86 Ill. Adm. Code 495.130
Credits
Section 495
Section 495.130 Credits
a) Retailers who have paid Telecommunications Excise Tax to a
local exchange carrier, or other retailers, on basic line charges or other
services, and who have resold those services, may take a direct deduction of
such taxes without filing a claim with the Department. Consumers who have paid
tax to Illinois and another jurisdiction on a particular call may file a direct
claim with the Department.
b)
As
to any claim for credit or refund filed with the Department on or after each
January 1 and July 1, no amounts erroneously paid more than 3 years prior to
such January 1 and July 1,
respectively, shall be credited or refunded, except that if both the Department
and the taxpayer have agreed to an extension of time to issue a notice of tax
liability under this Act, the claim may be filed at any time prior to the
expiration of the period agreed upon.
c) Beginning
June 25, 2021,
for any period included in a claim for credit or refund for
which the statute of limitations for issuing a notice of tax liability under this
Act will expire less than 6 months after the date a taxpayer files the claim
for credit or refund, the statute of limitations is automatically extended for
6 months from the date it would have otherwise expired.
[35 ILCS 630/10].
d) The claim must be accompanied by documentation which would
include the billing reflecting tax charged to the taxpayer and relating the tax
charges to specific calls or transactions.
e) For example, a corporation might have its service address in
Illinois and its billing address in a state which imposes tax based upon its
billing address. If the same call is subject to tax in Illinois because it
originated in Illinois, and was charged to a service address in Illinois, and
is subject to tax in another state because it terminated in the other state,
and was billed to a billing address in that other state, a credit is available
in Illinois to the extent of the tax imposed by the other state, but not
exceeding the tax due on that call in Illinois.