Illinois General Assembly - Full Text of HB0049
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Full Text of HB0049  98th General Assembly

HB0049ham001 98TH GENERAL ASSEMBLY

Rep. Jack D. Franks

Filed: 3/19/2013

 

 


 

 


 
09800HB0049ham001LRB098 02874 HLH 42058 a

1
AMENDMENT TO HOUSE BILL 49

2    AMENDMENT NO. ______. Amend House Bill 49 by replacing
3everything after the enacting clause with the following:
 
4    "Section 5. The Use Tax Act is amended by changing Section
514 as follows:
 
6    (35 ILCS 105/14)  (from Ch. 120, par. 439.14)
7    Sec. 14. When the amount due is under $300, any person
8subject to the provisions hereof who fails to file a return, or
9who violates any other provision of Section 9 or Section 10
10hereof, or who fails to keep books and records as required
11herein, or who files a fraudulent return, or who wilfully
12violates any rule or regulation of the Department for the
13administration and enforcement of the provisions hereof, or any
14officer or agent of a corporation or manager, member, or agent
15of a limited liability company subject hereto who signs a
16fraudulent return filed on behalf of such corporation or

 

 

09800HB0049ham001- 2 -LRB098 02874 HLH 42058 a

1limited liability company, or any accountant or other agent who
2knowingly enters false information on the return of any
3taxpayer under this Act, or any person who violates any of the
4provisions of Sections 3, 5 or 7 hereof, or any purchaser who
5obtains a registration number or resale number from the
6Department through misrepresentation, or who represents to a
7seller that such purchaser has a registration number or a
8resale number from the Department when he knows that he does
9not, or who uses his registration number or resale number to
10make a seller believe that he is buying tangible personal
11property for resale when such purchaser in fact knows that this
12is not the case, is guilty of a Class 4 felony.
13    Any person who violates any provision of Section 6 hereof,
14or who engages in the business of selling tangible personal
15property at retail after his Certificate of Registration under
16this Act has been revoked in accordance with Section 12 of this
17Act, is guilty of a Class 4 felony. Each day any such person is
18engaged in business in violation of Section 6, or after his
19Certificate of Registration under this Act has been revoked,
20constitutes a separate offense.
21    When the amount due is under $300, any person who accepts
22money that is due to the Department under this Act from a
23taxpayer for the purpose of acting as the taxpayer's agent to
24make the payment to the Department, but who fails to remit such
25payment to the Department when due is guilty of a Class 4
26felony. Any such person who purports to make such payment by

 

 

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1issuing or delivering a check or other order upon a real or
2fictitious depository for the payment of money, knowing that it
3will not be paid by the depository, shall be guilty of a
4deceptive practice in violation of Section 17-1 of the Criminal
5Code of 2012.
6    When the amount due is $300 or more any person subject to
7the provisions hereof who fails to file a return or who
8violates any other provision of Section 9 or Section 10 hereof
9or who fails to keep books and records as required herein or
10who files a fraudulent return, or who wilfully violates any
11rule or regulation of the Department for the administration and
12enforcement of the provisions hereof, or any officer or agent
13of a corporation or manager, member, or agent of a limited
14liability company subject hereto who signs a fraudulent return
15filed on behalf of such corporation or limited liability
16company, or any accountant or other agent who knowingly enters
17false information on the return of any taxpayer under this Act
18or any person who violates any of the provisions of Sections 3,
195 or 7 hereof or any purchaser who obtains a registration
20number or resale number from the Department through
21misrepresentation, or who represents to a seller that such
22purchaser has a registration number or a resale number from the
23Department when he knows that he does not or who uses his
24registration number or resale number to make a seller believe
25that he is buying tangible personal property for resale when
26such purchaser in fact knows that this is not the case, is

 

 

