SB 3448 — ROTA-REGISTRATION

SB3448 EngrossedEnrolled LRB098 19714 HLH 54925 b AN ACT concerning revenue.

(4) the name and address of the person or persons who will be responsible for filing returns and payment of taxes due under SB3448 EngrossedEnrolled - 2 - LRB098 19714 HLH 54925 b this Act;

The Department may deny a certificate of registration to any applicant if a person who is named as the owner, a partner, a manager or member of a limited liability company, or a corporate officer of the applicant on the application for the certificate of registration, is or has been named as the owner, a partner, a manager or member of a limited liability company, SB3448 EngrossedEnrolled - 3 - LRB098 19714 HLH 54925 b or a corporate officer, on the application for the certificate of registration of another retailer that is in default for moneys due under this Act or any other tax or fee Act administered by the Department.

In making a determination as to whether to require a bond or other security, the Department shall take into consideration whether SB3448 EngrossedEnrolled - 4 - LRB098 19714 HLH 54925 b the owner, any partner, any manager or member of a limited liability company, or a corporate officer of the applicant is or has been the owner, a partner, a manager or member of a limited liability company, or a corporate officer of another retailer that is in default for moneys due under this Act or any other tax or fee Act administered by the Department;

The amount of security required by the Department shall be such as, in its opinion, will protect the State of Illinois against failure to pay the amount which may become due from the applicant under this Act and under any other State tax law or municipal or county tax ordinance or resolution under SB3448 EngrossedEnrolled - 5 - LRB098 19714 HLH 54925 b which the certificate of registration that is issued to the applicant under this Act will permit the applicant to engage in business without registering separately under such other law, ordinance or resolution, but the amount of the security required by the Department shall not exceed three times the amount of the applicant's average monthly tax liability, or $50,000.00, whichever amount is lower.

No certificate of registration issued to a taxpayer who files returns required by this Act on a monthly basis shall be valid after the expiration of 5 years from the date of its SB3448 EngrossedEnrolled - 6 - LRB098 19714 HLH 54925 b issuance or last renewal.

The Department shall promulgate regulations establishing procedures for taxpayers who file returns on a monthly basis but desire and qualify to change to a quarterly or yearly filing basis and will no longer be SB3448 EngrossedEnrolled - 7 - LRB098 19714 HLH 54925 b subject to renewal under this Section, and for taxpayers who file returns on a yearly or quarterly basis but who desire or are required to change to a monthly filing basis and will be subject to renewal under this Section.

SB3448 EngrossedEnrolled - 8 - LRB098 19714 HLH 54925 b A certificate of registration issued under this Act more than 5 years before the effective date of this amendatory Act of 1989 shall expire and be subject to the renewal provisions of this Section on the next anniversary of the date of issuance of such certificate which occurs more than 6 months after the effective date of this amendatory Act of 1989.

If the applicant will sell tangible personal property at retail through vending machines, the Department shall furnish him with a sub-certificate of registration for each such vending machine, and the applicant shall display the appropriate sub-certificate of registration on each such vending machine by attaching the sub-certificate of SB3448 EngrossedEnrolled - 9 - LRB098 19714 HLH 54925 b registration to a conspicuous part of such vending machine.

Where the same person engages in 2 or more businesses of selling tangible personal property at retail in this State, which businesses are substantially different in character or engaged in under different trade names or engaged in under other substantially dissimilar circumstances (so that it is more practicable, from an accounting, auditing or bookkeeping standpoint, for such businesses to be separately registered), the Department may require or permit such person (subject to the same requirements concerning the furnishing of security as those that are provided for hereinbefore in this Section as to each application for a certificate of registration) to apply for and obtain a separate certificate of registration for each such business or for any of such businesses, under a single SB3448 EngrossedEnrolled - 10 - LRB098 19714 HLH 54925 b certificate of registration supplemented by related sub-certificates of registration.

This exemption shall SB3448 EngrossedEnrolled - 11 - LRB098 19714 HLH 54925 b continue for each such taxpayer until such time as he may be determined by the Department to be delinquent in the filing of any returns, or is determined by the Department (either through the Department's issuance of a final assessment which has become final under the Act, or by the taxpayer's filing of a return which admits tax that is not paid to be due) to be delinquent or deficient in the paying of any tax under this Act or under any other State tax law or municipal or county tax ordinance or resolution under which the certificate of registration that is issued to the registrant under this Act will permit the registrant to engage in business without registering separately under such other law, ordinance or resolution, at which time that taxpayer shall become subject to all the financial responsibility requirements of this Act and, as a condition of being allowed to continue to engage in the business of selling tangible personal property at retail, may be required to post bond or other acceptable security with the Department covering liability which such taxpayer may thereafter incur.

No certificate of registration shall be issued to any person who is in default to the State of Illinois for moneys due under this Act or under any other State tax law or SB3448 EngrossedEnrolled - 12 - LRB098 19714 HLH 54925 b municipal or county tax ordinance or resolution under which the certificate of registration that is issued to the applicant under this Act will permit the applicant to engage in business without registering separately under such other law, ordinance or resolution.

If the security consists of SB3448 EngrossedEnrolled - 13 - LRB098 19714 HLH 54925 b stocks or bonds or other securities which are listed on a public exchange, the Department shall sell such securities through such public exchange.

or SB3448 EngrossedEnrolled - 14 - LRB098 19714 HLH 54925 b (2) such taxpayer has ceased to collect receipts on which he is required to remit tax to the Department, has filed a final tax return, and has paid to the Department an amount sufficient to discharge his remaining tax liability, as determined by the Department, under this Act and under every other State tax law or municipal or county tax ordinance or resolution under which the certificate of registration issued under this Act permits the registrant to engage in business without registering separately under such other law, ordinance or resolution.