(35 ILCS 110/11) (from Ch. 120, par. 439.41)
Sec. 11.
Every serviceman required or authorized to collect taxes hereunder
and every user who is subject to the tax imposed by this Act 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 concerning any matters covered
herein and not otherwise delegated to the Illinois Independent Tax Tribunal and may examine any relevant books, papers, records, documents or
memoranda of any serviceman or any taxable purchaser for use hereunder, 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.)
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