09800HB0049ham001- 4 -LRB098 02874 HLH 42058 a

1guilty of a Class 3 felony.
2    When the amount due is $300 or more any person who accepts
3money that is due to the Department under this Act from a
4taxpayer for the purpose of acting as the taxpayer's agent to
5make the payment to the Department, but who fails to remit such
6payment to the Department when due is guilty of a Class 3
7felony. Any such person who purports to make such payment by
8issuing or delivering a check or other order upon a real or
9fictitious depository for the payment of money, knowing that it
10will not be paid by the depository shall be guilty of a
11deceptive practice in violation of Section 17-1 of the Criminal
12Code of 2012.
13    Any seller who collects or attempts to collect use tax
14measured by receipts which such seller knows are not subject to
15use tax, or any seller who knowingly over-collects or attempts
16to over-collect use tax in a transaction which is subject to
17the tax that is imposed by this Act, shall be guilty of a Class
184 felony for each such offense. This paragraph does not apply
19to an amount collected by the seller as use tax on receipts
20which are subject to tax under this Act as long as such
21collection is made in compliance with the tax collection
22brackets prescribed by the Department in its Rules and
23Regulations.
24    Any taxpayer or agent of a taxpayer who with the intent to
25defraud purports to make a payment due to the Department by
26issuing or delivering a check or other order upon a real or

 

 

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1fictitious depository for the payment of money, knowing that it
2will not be paid by the depository, shall be guilty of a
3deceptive practice in violation of Section 17-1 of the Criminal
4Code of 2012.
5    Any person who knowingly sells, purchases, installs,
6transfers, possesses, uses, or accesses any automated sales
7device, zapper, or phantom-ware in this State is guilty of a
8Class 3 felony.
9    For the purposes of this Section:
10    "Automated sales suppression device" or "zapper" means a
11software program that falsifies the electronic records of an
12electronic cash register or other point-of-sale system,
13including, but not limited to, transaction data and transaction
14reports. The term includes the software program, any device
15that carries the software program, or an Internet link to the
16software program.
17    "Phantom-ware" means a hidden programming option embedded
18in the operating system of an electronic cash register or
19hardwired into an electronic cash register that can be used to
20create a second set of records or that can eliminate or
21manipulate transaction records in an electronic cash register.
22    "Electronic cash register" means a device that keeps a
23register or supporting documents through the use of an
24electronic device or computer system designed to record
25transaction data for the purpose of computing, compiling, or
26processing retail sales transaction data in any manner.

 

 

09800HB0049ham001- 6 -LRB098 02874 HLH 42058 a

1    "Transaction data" includes: items purchased by a
2customer; the price of each item; a taxability determination
3for each item; a segregated tax amount for each taxed item; the
4amount of cash or credit tendered; the net amount returned to
5the customer in change; the date and time of the purchase; the
6name, address, and identification number of the vendor; and the
7receipt or invoice number of the transaction.
8    "Transaction report" means a report that documents,
9without limitation, the sales, taxes, or fees collected, media
10totals, and discount voids at an electronic cash register and
11that is printed on a cash register tape and the end of a day or
12shift, or a report that documents every action at an electronic
13cash register and is stored electronically.
14    A prosecution for any act in violation of this Section may
15be commenced at any time within 3 years of the commission of
16that Act.
17    This Section does not apply if the violation in a
18particular case also constitutes a criminal violation of the
19Retailers' Occupation Tax Act.
20(Source: P.A. 97-1150, eff. 1-25-13.)
 
21    Section 10. The Service Use Tax Act is amended by changing
22Section 15 as follows:
 
23    (35 ILCS 110/15)  (from Ch. 120, par. 439.45)
24    Sec. 15. When the amount due is under $300, any person

 

 

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1subject to the provisions hereof who fails to file a return, or
2who violates any other provision of Section 9 or Section 10
3hereof, or who fails to keep books and records as required
4herein, or who files a fraudulent return, or who wilfully
5violates any Rule or Regulation of the Department for the
6administration and enforcement of the provisions hereof, or any
7officer or agent of a corporation, or manager, member, or agent
8of a limited liability company, subject hereto who signs a
9fraudulent return filed on behalf of such corporation or
10limited liability company, or any accountant or other agent who
11knowingly enters false information on the return of any
12taxpayer under this Act, or any person who violates any of the
13provisions of Sections 3 and 5 hereof, or any purchaser who
14obtains a registration number or resale number from the
15Department through misrepresentation, or who represents to a
16seller that such purchaser has a registration number or a
17resale number from the Department when he knows that he does
18not, or who uses his registration number or resale number to
19make a seller believe that he is buying tangible personal
20property for resale when such purchaser in fact knows that this
21is not the case, is guilty of a Class 4 felony.
22    Any person who violates any provision of Section 6 hereof,
23or who engages in the business of making sales of service after
24his Certificate of Registration under this Act has been revoked
25in accordance with Section 12 of this Act, is guilty of a Class
264 felony. Each day any such person is engaged in business in

