Current through Register Vol. 48, No. 38, September 20, 2024
a) On or before the twentieth day of each
calendar month, every person engaged in the business of renting automobiles in
this State during the preceding calendar month shall file a return with the
Department for such preceding month, stating the name of the rentor; his
residence address and the address of the principal place of business (if that
is a different address) from which he engages in the business of renting
automobiles in this State. Under the same circumstances set out in 86 Ill. Adm.
Code
130.510,
the Department may authorize the filing of returns on an annual basis. However,
all taxpayers are required to file monthly returns unless specifically
authorized to file on an annual basis.
b) The return shall:
1) disclose total receipts for the month from
the renting of automobiles; and
2)
itemize deductions authorized by law:
A)
receipts from rentals to governmental bodies (federal, State, local or foreign)
or to any organization which is exclusively charitable, religious or
educational, or to any not-for-profit organization which has no compensated
officers or employees and which is organized and operated primarily for the
recreation of persons 55 years or older;
B) receipts from rentals of automobiles under
lease terms of more than one year;
C) receipts from rental transactions which
are within the protection of the Commerce Clause of the Constitution of the
United States;
D) receipts from
rentals of automobiles under lease terms of one year or less to rentees who
will re-rent those automobiles to others under lease terms of one year or
less;
E) receipts from rentees in
consideration of waivers of claims for loss or damage to automobiles
rented;
F) receipts from separately
stated charges for insurance;
G)
receipts from separately stated charges for recovery of refueling costs;
and
H) any other deductions
authorized by law; however, no deduction may be taken on account of the cost of
the property rented, the cost of materials used, labor or service or any other
expense whatsoever.
3)
disclose total deductions authorized by law;
4) disclose total receipts from taxable
transactions, including amounts collected from rentees in the form of
Automobile Renting Use Tax or passed on because of the Automobile Renting
Occupation Tax or passed on because of local Automobile Renting Occupation
Taxes (i.e., Municipal, County, Regional Transportation Authority or Metro East
Mass Transit District Automobile Renting Occupation Taxes);
5) deduct the amount collected from rentees
in the form of Automobile Renting Use Tax or passed on because of the
Automobile Renting Occupation Tax or passed on because of local Automobile
Renting Occupation Taxes;
6)
disclose the rental receipts subject to tax;
7) disclose the amount of State tax
due;
8) disclose the balance of tax
due; and
9) disclose the amount of
penalty (if any) that is due and the total of the tax and penalty
due.
c) As to the
Automobile Renting Occupation Tax, the taxpayer may deduct
1.75 %
thereof as an allowance to reimburse the taxpayer for expenses incurred in
keeping records, preparing and filing returns, remitting the tax and supplying
data to the Department on request. The minimum discount, over the entire period
of any given calendar year, for any single taxpayer (if the taxpayer incurs
that much tax liability) shall be $5.00 for such calendar year. This allowance
is available when the tax remitted is with a return that is filed when due
under the Act, but is not available in any case in which the tax is paid late
(with or without a return, and whether formally assessed by the Department or
not).
