Illinois Administrative Code
Title 86 - REVENUE
Part 131 - LEVELING THE PLAYING FIELD FOR ILLINOIS RETAIL ACT
Section 131.170 - Department Responsibilities
Universal Citation: 86 IL Admin Code ยง 131.170
Current through Register Vol. 48, No. 38, September 20, 2024
a) Provision of Databases. No later than July 1, 2020, the Department will:
1) Provide and maintain an electronic
database of defined product categories that identifies the taxability of each
category. The Department will meet this requirement by the provision and
maintenance of the Illinois Sales Tax Matrix on the Department's website. The
Department will provide persons subject to this Part with as much advance
notice as practicable of changes in the Sales Tax Matrix. Failure of the
Department to provide notice or failure of a person to receive notice shall not
relieve the person of its obligation to remit tax as required by law. However,
persons may petition the Department for abatement of penalties on reasonable
cause shown;
2) Provide and
maintain an electronic database of all retailers' occupation tax rates for the
jurisdictions in Illinois that levy a retailers' occupation tax administered by
the Department. The Department will meet this requirement by the provision and
maintenance of the Tax Rate Finder Tax Rate Database on the Department's
website. Local retailers' occupation taxes for jurisdictions in Illinois are
generally subject to change twice a year, effective July 1 and January 1, and
prior to these dates, any such changes are reflected on the Department's Tax
Rate Finder Tax Rate Database. The Department will, as much as practicable,
provide a CSP or CAS with notice of the changes by publishing updated tax rates
on the Tax Rate Finder Tax Rate Database on the Department's website at least
one month prior to the effective date of any tax rate changes. However, failure
of a person to receive notice provided by the Department prior to the effective
date of any tax rate change as set forth in this subsection (a)(2) shall not
relieve the person of its obligation to remit tax as required by law. Persons
subject to this Part may petition the Department for abatement of penalties on
reasonable cause shown; and
3)
Provide and maintain an electronic database that assigns delivery addresses in
Illinois to the applicable taxing jurisdictions. The Department will provide a
CSP or CAS with notice of any changes to this database for implementation on
January 1 and July 1 of each year. Until that notification, the CSP or CAS may
rely upon the information in the database to correctly remit taxes as required
in this Part. (See
35 ILCS
185/5-20.)
4)
Remote retailers using CSPs or
CASs and their CSPs are relieved from liability to the State for having
remitted the incorrect amount of use or occupation tax resulting from reliance,
at the time of the sale, on erroneous data provided by the State in its
database files on tax rates, boundaries or taxing jurisdictions.
35
ILCS 185/5-30(b). The Department will
not make reallocations of tax previously erroneously remitted to local taxing
jurisdictions based upon errors in the tax rate or address databases provided
for in subsections (a)(2) and (a)(3) of this Section. Errors discovered in
these databases must be reported to the Department either by April 1, with the
update becoming effective the next following July 1; or by October 1, with the
update becoming effective the next following January 1. The Department,
however, will make reallocations of tax previously erroneously remitted upon
the filing of amended returns, and only to the extent of the amount of taxes
which have been erroneously remitted.
b) Certification of CSP and CAS. No later than July 1, 2020, the Department will:
1)
Establish uniform minimum standards that companies wishing to be designated as
certified service providers in Illinois must meet;
2) Establish uniform minimum standards that
certified automated systems must meet; and
3) Establish a certification process to
review the systems of companies wishing to be designated as certified service
providers in Illinois or of companies wishing to provide certified automated
systems to remote retailers.
c) The Department will enter into a contractual relationship with each company that qualifies as a CSP. (See Section 131.160.) As a condition of its registration, a remote retailer using a CAS must agree to comply with the requirements set forth in Section 131.165(d).
Disclaimer: These regulations may not be the most recent version. Illinois may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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