on
the monthly tax return.
2) In every instance in which a manufacturer or importing
distributor is required, by any particular schedule, to make a report of
alcoholic liquors manufactured, imported, stored on hand or held in warehouses,
purchased or otherwise acquired, sold or otherwise transferred, used, bottled,
blended, fortified or rectified by that person, the person shall, to comply
with the provisions of the Act, also include in the appropriate schedule the
alcoholic liquors manufactured, imported, stored on hand or held in warehouses,
purchased or otherwise acquired, sold or otherwise transferred, used, bottled,
blended, fortified or rectified by that person as agent for others.
A) Schedule "A" – Alcoholic Liquor Transactions. This
schedule must be completed and filed monthly by each importing distributor who
imports alcoholic liquors into this State. This schedule consists of a
detailed itemization of the importations, and the importing distributor must
include in it all importations of alcoholic liquors, regardless of whether the
merchandise is imported in bond or out of bond. The mere fact that a warehouse
acting as agent for the importing distributor receives the merchandise and
issues a warehouse receipt does not relieve the importing distributor from
reporting the transaction. All alcoholic liquors imported and stored in public
or bonded warehouses, for the account of an importing distributor, must be
reported by the importing distributor in this schedule at the time the
alcoholic liquors are imported and receipt of the alcoholic liquors for the
account of the importing distributor is acknowledged by the warehouse. This
information may not be withheld until withdrawals of the alcoholic liquors from
the warehouse are made. Items of this nature should be reported as
importations into Illinois.
B) Schedule "F" – Alcoholic Liquor Transactions. In
this schedule, manufacturers of alcohol and spirits report only bottled
alcoholic liquors purchased tax-free, including transfers in bond covered by
the issuance, transfer or negotiation of warehouse receipts. All other
manufacturers and importing distributors, however, must report tax-free
purchases of both bottled and bulk alcoholic liquors in this schedule, including
transfers in bond covered by the issuance, transfer or negotiation of warehouse
receipts. Bottled alcoholic liquors purchased tax-free and stored in public or
bonded warehouses for the account of a manufacturer of alcohol and spirits and
all alcoholic liquors purchased tax-free and stored in public or bonded
warehouses for the account of other manufacturers (such as wineries) and
importing distributors, must be reported in this schedule at the time of
purchase, and the report may not be withheld until the alcoholic liquors are
withdrawn from the warehouse.
C) Schedule "G" – Tax-Paid Inventory. This schedule
must be completed by manufacturers and importing distributors who purchase
tax-paid alcoholic liquors.
D) Schedule "C" – Tax-Free Alcoholic Liquor Sales in
Interstate Commerce and Foreign Trade. This schedule must be filed by
manufacturers or importing distributors who claim deductions on the monthly
return of gallonage of alcoholic liquors sold by them and shipped tax-free in
interstate or foreign commerce, or delivered tax-free to ships for use outside
the continental limits of the United States in foreign commerce as provided in
Section 420.140. Manufacturers and importing distributors must include in the
schedule bulk (as well as all other) alcoholic liquors shipped tax-free in
interstate or foreign commerce, or delivered tax-free to ships for use outside
the continental limits of the United States in foreign commerce as provided in
Section 420.140.
i) Each manufacturer who includes tax exempt sales of bulk
alcoholic liquor in this schedule must verify that the quantity so sold has
been included in the Liquor Revenue Return inventory.
ii) A separate Schedule "C" – Tax-Free Alcoholic Liquor
Sales in Interstate Commerce and Foreign Trade must be filed covering shipments
into each state.
E) Schedule "B" – Tax-Free Sales of Alcoholic Liquors to
Other Illinois-Licensed Manufacturers and Importing Distributors. This
schedule must be filed by Illinois manufacturers or importing distributors, if
the product is manufactured outside of Illinois, who sell alcoholic liquors
tax-free to other licensed manufacturers or importing distributors in Illinois.
Each manufacturer, who includes in this schedule tax-free sales of bulk
alcoholic liquors, must verify that the quantity so sold has been included in the
Liquor Revenue Return inventory. Manufacturers and importing distributors must
include in this schedule tax-free sales and transfers of alcoholic liquors in
bond, including alcoholic liquors covered by original, transferred or
negotiated warehouse receipts.
F) Schedule "E" –Tax-Free Alcoholic Liquor Sales for
Non-Beverage Purposes. This schedule must be filed by manufacturers and
importing distributors who claim deductions on the monthly return for tax-free
sales of alcoholic liquors made to holders of non‑beverage user's
licenses. Original permits or coupons permitting the tax-free purchase of
alcoholic liquors for non‑beverage purposes must accompany this
schedule. This schedule must also be filed by manufacturers and importing
distributors who claim deductions on the monthly return for tax‑free
sales of alcoholic liquors to the United States or to a foreign government,
their departments, agencies or instrumentalities, for non-beverage purposes.
Each manufacturer, who includes in this schedule sales of bulk alcoholic
liquors, must verify that the quantity so sold has been included in the Liquor
Revenue Return inventory. Sales of wine for sacramental purposes must be
reported as sales for non-beverage purposes. The seller should keep in its
books and records certifications covering each delivery, and statements signed
by the minister, priest or rabbi, showing the quantity of wine in each delivery
together with a statement that the wine will be used only for sacramental
purposes (see Section 420.70 of this Part).
