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Rep. Jack D. Franks
Filed: 3/19/2013
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1 | | AMENDMENT TO HOUSE BILL 49
|
2 | | AMENDMENT NO. ______. Amend House Bill 49 by replacing |
3 | | everything after the enacting clause with the following:
|
4 | | "Section 5. The Use Tax Act is amended by changing Section |
5 | | 14 as follows:
|
6 | | (35 ILCS 105/14) (from Ch. 120, par. 439.14)
|
7 | | Sec. 14.
When the amount due is under $300, any person |
8 | | subject to
the provisions hereof who fails to file a
return, or |
9 | | who violates any other provision of Section 9 or Section 10 |
10 | | hereof,
or who fails to keep books and records as required |
11 | | herein, or who files a
fraudulent return, or who wilfully |
12 | | violates any rule or regulation of the
Department for the |
13 | | administration and enforcement of the provisions hereof,
or any |
14 | | officer or agent of a corporation or manager, member, or agent |
15 | | of a
limited liability company subject hereto who signs a |
16 | | fraudulent return filed on
behalf of such corporation or |
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1 | | limited liability company, or any accountant or
other agent who |
2 | | knowingly enters false information on the return of any
|
3 | | taxpayer under this Act, or any person who violates any of the |
4 | | provisions
of Sections 3, 5 or 7 hereof, or any purchaser who |
5 | | obtains a registration
number or resale number from the |
6 | | Department through misrepresentation, or
who represents to a |
7 | | seller that such purchaser has a registration number or
a |
8 | | resale number from the Department when he knows that he does |
9 | | not, or who
uses his registration number or resale number to |
10 | | make a seller believe that
he is buying tangible personal |
11 | | property for resale when such purchaser in
fact knows that this |
12 | | is not the case, is guilty of a Class 4 felony.
|
13 | | Any person who violates any provision of Section 6 hereof, |
14 | | or who
engages in the business of selling tangible personal |
15 | | property at retail
after his Certificate of Registration under |
16 | | this Act has been revoked in
accordance with Section 12 of this |
17 | | Act, is guilty of a Class 4 felony.
Each day any such person is |
18 | | engaged in business in violation of Section 6,
or after his |
19 | | Certificate of Registration under this Act has been revoked,
|
20 | | constitutes a separate offense.
|
21 | | When the amount due is under $300, any person who accepts |
22 | | money that
is due to the Department under this Act from a |
23 | | taxpayer for the purpose of
acting as the taxpayer's agent to |
24 | | make the payment to the Department, but who
fails to remit such |
25 | | payment to the Department when due is guilty of a Class 4
|
26 | | felony.
Any such person who purports to make such payment by |
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|
1 | | issuing or delivering
a check or other order upon a real or |
2 | | fictitious depository for the payment
of money, knowing that it |
3 | | will not be paid by the depository, shall be guilty
of a |
4 | | deceptive practice in violation of Section 17-1 of the Criminal |
5 | | Code
of 2012.
|
6 | | When the amount due is $300 or more any person subject to |
7 | | the provisions
hereof who fails to file a return or who |
8 | | violates any other provision of
Section 9 or Section 10 hereof |
9 | | or who fails to keep books and records as
required herein or |
10 | | who files a fraudulent return, or who wilfully violates
any |
11 | | rule or regulation of the Department for the administration and
|
12 | | enforcement of the provisions hereof, or any officer or agent |
13 | | of a
corporation or manager, member, or agent of a limited |
14 | | liability company
subject hereto who signs a fraudulent return |
15 | | filed on behalf of
such corporation or limited liability |
16 | | company, or any accountant or other
agent who knowingly enters |
17 | | false information on the return of any taxpayer
under this Act |
18 | | or any person who violates any of the provisions of Sections 3,
|
19 | | 5 or 7 hereof or any purchaser who obtains a registration |
20 | | number or resale
number from the Department through |
21 | | misrepresentation, or who represents to a
seller that such |
22 | | purchaser has a registration number or a resale number from
the |
23 | | Department when he knows that he does not or who uses his |
24 | | registration
number or resale number to make a seller believe |
25 | | that he is buying tangible
personal property for resale when |
26 | | such purchaser in fact knows that this is not
the case, is |
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1 | | guilty of a Class 3 felony.
