86 Ill. Adm. Code 470.150
Gas Sold to and by Building Operators
Section 470.150 Gas Sold to
and by Building Operators
a) Persons owning, operating or leasing buildings, who purchase
gas services and rebill them as gas services to tenants, make the final sale or
distribution of the services and become liable for tax measured by their gross
receipts from the distributing, supplying, furnishing or selling of the
services in question. These persons are required, under the terms of the Act,
to file returns and pay tax in the same manner as any other taxpayer.
b) These persons shall show receipts from the services separately
in their books and records.
c) In order to enable persons selling gas to owners, operators or
lessees of buildings to report accurately to the Department the amount of gas
services sold for resale and the amount sold for use or consumption, the owners,
operators or lessees should, at the end of each of their billing periods,
report to the supplier the amount of gas (cubic feet or therms, as the case may
be) consumed by the owner or building operator and not resold to tenants. The
owners, operators or lessees need not report to the Department the amount
reported to the supplier.
d) The sale of these services to persons owning, operating or
leasing buildings constitutes the sale of services for the purpose of resale,
if those persons bill them as gas services to tenants. The gross receipts from
this particular type of sale may be deducted from receipts by which the seller
for resale measures his or her tax under the Act.
e) Sales by taxpayers to hotels and like businesses for use or
consumption are taxable sales within the Act.