(35 ILCS 120/2-10.5)
Direct payment program; purchaser's providing of permit to
retailer; retailer relieved of collecting use tax and local retailers'
occupation tax reimbursements from purchaser; direct payment of retailers'
occupation tax and local retailers' occupation tax by purchaser.
(a) Beginning on July 1, 2001 there is established in this State a Direct
Payment Program to be administered by the Department. The Department shall
issue a Direct Pay Permit to applicants who have been approved to participate
in the Direct Payment Program. Each person applying to participate in the
Direct Payment Program must demonstrate (1) the applicant's ability to comply
with the retailers' occupation tax laws and the use tax laws in effect in this
State and that the applicant's accounting system will reflect the proper amount
of tax due, (2) that the applicant has a valid business purpose for
participating in the Direct Payment Program, and (3) how the applicant's
participation in the Direct Payment Program will benefit tax compliance.
Application shall be made on forms provided by the Department and shall contain
information as the Department may reasonably require. The Department shall
approve or deny an applicant within 90 days after the Department's receipt of
the application, unless the Department makes a written request for additional
information from the applicant.
(b) A person who has been approved for the Direct Payment Program and who
has been issued a Direct Pay Permit by the Department is relieved of paying tax
to a retailer when purchasing tangible personal property for use or
consumption, except as provided in subsection (d), by providing that retailer a
copy of that Direct Pay Permit. A retailer who accepts a copy of a customer's
Direct Pay Permit is relieved of the obligation to remit the tax imposed by
this Act on the transaction. References in this Section to "the tax imposed by
this Act" include any local occupation taxes administered by the Department
that would be incurred on the retail sale.
(c) Once the holder of a Direct Pay Permit uses that Permit to relieve the
Permit holder from paying tax to a particular retailer, the holder must use its
Permit for all purchases, except as provided in subsection (d), from that
retailer for so long as the Permit is valid.
(d) Direct Pay Permits are not valid and shall not be used for sales or
(1) food or beverage;
(2) tangible personal property required to be titled
(e) Direct Pay Permits are not assignable and are not transferable. As an
illustration, a construction contractor shall not make purchases using a
customer's Direct Pay Permit.
(f) A Direct Pay Permit is valid until it is revoked by the Department or
until the holder notifies the Department in writing that the holder is
withdrawing from the Direct Payment Program. A Direct Pay Permit can be
revoked by the Department, after notice and hearing, if the holder violates any
provision of this Act, any provision of the Illinois Use Tax Act, or any
provision of any Act imposing a local retailers' occupation tax administered by
(g) The holder of a Direct Pay Permit who has been relieved of paying tax to
a retailer on a purchase for use or consumption by representing to that
retailer that it would pay all applicable taxes directly to the Department
shall pay those taxes to the Department not later than the 20th day of the
month following the month in which the purchase was made. Permit holders
making such purchases are subject to all provisions of this Act, and the tax
must be reported and paid as retailers' occupation tax in the same manner that
the retailer from whom the purchases were made would have reported and paid it,
including any local retailers' occupation taxes applicable to that retail sale.
Notwithstanding any other provision of this Act, Permit holders shall make all
payments to the Department through the use of electronic funds transfer.
(Source: P.A. 92-484, eff. 8-23-01.)