|
2 | | When the amount due is $300 or more any person who accepts |
3 | | money that is
due to the Department under this Act from a |
4 | | taxpayer for the purpose of
acting as the taxpayer's agent to |
5 | | make the payment to the Department, but who
fails to remit such |
6 | | payment to the Department when due is guilty of a Class
3 |
7 | | felony. Any such person who purports to make such payment by |
8 | | issuing or
delivering a check or other order upon a real or |
9 | | fictitious depository for
the payment of money, knowing that it |
10 | | will not be paid by the depository
shall be guilty of a |
11 | | deceptive practice in violation of Section 17-1 of the
Criminal |
12 | | Code of 2012.
|
13 | | Any seller who collects or attempts to collect use tax |
14 | | measured by
receipts which such seller knows are not subject to |
15 | | use tax, or any seller
who knowingly over-collects or attempts |
16 | | to over-collect use tax in a
transaction which is subject to |
17 | | the tax that is imposed by this Act, shall
be guilty of a Class |
18 | | 4 felony for each such offense. This paragraph
does not apply |
19 | | to an amount collected by the seller as use tax on receipts
|
20 | | which are subject to tax under this Act as long as such |
21 | | collection is made
in compliance with the tax collection |
22 | | brackets prescribed by the Department
in its Rules and |
23 | | Regulations.
|
24 | | Any taxpayer or agent of a taxpayer who with the intent to |
25 | | defraud
purports to make a payment due to the Department by |
26 | | issuing or delivering a
check or other order upon a real or |
|
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|
1 | | fictitious depository for the payment
of money, knowing that it |
2 | | will not be paid by the depository, shall be
guilty of a |
3 | | deceptive practice in violation of Section 17-1 of the Criminal
|
4 | | Code of 2012.
|
5 | | Any person who knowingly sells, purchases, installs, |
6 | | transfers, possesses, uses, or accesses any automated sales |
7 | | device, zapper, or phantom-ware in this State is guilty of a |
8 | | Class 3 felony. |
9 | | For the purposes of this Section: |
10 | | "Automated sales suppression device" or "zapper" means a |
11 | | software program that falsifies the electronic records of an |
12 | | electronic cash register or other point-of-sale system, |
13 | | including, but not limited to, transaction data and transaction |
14 | | reports. The term includes the software program, any device |
15 | | that carries the software program, or an Internet link to the |
16 | | software program. |
17 | | "Phantom-ware" means a hidden programming option embedded |
18 | | in the operating system of an electronic cash register or |
19 | | hardwired into an electronic cash register that can be used to |
20 | | create a second set of records or that can eliminate or |
21 | | manipulate transaction records in an electronic cash register. |
22 | | "Electronic cash register" means a device that keeps a |
23 | | register or supporting documents through the use of an |
24 | | electronic device or computer system designed to record |
25 | | transaction data for the purpose of computing, compiling, or |
26 | | processing retail sales transaction data in any manner. |
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1 | | "Transaction data" includes: items purchased by a |
2 | | customer; the price of each item; a taxability determination |
3 | | for each item; a segregated tax amount for each taxed item; the |
4 | | amount of cash or credit tendered; the net amount returned to |
5 | | the customer in change; the date and time of the purchase; the |
6 | | name, address, and identification number of the vendor; and the |
7 | | receipt or invoice number of the transaction. |
8 | | "Transaction report" means a report that documents, |
9 | | without limitation, the sales, taxes, or fees collected, media |
10 | | totals, and discount voids at an electronic cash register and |
11 | | that is printed on a cash register tape and the end of a day or |
12 | | shift, or a report that documents every action at an electronic |
13 | | cash register and is stored electronically. |
14 | | A prosecution for any act in violation of this Section may |
15 | | be commenced
at any time within 3 years of the commission of |
16 | | that Act.
|
17 | | This Section does not apply if the violation in a |
18 | | particular case also
constitutes a criminal violation of the |
19 | | Retailers' Occupation Tax Act.
|
20 | | (Source: P.A. 97-1150, eff. 1-25-13.)
|
21 | | Section 10. The Service Use Tax Act is amended by changing |
22 | | Section 15 as follows:
|
23 | | (35 ILCS 110/15) (from Ch. 120, par. 439.45)
|
24 | | Sec. 15.
