Illinois Compiled Statutes
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35 ILCS 115/11
(35 ILCS 115/11)
(from Ch. 120, par. 439.111)
Every supplier required or authorized to collect taxes hereunder
and every serviceman making sales of service in this State on or after the
effective date hereof shall keep such records, receipts, invoices and other
pertinent books, documents, memoranda and papers as the Department shall
require, in such form as the Department shall require.
The Department may adopt rules that establish requirements, including record
forms and formats, for records required to be kept and maintained by taxpayers.
For purposes of this Section, "records" means all data maintained by the
taxpayer, including data on paper, microfilm, microfiche or any type of
machine-sensible data compilation. For the purpose of
administering and enforcing the provisions hereof, the Department, or any
officer or employee of the Department designated, in writing, by the
Director thereof, may hold investigations and hearings not otherwise delegated to the Illinois Independent Tax Tribunal concerning any
matters covered herein and may examine any books, papers, records,
documents or memoranda of any supplier or serviceman bearing upon the sales
of services or the sales of tangible personal property to servicemen, and
may require the attendance of such person or any officer or employee of
such person, or of any person having knowledge of the facts, and may take
testimony and require proof for its information.
Any person who fails to keep books and records or fails to produce books and records for examination, as required by this Section and the rules adopted by the Department, is liable to pay to the Department, for deposit into the Tax Compliance and Administration Fund, a penalty of $1,000 for the first failure to keep books and records or produce books and records for examination and a penalty of $3,000 for each subsequent failure to keep books and records or produce books and records for examination as required by this Section and the rules adopted by the Department. The penalties imposed under this Section shall not apply if the taxpayer shows that he or she acted with ordinary business care and prudence. The Department may adopt rules to administer the penalties under this Section.
(Source: P.A. 100-940, eff. 8-17-18.)