Ill. Admin. Code tit. 86, § 432.170 - Imposition of Tax; Returns
a) There
shall be paid to the Department 5% of the gross proceeds from the sale of pull
tabs (Section 5 of the Act). Gross proceeds includes the total receipts, in
whatever form, before winning tickets are paid. "Gross proceeds" expressly
includes the prize value of winning pull tab tickets which are exchanged for
additional pull tabs rather than for cash. "Gross proceeds" should be
distinguished from "net proceeds", which is the amount left after winning
tickets are paid.
b) Payment of tax
must be made by money order or certified check (Section 5 of the Act). For
regular licensees payment must be received within 20 days after the end of each
calendar quarter (i.e. by April 20, July 20, October 20, and January 20). For
limited licensees payment must be received within 20 days after the license
expires.
c) Each tax payment must
be accompanied by a return on forms provided by the Department. The return
shall state the number of days on which pull tabs were sold, the gross proceeds
from the sale of pull tabs, the name and supplier's license number of all
suppliers from whom the regular or limited licensee obtained pull tabs during
the quarter, and any other information requested by the Department relating to
books or records which the regular or limited licensee is required to
maintain.
d) A return must be filed
as provided in subsection (c) above even if no tax is due. The return shall
state that no pull tabs were sold during the quarter covered by the
return.
e) Regular and limited
licensees should be aware that they may be subject to federal excise tax
liability on the proceeds from the sale of pull tabs. Licensees should contact
the nearest office of the United States Internal Revenue Service for more
information.
f) Any officer or
employee of any corporation subject to the provisions of the Act who has the
control, supervision or responsibility of filing returns and making payment of
the amount of tax imposed by the Act and who willfully fails to file such
return or to make such payment to the Department or willfully attempts in any
other manner to evade or defeat the tax shall be personally liable to a penalty
equal to the total amount of tax evaded, including interest and penalties
thereon; and the personal liability of such officer or employee shall survive
the dissolution of the corporation. (Section 131/2 of the Retailers' Occupation
Tax Act, Ill. Rev. Stat. 1987, ch. 120, par. 4521/2).
Notes
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