When the amount due is under $300, any person |
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1 | | subject to
the provisions hereof who fails to file a
return, or |
2 | | who violates any other provision of Section 9 or Section 10 |
3 | | hereof,
or who fails to keep books and records as required |
4 | | herein, or who files a
fraudulent return, or who wilfully |
5 | | violates any Rule or Regulation of the
Department for the |
6 | | administration and enforcement of the provisions hereof,
or any |
7 | | officer or agent of a corporation, or manager, member, or agent |
8 | | of a
limited liability company, subject hereto who signs a |
9 | | fraudulent return filed
on behalf of such corporation or |
10 | | limited liability company, or any accountant
or other agent who |
11 | | knowingly enters false information on the return of any
|
12 | | taxpayer under this Act, or any person who violates any of the |
13 | | provisions
of Sections 3 and 5 hereof, or any purchaser who |
14 | | obtains a registration
number or resale number from the |
15 | | Department through misrepresentation, or
who represents to a |
16 | | seller that such purchaser has a registration number or
a |
17 | | resale number from the Department when he knows that he does |
18 | | not, or who
uses his registration number or resale number to |
19 | | make a seller believe that
he is buying tangible personal |
20 | | property for resale when such purchaser in
fact knows that this |
21 | | is not the case, is guilty of a Class 4 felony.
|
22 | | Any person who violates any provision of Section 6 hereof, |
23 | | or who
engages in the business of making sales of service after |
24 | | his Certificate of
Registration under this Act has been revoked |
25 | | in accordance with Section 12
of this Act, is guilty of a Class |
26 | | 4 felony. Each day any such person
is engaged in business in |
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1 | | violation of Section 6, or after his Certificate of
|
2 | | Registration under this Act has been revoked, constitutes a |
3 | | separate offense.
|
4 | | When the amount due is under $300, any person who accepts |
5 | | money that
is due to the Department under this Act from a |
6 | | taxpayer for the purpose of
acting as the taxpayer's agent to |
7 | | make the payment to the Department, but who
fails to remit such |
8 | | payment to the Department when due is guilty of a Class 4
|
9 | | felony. Any such person who purports to make such payment by |
10 | | issuing or
delivering a check or other order upon a real or |
11 | | fictitious depository for the
payment of money, knowing that it |
12 | | will not be paid by the depository, shall be
guilty of a |
13 | | deceptive practice in violation of Section 17-1 of the Criminal
|
14 | | Code of 2012.
|
15 | | When the amount due is $300 or more, any person subject to |
16 | | the
provisions hereof who fails to file a return, or who |
17 | | violates any other
provision of Section 9 or Section 10 hereof, |
18 | | or who fails to keep books and
records as required herein or |
19 | | who files a fraudulent return, or who
willfully violates any |
20 | | rule or regulation of the Department for the
administration and |
21 | | enforcement of the provisions hereof, or any officer or
agent |
22 | | of a corporation, or manager, member, or agent of a limited |
23 | | liability
company, subject hereto who signs a fraudulent return |
24 | | filed on behalf of such
corporation or limited liability |
25 | | company, or any accountant or other agent who
knowingly enters |
26 | | false information on the return of any taxpayer under this
Act, |
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1 | | or any person who violates any of the provisions of Sections 3 |
2 | | and 5
hereof, or any purchaser who obtains a registration |
3 | | number or resale number
from the Department through |
4 | | misrepresentation, or who represents to a
seller that such |
5 | | purchaser has a registration number or a resale number
from the |
6 | | Department when he knows that he does not, or who uses his
|
7 | | registration number or resale number to make a seller believe |
8 | | that he is buying tangible personal property for resale when |
9 | | such purchaser in
fact knows that this is not the case, is |
10 | | guilty of a Class 3 felony.