 

 

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1violation of Section 6, or after his Certificate of
2Registration under this Act has been revoked, constitutes a
3separate offense.
4    When the amount due is under $300, any person who accepts
5money that is due to the Department under this Act from a
6taxpayer for the purpose of acting as the taxpayer's agent to
7make the payment to the Department, but who fails to remit such
8payment to the Department when due is guilty of a Class 4
9felony. Any such person who purports to make such payment by
10issuing or delivering a check or other order upon a real or
11fictitious depository for the payment of money, knowing that it
12will not be paid by the depository, shall be guilty of a
13deceptive practice in violation of Section 17-1 of the Criminal
14Code of 2012.
15    When the amount due is $300 or more, any person subject to
16the provisions hereof who fails to file a return, or who
17violates any other provision of Section 9 or Section 10 hereof,
18or who fails to keep books and records as required herein or
19who files a fraudulent return, or who willfully violates any
20rule or regulation of the Department for the administration and
21enforcement of the provisions hereof, or any officer or agent
22of a corporation, or manager, member, or agent of a limited
23liability company, subject hereto who signs a fraudulent return
24filed on behalf of such corporation or limited liability
25company, or any accountant or other agent who knowingly enters
26false information on the return of any taxpayer under this Act,

 

 

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1or any person who violates any of the provisions of Sections 3
2and 5 hereof, or any purchaser who obtains a registration
3number or resale number from the Department through
4misrepresentation, or who represents to a seller that such
5purchaser has a registration number or a resale number from the
6Department when he knows that he does not, or who uses his
7registration number or resale number to make a seller believe
8that he is buying tangible personal property for resale when
9such purchaser in fact knows that this is not the case, is
10guilty of a Class 3 felony.
11    When the amount due is $300 or more, any person who accepts
12money that is due to the Department under this Act from a
13taxpayer for the purpose of acting as the taxpayer's agent to
14make the payment to the Department, but who fails to remit such
15payment to the Department when due is guilty of a Class 3
16felony. Any such person who purports to make such payment by
17issuing or delivering a check or other order upon a real or
18fictitious depository for the payment of money, knowing that it
19will not be paid by the depository, shall be guilty of a
20deceptive practice in violation of Section 17-1 of the Criminal
21Code of 2012.
22    Any serviceman who collects or attempts to collect Service
23Use Tax measured by receipts or selling prices which such
24serviceman knows are not subject to Service Use Tax, or any
25serviceman who knowingly over-collects or attempts to
26over-collect Service Use Tax in a transaction which is subject

 

 

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1to the tax that is imposed by this Act, shall be guilty of a
2Class 4 felony for each offense. This paragraph does not apply
3to an amount collected by the serviceman as Service Use Tax on
4receipts or selling prices which are subject to tax under this
5Act as long as such collection is made in compliance with the
6tax collection brackets prescribed by the Department in its
7Rules and Regulations.
8    Any taxpayer or agent of a taxpayer who with the intent to
9defraud purports to make a payment due to the Department by
10issuing or delivering a check or other order upon a real or
11fictitious depository for the payment of money, knowing that it
12will not be paid by the depository, shall be guilty of a
13deceptive practice in violation of Section 17-1 of the Criminal
14Code of 2012.
15    Any person who knowingly sells, purchases, installs,
16transfers, possesses, uses, or accesses any automated sales
17device, zapper, or phantom-ware in this State is guilty of a
18Class 3 felony.
19    For the purposes of this Section:
20    "Automated sales suppression device" or "zapper" means a
21software program that falsifies the electronic records of an
22electronic cash register or other point-of-sale system,
23including, but not limited to, transaction data and transaction
24reports. The term includes the software program, any device
25that carries the software program, or an Internet link to the
26software program.

