Illinois Compiled Statutes
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35 ILCS 120/7
(35 ILCS 120/7)
(from Ch. 120, par. 446)
Every person engaged in the business of selling tangible personal
property at retail in this State shall keep records and books of all sales
of tangible personal property, together with invoices, bills of lading,
sales records, copies of bills of sale, inventories prepared as of December
31 of each year or otherwise annually as has been the custom in the
specific trade and other pertinent papers and documents. Every person who
is engaged in the business of selling tangible personal property at retail
in this State and who, in connection with such business, also engages in
other activities (including, but not limited to, engaging in a service
occupation) shall keep such additional records and books of all such
activities as will accurately reflect the character and scope of such
activities and the amount of receipts realized therefrom.
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.
All books and records and other papers and documents which are required
by this Act to be kept shall be kept in the English language
and shall, at all times during business hours of the day, be subject to
inspection by the Department or its duly authorized agents and employees.
To support deductions made on the tax return form, or authorized under
this Act, on account of receipts from isolated or occasional sales of
tangible personal property, on account of receipts from sales of tangible
personal property for resale, on account of receipts from sales to
governmental bodies or other exempted types of purchasers, on account of
receipts from sales of tangible personal property in interstate commerce,
and on account of receipts from any other kind of transaction that is not
taxable under this Act, entries in any books, records or other pertinent
papers or documents of the taxpayer in relation thereto shall be in detail
sufficient to show the name and address of the taxpayer's customer in each
such transaction, the character of every such transaction, the date of
every such transaction, the amount of receipts realized from every such
transaction and such other information as may be necessary to establish the
non-taxable character of such transaction under this Act.
Except in the case of a sale to a purchaser who will always resell and
deliver the property to his customers outside Illinois, anyone claiming
that he has made a nontaxable sale for resale in some form as tangible
personal property shall also keep a record of the purchaser's registration
number or resale number with the Department.
It shall be presumed that all sales of tangible personal property are
subject to tax under this Act until the contrary is established, and the
burden of proving that a transaction is not taxable hereunder shall be upon
the person who would be required to remit the tax to the Department if such
transaction is taxable. In the course of any audit or investigation or
hearing by the Department with reference to a given taxpayer, if the
Department finds that the taxpayer lacks documentary evidence needed to
support the taxpayer's claim to exemption from tax hereunder, the
Department is authorized to notify the taxpayer in writing to produce such
evidence, and the taxpayer shall have 60 days subject to the right in the
Department to extend this period either on request for good cause shown or
on its own motion from the date when such notice is sent to the taxpayer by
certified or registered mail (or delivered to the taxpayer if the notice is
served personally) in which to obtain and produce such evidence for the
Department's inspection, failing which the matter shall be closed, and the
transaction shall be conclusively presumed to be taxable hereunder.
Books and records and other papers reflecting gross receipts received
during any period with respect to which the Department is authorized to
issue notices of tax liability as provided by Sections 4 and 5 of this
Act shall be preserved until the expiration of such period unless the
Department, in writing, shall authorize their destruction or disposal prior
to such expiration.
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.)