86 Ill. Adm. Code 495.111
Registration of Retailers
Section 495.111 Registration
of Retailers
a) Every retailer shall apply to the
Department for a certificate of registration. The application to register must
be made on a form prescribed and furnished by the Department for that purpose. Applications
to register may be found and submitted electronically on the Department's
website at www.tax.illinois.gov.
b) Each application shall be signed and
verified and shall state:
1) the name and social security number of the
applicant;
2) the address of the retailer's principal
place of business;
3) the address of the place of business from
which the retailer engages in the business of selling telecommunications in
this State and the addresses of all other places of business, if any (enumerating
such addresses, if any, in a separate list attached to and made a part of the
application) from which the retailer engages in the business of selling
telecommunications in this State;
4) the name and address of the person or
persons who will be responsible for filing returns and payment of taxes due
under the Act;
5) in the case of a publicly traded
corporation, the name and title of the Chief Financial Officer, Chief Operating
Officer, and any other officer or employee with responsibility for preparing
tax returns under the Act; and, in the case of all other corporations, the
name, title, and social security number of each corporate officer; and
6) in the case of a limited liability company,
the name, social security number, and FEIN of each manager and member.
c) Upon completion of the form described in
subsection (a), the Department shall issue to the applicant a certificate of
registration that shall permit the person to whom it is issued to engage in
business as a retailer of telecommunications in this State. If an applicant
engages in the business of telecommunications at another location in this
State, the Department shall furnish the applicant with a sub-certificate of
registration for that place of business, and the applicant shall display the
appropriate sub-certificate of registration at that place of business. The
sub-certificate of registration shall bear the same registration number as that
appearing upon the certificate of registration to which the sub-certificate
relates.
d)
A certificate of
registration will be valid for 1 year and will automatically be renewed,
subject to revocation as provided by Section 495.112, in 1 year increments from
the date of its expiration, unless otherwise notified by the Department as
provided in this Section.
e)
The Department may refuse to issue,
reissue, or renew a certificate of registration, permit, or license authorized
to be issued by the Department if a person who is named as the owner, a
partner, a corporate officer, or, in the case of a limited liability company, a
manager or member, of the applicant on the application for the certificate of
registration, permit, or license is or has been named as the owner, a partner,
a corporate officer, or, in the case of a limited liability company, a manager
or member, on the application for the certificate of registration of a person
that is in default for moneys due under the tax or fee Act upon which the
certificate of registration, permit, or license is required or any other tax or
fee Act administered by the Department. For purposes of this Section only, in
determining whether a person is in default for moneys due, the Department shall
include only amounts established as a final liability within the 23 years prior
to the date of the Department's notice of refusal to issue or reissue the
certificate of registration, permit, or license.
[20 ILCS 2505/2505-380(b)]
f) When a taxpayer to whom a certificate of
registration is issued under the Act is in default to the State of Illinois for
delinquent returns or for moneys due under the Act or any other State tax or
fee Act or municipal or county ordinance administered or enforced by the
Department, the Department shall, not less than 60 days before the expiration
of the certificate of registration, give notice to the taxpayer to whom the
certificate was issued, of the following:
1) the account period of the delinquent
returns;
2) the amount of tax, penalty and interest due
and owing from the taxpayer; and
3) that the certificate of registration shall
not be automatically renewed upon its expiration date unless the taxpayer, on
or before the date of expiration, has filed and paid the delinquent returns or
paid the defaulted amount in full.
g) The Department shall approve renewal by a
taxpayer who is in default if, at the time of renewal, the taxpayer files all
of the delinquent returns or pays to the Department the percentage of the
defaulted amount as may be determined by the Department and agrees in writing
to a payment plan for paying the balance of the defaulted amount.
h) Any person aggrieved by any decision of the
Department under this Section may, within 20 days after notice of the decision,
protest and request a hearing pursuant to procedures outlined in 86 Ill. Adm.
Code 200 et seq. After receipt of the request for a hearing, the Department
shall give notice to the person of the time and place fixed for the hearing,
shall hold a hearing, and shall issue its final administrative decision in the
matter to the person. In the absence of a protest within 20 days, the
Department's decision shall become final without any further determination
being made or notice given.