Ill. Admin. Code tit. 86, § 195.125 - Filing of Returns
a) Except as
otherwise provided in this Section, on or before the last day of each
calendar month, every operator engaged in the business of providing to
purchasers parking areas and garages in this State during the preceding
calendar month and every booking intermediary required to collect tax under
Section 10-10 of the Act shall file a return with the
Department stating:
1)
the
name of the operator or booking intermediary;
2)
the address of its principal place
of business and, if applicable, the address of the principal place of business
from which it provides parking areas and garages in this
State;
3) for an operator,
the total amount of receipts received by the operator during the
preceding calendar month or quarter, as the case may be, from sales of parking
spaces to purchasers in parking areas or garages during the preceding calendar
month or quarter; for a booking intermediary, the total amount
of receipts for separately stated service fees that are charged to the customer
by the booking intermediary in connection with the booking intermediary's
facilitation of parking spot reservations for an operator during the preceding
calendar month or quarter, as the case may be; and, if the return is filed by a
booking intermediary that collects the tax under the Act on
behalf of an unregistered operator, as provided in Section 10-10 of
the Act, then the total amount of receipts received by the booking
intermediary on behalf of the unregistered operator during the preceding
calendar month or quarter, as the case may be, from sales of parking spaces to
purchasers in parking areas or garages during the preceding calendar month or
quarter;
4)
deductions allowed by law;
5) for an operator, the total amount
of receipts received by the operator during the preceding calendar month or
quarter upon which the tax was computed; for a booking intermediary,
the total amount of receipts for separately stated service fees that
are charged to the customer by a booking intermediary in connection with the
booking intermediary's facilitation of parking spot reservations for an
operator during the preceding calendar month or quarter upon which the tax was
computed; and, if the return is filed by a booking intermediary that collects
the tax under the Act on behalf of an unregistered operator,
as provided in Section 10-10 of the Act, then the total amount
of receipts received by the booking intermediary on behalf of the unregistered
operator during the preceding calendar month or quarter upon which the tax was
computed;
6)
the
amount of tax due; and
7)
such other reasonable information as the Department may
require.
b)
If an operator or booking intermediary ceases to engage in the kind of
business that makes it responsible for filing returns under the
Act, then that operator or booking intermediary shall file a final
return under the Act with the Department on or before the last
day of the month after discontinuing such business.
c)
All returns required to be filed
and payments required to be made under the Act shall be by
electronic means. Taxpayers who demonstrate hardship in filing or paying
electronically may petition the Department to waive the electronic filing or
payment requirement, or both. In addition to the requirement to file all
returns required to be filed and payments required to be made under
the Act by electronic means, booking intermediaries shall file returns
in the form and manner required by the Department.
d)
If the same person has more than
one business registered with the Department under separate registrations under
the Act, that person shall not file each return that is due as a single return
covering all such registered businesses but shall file separate returns for
each such registered business. If the operator or booking intermediary is a
corporation, the return filed on behalf of that corporation shall be signed by
the president, vice-president, secretary, or treasurer, or by a properly
accredited agent of the corporation. [35 ILCS
525/10-15 ] When an operator operates multiple parking
areas or garages under one business registration, the operator shall file one
return. Upon request of the Department, an operator must provide a list of all
locations where the operator engages in the business of operating a parking
area or garage.
e)
The
operator or booking intermediary filing the return under the
Act shall, at the time of filing the return, pay to the Department the
amount of tax imposed by the Act less a discount of 1.75 %,
not to exceed $1,000 per month, which is allowed to reimburse the operator or
booking intermediary for the expenses incurred in keeping records, preparing
and filing returns, remitting the tax, and supplying data to the Department on
request. [35 ILCS 525/10-15 ] The discount
is allowed only for returns that are filed on or before the due date by
electronic means as required by subsection (c) and only to the extent of
payments that are made on or before the due date by electronic means as
required by subsection (c). Taxpayers receiving a waiver of the electronic
filing requirement or electronic payment requirement, or both, pursuant to
subsection (c), shall be allowed the discount if the return and/or the payment
are filed on or before the due date.
1) When
a taxpayer receives a waiver of both the electronic filing requirement and the
electronic payment requirement, a return and payment transmitted through the
United States mail is deemed filed with or received by the Department on the
date shown by the post office cancellation mark stamped upon the envelope or
other wrapper containing it.
