Illinois Administrative Code
Title 86 - REVENUE
Part 460 - COIN-OPERATED AMUSEMENT DEVICE AND REDEMPTION MACHINE TAX
Section 460.110 - Privilege Tax Decals
Universal Citation: 86 IL Admin Code ยง 460.110
Current through Register Vol. 48, No. 38, September 20, 2024
a) Obtaining Privilege Tax Decals
1) Every
person, firm, limited liability company, or corporation displaying any taxable
amusement device or redemption machine to be played or operated by the public
at any place owned or leased by such person, firm, limited liability company,
or corporation shall, before displaying the device or machine, file with the
Department of Revenue a form containing information regarding each such device
or machine. The form shall include the name and address of the person, firm,
limited liability company, or corporation, a brief description of the device or
machine to be displayed and the premises where such device or machine will be
located. The applicant should answer all questions and give all the information
required on the form. The information must be provided on a form prescribed by
the Department.
2) The information
form must be accompanied by the tax. A separate privilege tax decal must be
obtained for each taxable unit.
b) Who May Obtain Privilege Tax Decals
The person who is required to apply for the privilege tax decal is the person who displays the taxable device or machine to be played or operated by the public at a place owned or leased by that person, regardless of whether that person is the owner of the machine or device. There is no exemption from the taxing requirements of the Act because of the fact that the operator of the coin-operated amusement device or redemption machine is a not-for-profit organization.
c) Issuance of Privilege Tax Decals - Transferability
1) Upon receipt of an
information form in proper form, together with the applicable tax, the
Department will issue a privilege tax decal to the applicant. The privilege tax
decal must be securely affixed to the device or machine for which it is issued
and must be conspicuously displayed. A privilege tax decal is transferable from
one amusement device or redemption machine to another amusement device or
redemption machine operated by the same privilege tax decal holder or from one
address to another address of a privilege tax decal holder, provided that the
Department is promptly notified of such transfer on a transfer form which the
Department will make available on request for this purpose.
2) However, no privilege tax decal is
transferable from one person to another. For example, a privilege tax decal
could not be transferred from one individual to another; from one partnership
to another; from one corporation to another; from an individual to a
partnership or to a corporation (even though the individual is one of the
partners or owns the stock in the corporation); from a partnership to an
individual or to a corporation (even though one of the partners is the
individual or the partners own the stock in the corporation); or from a
corporation to a partnership or to an individual. Each of these entities (i.e.,
each individual, each partnership and each corporation) is a different legal
person. Similarly, a receiver, trustee in bankruptcy, administrator, executor,
conservator or other legal representative appointed by a court is a different
legal person from the person (or the person's estate) to whose assets such
legal representative succeeds.
d) Penalties
1) On every device and machine found to have
been displayed without the tax imposed by the Act having been paid, the tax
otherwise payable shall be increased by 30% as a penalty [35 ILCS
510/5] . Persons operating or displaying devices or
machines in such a manner that they could be played without the tax imposed by
the Act having first been paid, shall be guilty of a Class C misdemeanor
[35 ILCS
510/8] .
2) Also, any coin-operated amusement device
or redemption machine operated in a manner that violates any provision of the
Act is subject to seizure and confiscation and forfeiture in accordance with
the provisions of Sections 13 and 14 of the Act.
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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