 

 

09800HB0049ham001- 11 -LRB098 02874 HLH 42058 a

1    "Phantom-ware" means a hidden programming option embedded
2in the operating system of an electronic cash register or
3hardwired into an electronic cash register that can be used to
4create a second set of records or that can eliminate or
5manipulate transaction records in an electronic cash register.
6    "Electronic cash register" means a device that keeps a
7register or supporting documents through the use of an
8electronic device or computer system designed to record
9transaction data for the purpose of computing, compiling, or
10processing retail sales transaction data in any manner.
11    "Transaction data" includes: items purchased by a
12customer; the price of each item; a taxability determination
13for each item; a segregated tax amount for each taxed item; the
14amount of cash or credit tendered; the net amount returned to
15the customer in change; the date and time of the purchase; the
16name, address, and identification number of the vendor; and the
17receipt or invoice number of the transaction.
18    "Transaction report" means a report that documents,
19without limitation, the sales, taxes, or fees collected, media
20totals, and discount voids at an electronic cash register and
21that is printed on a cash register tape and the end of a day or
22shift, or a report that documents every action at an electronic
23cash register and is stored electronically.
24    A prosecution for any Act in violation of this Section may
25be commenced at any time within 3 years of the commission of
26that Act.

 

 

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1    This Section does not apply if the violation in a
2particular case also constitutes a criminal violation of the
3Retailers' Occupation Tax Act, the Use Tax Act or the Service
4Occupation Tax Act.
5(Source: P.A. 97-1150, eff. 1-25-13.)
 
6    Section 15. The Service Occupation Tax Act is amended by
7changing Section 15 as follows:
 
8    (35 ILCS 115/15)  (from Ch. 120, par. 439.115)
9    Sec. 15. When the amount due is under $300, any person
10subject to the provisions hereof who fails to file a return, or
11who violates any other provision of Section 9 or Section 10
12hereof, or who fails to keep books and records as required
13herein, or who files a fraudulent return, or who wilfully
14violates any Rule or Regulation of the Department for the
15administration and enforcement of the provisions hereof, or any
16officer or agent of a corporation, or manager, member, or agent
17of a limited liability company, subject hereto who signs a
18fraudulent return filed on behalf of such corporation or
19limited liability company, or any accountant or other agent who
20knowingly enters false information on the return of any
21taxpayer under this Act, or any person who violates any of the
22provisions of Sections 3, 5 or 7 hereof, or any purchaser who
23obtains a registration number or resale number from the
24Department through misrepresentation, or who represents to a

 

 

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1seller that such purchaser has a registration number or a
2resale number from the Department when he knows that he does
3not, or who uses his registration number or resale number to
4make a seller believe that he is buying tangible personal
5property for resale when such purchaser in fact knows that this
6is not the case, is guilty of a Class 4 felony.
7    Any person who violates any provision of Section 6 hereof,
8or who engages in the business of making sales of service after
9his Certificate of Registration under this Act has been revoked
10in accordance with Section 12 of this Act, is guilty of a Class
114 felony. Each day any such person is engaged in business in
12violation of Section 6, or after his Certificate of
13Registration under this Act has been revoked, constitutes a
14separate offense.
15    When the amount due is under $300, any person who accepts
16money that is due to the Department under this Act from a
17taxpayer for the purpose of acting as the taxpayer's agent to
18make the payment to the Department, but who fails to remit such
19payment to the Department when due is guilty of a Class 4
20felony. Any such person who purports to make such payment by
21issuing or delivering a check or other order upon a real or
22fictitious depository for the payment of money, knowing that it
23will not be paid by the depository, shall be guilty of a
24deceptive practice in violation of Section 17-1 of the Criminal
25Code of 2012.
26    When the amount due is $300 or more, any person subject to

 

 

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1the provisions hereof who fails to file a return, or who
2violates any other provision of Section 9 or Section 10 hereof,
3or who fails to keep books and records as required herein, or
4who files a fraudulent return, or who wilfully violates any
5rule or regulation of the Department for the administration and
6enforcement of the provisions hereof, or any officer or agent
7of a corporation, or manager, member, or agent of a limited
8liability company, subject hereto who signs a fraudulent return
9filed on behalf of such corporation or limited liability
10company, or any accountant or other agent who knowingly enters
11false information on the return of any taxpayer under this Act,
12or any person who violates any of the provisions of Sections 3,
135 or 7 hereof, or any purchaser who obtains a registration
14number or resale number from the Department through
15misrepresentation, or who represents to a seller that such
16purchaser has a registration number or a resale number from the
17Department when he knows that he does not, or who uses his
18registration number or resale number to make a seller believe
19that he is buying tangible personal property for resale when
20such purchaser in fact knows that this is not the case, is
21guilty of a Class 3 felony.
22    When the amount due is $300 or more, any person who accepts
23money that is due to the Department under this Act from a
24taxpayer for the purpose of acting as the taxpayer's agent to
25make the payment to the Department but who fails to remit such
26payment to the Department when due is guilty of a Class 3

