86 Ill. Adm. Code 4400.440.100
Returns and Reports Required: When Filed
Section 440
TITLE 86: REVENUE
CHAPTER I: DEPARTMENT OF REVENUE
PART 440 CIGARETTE TAX ACT
SECTION 440.100 RETURNS AND REPORTS REQUIRED: WHEN FILED
Section 440.100 Returns
and Reports
Required: When Filed
a) Filing by Non-manufacturers
1)
Every distributor who is required to procure a license
under
the
Act, but who is not a
manufacturer of cigarettes in original packages which are contained in a sealed
transparent wrapper, shall, on or before the 15
th
day of each
calendar month, file a return with the Department, showing
:
A)
the quantity of cigarettes manufactured during
the preceding calendar month;
B)
the quantity of cigarettes brought into this
State or caused to be brought into this State from outside this State during
the preceding calendar month without authorized evidence on the original
packages of cigarettes underneath the sealed transparent wrapper that the tax
liability imposed by
the
Act has been assumed by the out-of-State seller
of such cigarettes;
C)
the quantity of cigarettes purchased tax-paid
during the preceding calendar month either within or outside this State;
D)
the quantity of cigarettes sold by manufacturer
representatives on behalf of the distributor;
E)
the quantity of cigarettes sold to
manufacturer representatives; and
F)
the quantity of cigarettes sold or otherwise
disposed of during the preceding calendar month.
2) The
return shall be filed on forms furnished
and prescribed by the Department and shall contain such other information the
Department may reasonably require. Information that the Department may
reasonably require includes information related to the uniform regulation and
taxation of cigarettes. All returns and supporting schedules required to be
filed and all payments required to be made under
Section 9 of the Act
shall be by electronic means in the form prescribed by the Department.
[35
ILCS 130/9]
3)
Every secondary distributor who is required
to procure a license under
the
Act shall, on or before the 15
th
day of each calendar month, file a report with the Department, showing the
quantity of cigarettes purchased during the preceding calendar month either
within or outside this State, and the quantity of cigarettes sold to retailers
or otherwise disposed of during the preceding calendar month. Such reports
shall be filed electronically in such form prescribed by the Department and
shall contain such other information as the Department may reasonably require.
Information that the Department may reasonably require includes information
related to the uniform regulation and taxation of cigarettes.
[35 ILCS
130/9e]
4) Computer generated returns and schedules or
returns and schedules filed on forms that have not been approved by the
Department are considered unprocessable and may subject the filer to penalties
and interest for failure to file a proper return.
b) Filing by Manufacturers
1)
Illinois manufacturers of cigarettes in
original packages which are contained inside a sealed transparent wrapper shall
file a return by the 5
th
day of each month covering the preceding
calendar month. Each return shall show
:
A)
the quantity of cigarettes manufactured during
the period covered by the return;
B)
the quantity of cigarettes sold or otherwise
disposed of during the period covered by the return; and
C)
such other information the Department may
lawfully require. Information that the Department may lawfully require
includes information related to the uniform regulation and taxation of
cigarettes.
All returns and supporting schedules required to be filed
and all payments required to be made under
Section 9 of the Act
shall be
by electronic means in the form prescribed by the Department.
[35 ILCS
130/9]
2) Each out-of-State manufacturer, who is granted a
permit by the Department under Section 4b(a) of the Act, shall file a return
and
shall disclose such information as the Department may lawfully require.
Information the Department may lawfully require includes information related to
the uniform regulation and taxation of cigarettes. All returns and supporting
schedules required to be filed and all payments required to be made under
Section
4b(a) of the Act
shall be by electronic means in the form prescribed by the
Department.
[35 ILCS 130/4b(a)] The return shall be filed by the 5
th
day of the month and shall cover the preceding calendar month.
3) Each out-of-State manufacturer, who is granted a
permit by the Department under Section 4b(b) of the Act, shall file a report
covering cigarettes shipped or otherwise delivered in Illinois to licensed
distributors or distributed to the public for promotional purposes
on a form
to be prescribed and furnished by the Department and shall disclose such other
information as the Department may lawfully require. Information the Department
may lawfully require includes information related to the uniform regulation and
taxation of cigarettes. All reports and supporting schedules required to be
filed under
Section 4b(b) of the Act
shall be filed electronically in
the form prescribed by the Department.
[35 ILCS 130/4b(b)] The return
shall be filed by the 5
th
day of the month and shall cover the
preceding calendar month.
4)
Every manufacturer with authority to maintain
manufacturer representatives as defined by Section 4f of
the
Act shall,
on or before the 15th day of each calendar month, file a report with the
Department, showing the quantity of cigarettes purchased from licensed
distributors during the preceding calendar month, either within or outside this
State, and the quantity of cigarettes sold to retailers or otherwise disposed
of during the preceding calendar month. Such reports shall be filed in the form
prescribed by the Department and shall contain such other information as the
Department may reasonably require. Information that the Department may
reasonably require includes information related to the uniform regulation and
taxation of cigarettes. The report and supporting schedules shall be filed
electronically in the form prescribed by the Department.
[35 ILCS 130/9f]
5) Computer generated returns and
schedules or returns and schedules filed on forms that have not been approved
by the Department are considered unprocessable and may subject the filer to
penalties and interest for failure to file a proper return.