86 Ill. Adm. Code 511.310
Self-assessing Purchaser Registration and Renewal, $200 Fee
Section 511
Section 511.310
Self-assessing Purchaser Registration and Renewal, $200 Fee
a)
Any purchaser
for non-residential electric use may elect to register with the Department as a
self-assessing purchaser and to pay the tax imposed by
35 ILCS 640/2-4
directly to the
Department, at the rate stated in that Section for self-assessing purchasers,
rather than paying the tax to such purchaser's delivering supplier.
[35
ILCS 640/2-10]
Application for a certificate of registration as a
self-assessing purchaser shall be made to the Department upon Form REG-1,
Illinois Business Registration
Application
, along with Schedule REG-1-D, Electricity Tax Self-Assessing
Purchaser. Applicants must specify on Form REG-1 the date upon which the
applicant wishes to become a self-assessing purchaser. Applicants must provide
the properly completed application (Form REG-1 and Schedule REG-1-D) to the
Department at least 30 days before the date they wish to become a
self-assessing purchaser in order to give the Department sufficient time to
process the application and forward a copy of the Schedule REG-1-D to the delivering
suppliers listed on that Schedule.
b) Applicants must identify on Schedule REG-1-D the delivering
suppliers and each account with those delivering suppliers upon which the
self-assessing purchaser has chosen to pay Electricity Excise Tax directly to
the Department. The Department will then notify those delivering suppliers by
sending a photocopy of the applicant's Schedule REG-1-D with a letter stating
that the delivering supplier is no longer required to collect tax on those
specified accounts. An applicant must complete separate Schedule REG-1-D for
each delivering supplier if the applicant does not wish all of the applicant's
account information disclosed to each delivering supplier.
c) Self-assessing purchasers who want to add additional delivering
supplier accounts or delete specific accounts must complete a new Schedule
REG-1-D and submit it to the Department at the address listed on that Schedule
at least 30 days before the date they wish to begin or cease self-assessing
Electricity Excise Tax on those specified accounts. The Department will then
notify those delivering suppliers by sending a photocopy of the applicant's
revised Schedule REG-1-D.
d) Payment of Non-refundable Biennial Fee.
Upon receipt of the application for a
certificate of registration in proper form and payment of a non-refundable
biennial fee of $200, the Department shall issue to the applicant a certificate
of registration that permits the person to whom it was issued to pay the tax
incurred under
the
Law
directly to the Department for a period of 2 years.
[35 ILCS 640/2-10]
e)
A certificate of
registration under
this
Section
shall be renewed upon application and payment of a non-refundable
biennial $200 fee, subject to revocation as provided by
the
Law, for
additional 2-year periods from the date of its expiration unless otherwise
notified by the Department.
Application for renewal must be
received at least 30 days prior to the expiration date of the registration in
order to give the Department sufficient time to process the application and
forward a copy of the Schedule REG-1-D to the delivering suppliers listed on
that Schedule. If the Department does not receive the renewal application at
least 30 days prior to the expiration date of the registration, the
registration will be deemed revoked as provided in Section 511.320 of this
Part. This process for issuing a 30-day notice is necessary in order to give
the Department sufficient time to forward a copy of the notice of revocation to
the applicable delivering suppliers so that the delivering suppliers can begin
collecting tax on the date they are required.
f)
The Department may deny a certificate of registration to
any applicant if the owner, any partner, any manager or member of a limited
liability company, or a corporate officer of the applicant, is or has been the
owner, a partner, a manager or member of a limited liability company, or a
corporate officer, of another self-assessing purchaser that is in default for
moneys due under the Electricity Excise Tax Law.
[35 ILCS 640/2-10]
g)
The Department may refuse to issue,
reissue, or renew a certificate of registration 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, 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, permit, or license of a person that is in default
for moneys due under the
Law
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)]
h)
Any person
aggrieved by any decision of the Department under
this Section
may, within 20 days after
notice of such decision, protest and request a hearing, whereupon the
Department shall give notice to such person of the time and place fixed for
such hearing and shall hold a hearing in conformity with the provisions of
the
Law
and then issue its final administrative decision in the matter to
such person. In the absence of such a protest within 20 days, the Department's
decision shall become final without any further determination being made or
notice given. Upon the expiration, revocation, or denial of a certificate of
registration as a self-assessing purchaser, the Department of Revenue shall
provide written notice of the expiration, revocation, or denial of the
certificate to the self-assessing purchaser's delivering supplier or suppliers.
[35 ILCS 640/2-10]