 

 

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1felony. Any such person who purports to make such payment by
2issuing or delivering a check or other order upon a real or
3fictitious depository for the payment of money, knowing that it
4will not be paid by the depository shall be guilty of a
5deceptive practice in violation of Section 17-1 of the Criminal
6Code of 2012.
7    Any serviceman who collects or attempts to collect Service
8Occupation Tax, measured by receipts which such serviceman
9knows are not subject to Service Occupation Tax, or any
10serviceman who collects or attempts to collect an amount
11(however designated) which purports to reimburse such
12serviceman for Service Occupation Tax liability measured by
13receipts or selling prices which such serviceman knows are not
14subject to Service Occupation Tax, or any serviceman who
15knowingly over-collects or attempts to over-collect Service
16Occupation Tax or an amount purporting to be reimbursement for
17Service Occupation Tax liability in a transaction which is
18subject to the tax that is imposed by this Act, shall be guilty
19of a Class 4 felony for each such offense. This paragraph does
20not apply to an amount collected by the serviceman as
21reimbursement for the serviceman's Service Occupation Tax
22liability on receipts or selling prices which are subject to
23tax under this Act, as long as such collection is made in
24compliance with the tax collection brackets prescribed by the
25Department in its Rules and Regulations.
26    Any person who knowingly sells, purchases, installs,

 

 

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1transfers, possesses, uses, or accesses any automated sales
2device, zapper, or phantom-ware in this State is guilty of a
3Class 3 felony.
4    For the purposes of this Section:
5    "Automated sales suppression device" or "zapper" means a
6software program that falsifies the electronic records of an
7electronic cash register or other point-of-sale system,
8including, but not limited to, transaction data and transaction
9reports. The term includes the software program, any device
10that carries the software program, or an Internet link to the
11software program.
12    "Phantom-ware" means a hidden programming option embedded
13in the operating system of an electronic cash register or
14hardwired into an electronic cash register that can be used to
15create a second set of records or that can eliminate or
16manipulate transaction records in an electronic cash register.
17    "Electronic cash register" means a device that keeps a
18register or supporting documents through the use of an
19electronic device or computer system designed to record
20transaction data for the purpose of computing, compiling, or
21processing retail sales transaction data in any manner.
22    "Transaction data" includes: items purchased by a
23customer; the price of each item; a taxability determination
24for each item; a segregated tax amount for each taxed item; the
25amount of cash or credit tendered; the net amount returned to
26the customer in change; the date and time of the purchase; the

 

 

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1name, address, and identification number of the vendor; and the
2receipt or invoice number of the transaction.
3    "Transaction report" means a report that documents,
4without limitation, the sales, taxes, or fees collected, media
5totals, and discount voids at an electronic cash register and
6that is printed on a cash register tape and the end of a day or
7shift, or a report that documents every action at an electronic
8cash register and is stored electronically.
9    A prosecution for any act in violation of this Section may
10be commenced at any time within 3 years of the commission of
11that act.
12    This Section does not apply if the violation in a
13particular case also constitutes a criminal violation of the
14Retailers' Occupation Tax Act or the Use Tax Act.
15(Source: P.A. 97-1150, eff. 1-25-13.)
 