G) Schedule "J" – Report of Alcoholic Liquors Lost,
Destroyed, or Damaged During Production and Bottling. Losses incurred during
production and bottling alcoholic liquors carried in inventory on the Liquor
Revenue Return at the time when the bottling loss occurs must be listed on this
schedule. Bottling losses will not be allowed as tax exempt unless accurate
records are maintained and the deduction on the return is supported by this
schedule.
H) Schedule for "Other Illinois Liquor Tax Deductions".
This schedule should be used when manufacturers or importing distributors claim
deductions on the monthly return for a gallonage of alcoholic liquors that may
not be properly addressed by any of the other schedules supplied by the
Department. Deductions claimed should be explained in detail and filed with
the monthly return. Claimed exemptions from the tax will not be allowed at the
time of audit unless supported by competent documentary evidence. For example,
if alcoholic liquors are dumped for the purpose of destroying the alcoholic liquors,
claimed exemption from the tax will not be allowed unless supported by an
affidavit of a Department or Liquor Control Commission representative who either
witnessed the destruction of the alcoholic liquors or provided approval prior
to destruction of the alcoholic liquors. The licensee should retain a copy of the
affidavit. Each manufacturer, who includes in this schedule sales of bulk
alcoholic liquors, must verify that the quantity so sold has been included in
his Liquor Revenue Return inventory.
I) Schedule "D" – Tax-Free Bulk Purchases Used in
Rectification, Bottling and Blending. This schedule must be filed by
manufacturers of alcohol and spirits, and will consist of a detailed
itemization of all purchases of alcoholic liquors in bulk only, to be used in
rectification, bottling or blending, or for sale in original containers, with
respect to which the Illinois Alcoholic Liquor Tax has not been paid. All
purchases of bulk alcoholic liquors must be included in this schedule
irrespective of the fact that the alcoholic liquors are purchased in bond or
imported in bond. The fact that a warehouse, acting as agent for the
manufacturer, may receive the alcoholic liquors and issue a warehouse receipt
does not relieve the manufacturer from reporting the transaction. All bulk
alcoholic liquors purchased tax-free in Illinois or imported into Illinois by a
manufacturer of alcohol and spirits and stored in a public or bonded warehouse
for its account must be reported in this schedule at the time the alcoholic
liquors are purchased by the manufacturer and received by the warehouse, and
this information may not be withheld until the alcoholic liquors are withdrawn
from the warehouse. This is an information schedule only and is not to be
entered on the monthly return.
J) Returned Merchandise. Alcoholic liquors returned by Illinois
licensees to vendors from whom the alcoholic liquors were purchased, and who
are located outside of the State of Illinois, must be reported the same as a
sale in interstate commerce on Schedule "C"– Tax-Free Sales in
Interstate Commerce and Foreign Trade.
i) Alcoholic liquors returned to Illinois licensees by their
customers located outside of the State of Illinois must be reported the same as
an importation on Schedule "A" – Alcoholic Liquor Transactions.
ii) When untaxed alcoholic liquors are returned to a manufacturer
or an importing distributor, both parties being Illinois licensees, the person
returning the liquors will report the transaction on Schedule "B"–
Tax-Free Alcoholic Liquor Sales to Licensed Manufacturers and Importing
Distributors, and the one receiving the returned liquors will report on
Schedule "F"– Alcoholic Liquor Transactions.
iii) Tax-paid alcoholic liquors returned to an Illinois
manufacturer or importing distributor by someone in Illinois need not be
scheduled by the person returning the liquors, but the person receiving the
returned liquors must report the transaction on Schedule "G"–
Tax-Paid Inventory, the same as a purchase of tax-paid alcoholic liquor.
c) Statement By Out-of-State Sellers Other Than Illinois Licensed
Foreign Importers
Out-of-State
sellers, who are not licensed in Illinois as foreign importers, and who sell, to
Illinois licensed importing distributors, beer, wine, or alcohol and spirits that
are located at some place in the United States outside Illinois, and that are
shipped or otherwise delivered into Illinois, are required to file with the
Department, within 15 days after the end of each month, on forms prescribed and
furnished by the Department, a statement setting forth the names and addresses
of the persons in Illinois to whom beer, wine or alcohol and spirits were so
sold and shipped or otherwise delivered during the preceding month and the
respective quantities so sold and shipped or otherwise delivered.
d) Information
Returns From Illinois Licensed Foreign Importers
1) The Department has determined it to be necessary, for the
proper performance of its functions and duties under the Act, to require
licensed foreign importers who are not also licensed in Illinois as importing
distributors of alcoholic liquor to file a monthly information return with the
Department. The return must be filed by the 15
th
day of the month
following the month for which the return is filed. The return shall contain
such information as the Department may reasonably require.
2) It is not necessary for the special foreign importer
information return to be filed by any foreign importer who is also licensed in
Illinois as an importing distributor of alcoholic liquor.