2)
When a taxpayer receives a waiver of the electronic filing requirement but not
the electronic payment requirement, a return transmitted through the United
States mail is deemed filed with or received by the Department on the date
shown by the post office cancellation mark stamped upon the envelope or other
wrapper containing it. The electronic payment is filed on the date it is
received by the Department.
3) When
a taxpayer receives a waiver of the electronic payment requirement but not the
electronic filing requirement, a payment transmitted through the United States
mail is deemed filed with or received by the Department on the date shown by
the post office cancellation mark stamped upon the envelope or other wrapper
containing it. The electronic return is filed on the date it is received by the
Department.
f)
If
the Department subsequently determines that all or any part of the credit taken
was not actually due to the taxpayer, the taxpayer's discount shall be reduced
by an amount equal to the difference between the discount as applied to the
credit taken and that actually due, and that taxpayer shall be liable for
penalties and interest on that difference. [35 ILCS 525/15]
g) Except as otherwise provided in subsection
(k), each operator or booking intermediary for the first year is required to
file a return for each month, regardless of the fact that the operator may not
have any tax liability to pay for that month. At the end of the first year, the
Department will determine whether the taxpayer shall file on a quarterly or an
annual basis, pursuant to subsections (h) and (i).
h) If, after one year, the operator's or
booking intermediary's average monthly tax liability to the Department does not
exceed $200, the Department will allow the operator's or booking intermediary's
returns to be filed on a quarter annual basis, with: the return for January,
February and March of a given year being due on or before the last day of April
of that year; the return for April, May and June of a given year being due on
or before the last day of July of that year; the return for July, August and
September of a given year being due on or before the last day of October of
that year; and the return for October, November and December of a given year
being due on or before the last day of January of the following year. Quarter
annual returns, as to form and substance, shall be subject to the same
requirements as monthly returns. The Department will periodically review
taxpayer information, including returns filed by the taxpayer, to determine if
any changes have occurred that require the taxpayer to file returns on other
than a monthly or quarterly basis. If the Department determines that a change
is required in filing frequency, it will notify the taxpayer of its
determination.
i) If, after one
year, the operator's or booking intermediary's average monthly tax liability
with the Department does not exceed $50, the Department will allow the
operator's or booking intermediary's returns to be filed on an annual basis,
with the return for a given year being due on or before the last day of January
of the following year. Annual returns, as to form and substance, shall be
subject to the same requirements as monthly returns. The Department will
periodically review taxpayer information, including returns filed by the
taxpayer, to determine if any changes have occurred that require the taxpayer
to file returns on other than a quarterly basis. If the Department determines
that a change is required in filing frequency, it will notify the taxpayer of
its determination.
j) Beginning
January 1, 2021, if the taxpayer's average monthly tax liability to the
Department under the Act was $20,000 or more during the preceding 4 complete
calendar quarters, the taxpayer shall file a return with the Department each
month by the last day of the month next following the month during which the
tax liability is incurred and shall make payment to the Department on or before
the 7th, 15th,
22nd and last day of the month during which the
liability is incurred. Each payment shall be in an amount equal to 22.5% of the
taxpayer's actual liability for the month or 25% of the taxpayer's liability
for the same calendar month of the preceding year. The amount of the quarter
monthly payments shall be credited against the final tax liability of the
taxpayer's return for that month filed under this Section. Once applicable, the
requirement of the making of quarter monthly payments to the Department
pursuant to this Section shall continue until the taxpayer's average monthly
prepaid tax collections during the preceding 4 complete calendar quarters
(excluding the month of highest liability and the month of lowest liability) is
less than $19,000 or until the taxpayer's average monthly liability to the
Department, as computed for each calendar quarter of the 4 preceding complete
calendar quarters, is less than $20,000. If any such quarter monthly payment is
not paid at the time or in the amount required, the taxpayer shall be liable
for penalties and interest on the difference, except insofar as the taxpayer
has previously made payments for that month in excess of the minimum payments
previously due.
k) An operator that
will rent parking spaces in a parking area or garage for 14 days or less in a
calendar year may file returns and remit tax on an annual basis.
Notes
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