86 Ill. Adm. Code 450.80
Purchase of Cigarettes by Governmental Bodies for Use
Section 450
Section 450.80 Purchase of
Cigarettes by Governmental Bodies for Use
No exemption from the cigarette
use tax can be claimed merely because of the fact that the purchaser for use is
a State or local governmental body. Under the doctrine of intergovernmental
immunity, the cigarette use tax cannot be imposed upon Federal or foreign
governmental bodies, but this conclusion has no effect on the question of the
taxability or exemption of a distributor who is licensed or who holds a permit
to act as a distributor under the Cigarette Tax Act, when such a distributor
sells cigarettes to the Federal Government or to a foreign government or to an
agency or instrumentality of either. Insofar as this subject in relation to
the Cigarette Tax Act is concerned, see 86 Ill. Adm. Code 180 of the Rules
relating to the Cigarette Tax Act.