16    Section 20. The Retailers' Occupation Tax Act is amended by
17changing Section 13 as follows:
 
18    (35 ILCS 120/13)  (from Ch. 120, par. 452)
19    Sec. 13. Criminal penalties.
20    (a) When the amount due is under $300, any person engaged
21in the business of selling tangible personal property at retail
22in this State who fails to file a return, or who files a
23fraudulent return, or any officer, employee or agent of a
24corporation, member, employee or agent of a partnership, or

 

 

09800HB0049ham001- 18 -LRB098 02874 HLH 42058 a

1manager, member, agent, or employee of a limited liability
2company engaged in the business of selling tangible personal
3property at retail in this State who, as such officer,
4employee, agent, manager, or member is under a duty to file a
5return, or any officer, agent or employee of a corporation,
6member, agent, or employee of a partnership, or manager,
7member, agent, or employee of a limited liability company
8engaged in the business of selling tangible personal property
9at retail in this State who files or causes to be filed or
10signs or causes to be signed a fraudulent return filed on
11behalf of such corporation or limited liability company, or any
12accountant or other agent who knowingly enters false
13information on the return of any taxpayer under this Act, is
14guilty of a Class 4 felony.
15    Any person who or any officer or director of any
16corporation, partner or member of any partnership, or manager
17or member of a limited liability company that: (a) violates
18Section 2a of this Act or (b) fails to keep books and records,
19or fails to produce books and records as required by Section 7
20or (c) willfully violates a rule or regulation of the
21Department for the administration and enforcement of this Act
22is guilty of a Class A misdemeanor. Any person, manager or
23member of a limited liability company, or officer or director
24of any corporation who engages in the business of selling
25tangible personal property at retail after the certificate of
26registration of that person, corporation, limited liability

 

 

09800HB0049ham001- 19 -LRB098 02874 HLH 42058 a

1company, or partnership has been revoked is guilty of a Class A
2misdemeanor. Each day such person, corporation, or partnership
3is engaged in business without a certificate of registration or
4after the certificate of registration of that person,
5corporation, or partnership has been revoked constitutes a
6separate offense.
7    Any purchaser who obtains a registration number or resale
8number from the Department through misrepresentation, or who
9represents to a seller that such purchaser has a registration
10number or a resale number from the Department when he knows
11that he does not, or who uses his registration number or resale
12number to make a seller believe that he is buying tangible
13personal property for resale when such purchaser in fact knows
14that this is not the case is guilty of a Class 4 felony.
15    Any distributor, supplier or other reseller of motor fuel
16registered pursuant to Section 2a or 2c of this Act who fails
17to collect the prepaid tax on invoiced gallons of motor fuel
18sold or who fails to deliver a statement of tax paid to the
19purchaser or to the Department as required by Sections 2d and
202e of this Act, respectively, shall be guilty of a Class A
21misdemeanor if the amount due is under $300, and a Class 4
22felony if the amount due is $300 or more.
23    When the amount due is under $300, any person who accepts
24money that is due to the Department under this Act from a
25taxpayer for the purpose of acting as the taxpayer's agent to
26make the payment to the Department, but who fails to remit such

 

 

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1payment to the Department when due is guilty of a Class 4
2felony.
3    Any seller who collects or attempts to collect an amount
4(however designated) which purports to reimburse such seller
5for retailers' occupation tax liability measured by receipts
6which such seller knows are not subject to retailers'
7occupation tax, or any seller who knowingly over-collects or
8attempts to over-collect an amount purporting to reimburse such
9seller for retailers' occupation tax liability in a transaction
10which is subject to the tax that is imposed by this Act, shall
11be guilty of a Class 4 felony for each such offense. This
12paragraph does not apply to an amount collected by the seller
13as reimbursement for the seller's retailers' occupation tax
14liability on receipts which are subject to tax under this Act
15as long as such collection is made in compliance with the tax
16collection brackets prescribed by the Department in its Rules
17and Regulations.
18    When the amount due is $300 or more, any person engaged in
19the business of selling tangible personal property at retail in
20this State who fails to file a return, or who files a
21fraudulent return, or any officer, employee or agent of a
22corporation, member, employee or agent of a partnership, or
23manager, member, agent, or employee of a limited liability
24company engaged in the business of selling tangible personal
25property at retail in this State who, as such officer,
26employee, agent, manager, or member is under a duty to file a

 

 

