Ill. Admin. Code tit. 14, § 250.70 - NPMs Required to Make Quarterly Installment Payments
a) Whenever the AGO determines that
compliance with the Escrow Act will be promoted by requiring certification and
escrow deposits more frequently than on an annual basis, the AGO may require an
NPM, on a case-by-case basis, to certify its compliance with the Escrow Act and
make its required escrow deposits in quarterly installments during the
Liability Year. The notice of the AGO 's determination requiring the payment of
quarterly installments shall be a final administrative decision reviewable
under the Administrative Review Law [735 ILCS 5 /Art. III]. Factors which may
be considered in making this determination include, but are not limited to, the
following:
1) the initial addition of an NPM
to the directory of compliant NPMs;
2) a history of the NPM not complying with
the Escrow Act ;
3) a history of the
NPM under-funding its qualified escrow account;
4) a history of the NPM failing to timely
pay, or failing to pay entirely, judgments or penalties due under the Escrow
Act to a qualified escrow account or to the AGO ;
5) credible evidence supporting a concern by
the AGO that the NPM may not be financially able to meet its fiscal obligations
under the Escrow Act when they become due on April 30 of the following calendar
year;
6) a volume of more than
2,000,000 cigarettes sold during a calendar quarter.
b) The notice of the AGO 's determination
requiring the payment of quarterly installments shall include:
1) the basis for the determination;
2) the date the first quarterly payment is
due, such date being a minimum of 30 days after the date of notice;
3) that the NPM may request judicial review
of the AGO 's determination in the manner set forth in Section
250.100;
4) the requirement that quarterly installment
payments shall be made for four quarters where the basis for quarterly
installment payments is the initial addition of an NPM to the directory of
compliant NPMs; and
5) a copy of
the State of Illinois Affidavit of Nonparticipating Manufacturer Regarding
Quarterly Escrow Payment.
c) Each NPM required to make quarterly
installment payments shall:
1) make its
required escrow deposit based upon Illinois sales for the previous
quarter;
2) provide proof of
deposit for each quarterly installment;
3) file quarterly with the AGO the State of
Illinois Affidavit of Nonparticipating Manufacturer Regarding Quarterly Escrow
Payment; and
4) file a State of
Illinois Affidavit of Nonparticipating Manufacturer Regarding Escrow
Reconciliation Payment, make a final reconciliation payment and provide proof
of deposit on or before April 15 of the year following the liability
year .
d) The information
required by subsection (c) shall be filed on or before the last day of the
month following the end of the quarter. The filing for:
1) January, February, and March is due on or
before April 30.
2) April, May and
June is due on or before July 31.
3) July, August and September is due on or
before October 31.
4) October,
November and December is due on or before January 31 of the following
year.
e) The AGO shall
notify the NPM of the date it can cease making quarterly installment
payments.
f) NPMs not complying
with this Section, or filing false or inaccurate information with the AGO , may
be deemed to be in violation of the Escrow Enforcement Act and will be dealt
with in accordance with Section
250.110. In addition,
NPMs not complying with this Section shall be subject to a penalty not to
exceed 5% of the amount improperly withheld from escrow per each day of the
violation, and in a total amount not to exceed 100% of the original amount
improperly withheld from escrow.
Notes
Amended at 31 Ill. Reg. 12718, effective August 24, 2007
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