86 Ill. Adm. Code 510.130
Certificate of Registration
Section 510
Section 510.130 Certificate
of Registration
a) An
application for a Certificate of Registration shall be filed with the
Department by every person subject to the Public Utilities Revenue Tax Act.
The application to register must be made on a form
prescribed and furnished by the Department on the Department's website.
Applications to register may be submitted electronically on the Department's
website at MyTax.Illinois.gov.
1) Each application shall be signed and verified
and shall state:
A) the name and social security number of the
applicant;
B) the address of the retailer's principal place of
business;
C) the address of the place of business from which
the taxpayer engages in the business of distributing electricity 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 distributing
electricity in this State;
D) the name and address of the person or persons who
will be responsible for filing returns and payment of taxes due under the Act;
E) 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
F) in the case of a limited liability company, the
name, social security number, and FEIN of each manager and member.
2) Upon completion of the form described in
subsection (a)(1), 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 distributor of electricity in this State. If an applicant
engages in the business of distributing electricity 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.
3)
A certificate of
registration will be valid until it has been revoked by the Department or the
taxpayer files a final return.
4)
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)]
5) 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:
A) the account period of the delinquent returns;
B) the amount of tax, penalty, and interest due and
owing from the taxpayer; and
C) 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.
6) The Department may approve renewal of
a certificate by a taxpayer who is in default if, at the time of renewal, the
taxpayer files all delinquent returns and pays the tax reflected on those
returns, and the Department approves a payment plan for the taxpayer to satisfy
all outstanding balances owing on returns that have been filed by the taxpayer.
b) If any Certificate or Sub-Certificate is destroyed or defaced
as a result of natural wear and tear, upon certification of this fact on a
proper form to the Department, a duplicate copy or copies thereof will be
issued to the taxpayer.
c) Certificates of Registration are non-transferable and must be
returned to the Department when the taxpayer's place of business is sold or
discontinued. Where the taxpayer's place of business is moved to another
location, the Certificate must be removed and returned to the Department and
the Department advised of such change in location.
d) 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. 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.