Illinois Administrative Code
Title 44 - GOVERNMENT CONTRACTS, GRANTMAKING, PROCUREMENT AND PROPERTY MANAGEMENT
Part 4 - CHIEF PROCUREMENT OFFICER FOR PUBLIC INSTITUTIONS OF HIGHER EDUCATION STANDARD PROCUREMENT
Subpart V - MISCELLANEOUS PROVISIONS OF GENERAL APPLICABILITY
Section 4.7020 - Taxes, Licenses, Assessments and Royalties

a) The contractor shall pay all current and applicable city, county, State and federal taxes, licenses or assessments, including federal excise taxes, due on the performance of any contract, including, without limiting the foregoing, those required by the Federal Insurance Contribution Act ( 26 USC 3101 et seq.), the Federal Unemployment Tax Act ( 26 USC 3301 et seq.) and the State Unemployment Insurance Act [820 ILCS 405 ], together with all royalties due for any proprietary items. The contractor is exclusively liable for the payment of taxes to the respective governments. In the event the taxes, license, assessment or royalties, or any part thereof, are in the first instance charged to the university, the contractor shall, upon timely demand of the university, pay the university the amount of the tax, license, assessment or royalty due, plus all penalties that may have accrued.

b) The university is exempted by Section 3-5 of the Use Tax Act [35 ILCS 105/3-5] from paying any of the taxes imposed by that Act, and sales to the university are exempt by Section 2-5(11) of the Retailers' Occupation Tax Act [35 ILCS 120/2-5(11)] from any of the taxes imposed by that Act. The Illinois Department of Revenue, under 86 Ill. Adm. Code 130.2075(d), has declared that sale of materials to construction contractors for conversion into real estate for schools or charities are not taxable retail sales. A university making purchases of tangible personal property must provide its exemption numbers to vendors in order to receive an exemption from tax. Contractors making purchases from vendors of tangible personal property that will be incorporated into real estate owned by a university must present vendors with the university's exemption number and other required documentation in order to receive an exemption from tax.

c) Federal Excise Tax. Bidders must not include in their prices any allowance for payment under Federal Excise Tax if the university is exempt from those taxes. If an order or contract is awarded for the purchase of an item that is subject to the Federal Excise Tax, the university will furnish the vendor with an exemption certificate or number upon request.