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1return and who fails to file such return or any officer, agent,
2or employee of a corporation, member, agent or employee of a
3partnership, or manager, member, agent, or employee of a
4limited liability company engaged in the business of selling
5tangible personal property at retail in this State who files or
6causes to be filed or signs or causes to be signed a fraudulent
7return filed on behalf of such corporation or limited liability
8company, or any accountant or other agent who knowingly enters
9false information on the return of any taxpayer under this Act
10is guilty of a Class 3 felony.
11    When the amount due is $300 or more, any person engaged in
12the business of selling tangible personal property at retail in
13this State who accepts money that is due to the Department
14under this Act from a taxpayer for the purpose of acting as the
15taxpayer's agent to make payment to the Department but fails to
16remit such payment to the Department when due, is guilty of a
17Class 3 felony.
18    Any person whose principal place of business is in this
19State and who is charged with a violation under this Section
20shall be tried in the county where his principal place of
21business is located unless he asserts a right to be tried in
22another venue.
23    Any taxpayer or agent of a taxpayer who with the intent to
24defraud purports to make a payment due to the Department by
25issuing or delivering a check or other order upon a real or
26fictitious depository for the payment of money, knowing that it

 

 

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1will not be paid by the depository, shall be guilty of a
2deceptive practice in violation of Section 17-1 of the Criminal
3Code of 2012.
4    (b) A person commits the offense of sales tax evasion under
5this Act when he knowingly attempts in any manner to evade or
6defeat the tax imposed on him or on any other person, or the
7payment thereof, and he commits an affirmative act in
8furtherance of the evasion. For purposes of this Section, an
9"affirmative act in furtherance of the evasion" means an act
10designed in whole or in part to (i) conceal, misrepresent,
11falsify, or manipulate any material fact or (ii) tamper with or
12destroy documents or materials related to a person's tax
13liability under this Act. Two or more acts of sales tax evasion
14may be charged as a single count in any indictment,
15information, or complaint and the amount of tax deficiency may
16be aggregated for purposes of determining the amount of tax
17which is attempted to be or is evaded and the period between
18the first and last acts may be alleged as the date of the
19offense.
20        (1) When the amount of tax, the assessment or payment
21    of which is attempted to be or is evaded is less than $500
22    a person is guilty of a Class 4 felony.
23        (2) When the amount of tax, the assessment or payment
24    of which is attempted to be or is evaded is $500 or more
25    but less than $10,000, a person is guilty of a Class 3
26    felony.

 

 

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1        (3) When the amount of tax, the assessment or payment
2    of which is attempted to be or is evaded is $10,000 or more
3    but less than $100,000, a person is guilty of a Class 2
4    felony.
5        (4) When the amount of tax, the assessment or payment
6    of which is attempted to be or is evaded is $100,000 or
7    more, a person is guilty of a Class 1 felony.
8    Any person who knowingly sells, purchases, installs,
9transfers, possesses, uses, or accesses any automated sales
10device, zapper, or phantom-ware in this State is guilty of a
11Class 3 felony.
12    For the purposes of this Section:
13    "Automated sales suppression device" or "zapper" means a
14software program that falsifies the electronic records of an
15electronic cash register or other point-of-sale system,
16including, but not limited to, transaction data and transaction
17reports. The term includes the software program, any device
18that carries the software program, or an Internet link to the
19software program.
20    "Phantom-ware" means a hidden programming option embedded
21in the operating system of an electronic cash register or
22hardwired into an electronic cash register that can be used to
23create a second set of records or that can eliminate or
24manipulate transaction records in an electronic cash register.
25    "Electronic cash register" means a device that keeps a
26register or supporting documents through the use of an

 

 

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1electronic device or computer system designed to record
2transaction data for the purpose of computing, compiling, or
3processing retail sales transaction data in any manner.
4    "Transaction data" includes: items purchased by a
5customer; the price of each item; a taxability determination
6for each item; a segregated tax amount for each taxed item; the
7amount of cash or credit tendered; the net amount returned to
8the customer in change; the date and time of the purchase; the
9name, address, and identification number of the vendor; and the
10receipt or invoice number of the transaction.
11    "Transaction report" means a report that documents,
12without limitation, the sales, taxes, or fees collected, media
13totals, and discount voids at an electronic cash register and
14that is printed on a cash register tape and the end of a day or
15shift, or a report that documents every action at an electronic
16cash register and is stored electronically.
17    (c) A prosecution for any act in violation of this Section
18may be commenced at any time within 5 years of the commission
19of that act.
20(Source: P.A. 97-1074, eff. 1-1-13; 97-1150, eff. 1-25-13.)".