|
11 | | When the amount due is $300 or more, any person who accepts |
12 | | money that is
due to the Department under this Act from a |
13 | | taxpayer for the purpose of
acting as the taxpayer's agent to |
14 | | make the payment to the Department, but
who fails to remit such |
15 | | payment to the Department when due is guilty of a
Class 3 |
16 | | felony. Any such person who purports to make such payment by
|
17 | | issuing or delivering a check or other order upon a real or |
18 | | fictitious
depository for the payment of money, knowing that it |
19 | | will not be paid by
the depository, shall be guilty of a |
20 | | deceptive practice in violation of
Section 17-1 of the Criminal |
21 | | Code of 2012.
|
22 | | Any serviceman who collects or attempts to collect Service |
23 | | Use Tax
measured by receipts or selling prices which such |
24 | | serviceman knows are not
subject to Service Use Tax, or any |
25 | | serviceman who knowingly over-collects
or attempts to |
26 | | over-collect Service Use Tax in a transaction which is
subject |
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1 | | to the tax that is imposed by this Act, shall be guilty of a
|
2 | | Class 4 felony for each offense. This paragraph does not apply |
3 | | to an amount
collected by the serviceman as Service Use Tax on |
4 | | receipts or selling prices
which are subject to tax under this |
5 | | Act as long as such collection is made
in compliance with the |
6 | | tax collection brackets prescribed by the Department
in its |
7 | | Rules and Regulations.
|
8 | | Any taxpayer or agent of a taxpayer who with the intent to |
9 | | defraud
purports to make a payment due to the Department by |
10 | | issuing or delivering a
check or other order upon a real or |
11 | | fictitious depository for the payment
of money, knowing that it |
12 | | will not be paid by the depository, shall be
guilty of a |
13 | | deceptive practice in violation of Section 17-1 of the Criminal
|
14 | | Code of 2012.
|
15 | | Any person who knowingly sells, purchases, installs, |
16 | | transfers, possesses, uses, or accesses any automated sales |
17 | | device, zapper, or phantom-ware in this State is guilty of a |
18 | | Class 3 felony. |
19 | | For the purposes of this Section: |
20 | | "Automated sales suppression device" or "zapper" means a |
21 | | software program that falsifies the electronic records of an |
22 | | electronic cash register or other point-of-sale system, |
23 | | including, but not limited to, transaction data and transaction |
24 | | reports. The term includes the software program, any device |
25 | | that carries the software program, or an Internet link to the |
26 | | software program. |
|
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|
1 | | "Phantom-ware" means a hidden programming option embedded |
2 | | in the operating system of an electronic cash register or |
3 | | hardwired into an electronic cash register that can be used to |
4 | | create a second set of records or that can eliminate or |
5 | | manipulate transaction records in an electronic cash register. |
6 | | "Electronic cash register" means a device that keeps a |
7 | | register or supporting documents through the use of an |
8 | | electronic device or computer system designed to record |
9 | | transaction data for the purpose of computing, compiling, or |
10 | | processing retail sales transaction data in any manner. |
11 | | "Transaction data" includes: items purchased by a |
12 | | customer; the price of each item; a taxability determination |
13 | | for each item; a segregated tax amount for each taxed item; the |
14 | | amount of cash or credit tendered; the net amount returned to |
15 | | the customer in change; the date and time of the purchase; the |
16 | | name, address, and identification number of the vendor; and the |
17 | | receipt or invoice number of the transaction. |
18 | | "Transaction report" means a report that documents, |
19 | | without limitation, the sales, taxes, or fees collected, media |
20 | | totals, and discount voids at an electronic cash register and |
21 | | that is printed on a cash register tape and the end of a day or |
22 | | shift, or a report that documents every action at an electronic |
23 | | cash register and is stored electronically. |
24 | | A prosecution for any Act in violation of this Section may |
25 | | be commenced
at any time within 3 years of the commission of |
26 | | that Act.
|
|
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1 | | This Section does not apply if the violation in a |
2 | | particular case also
constitutes a criminal violation of the |
3 | | Retailers' Occupation Tax Act, the
Use Tax Act or the Service |
4 | | Occupation Tax Act.
|
5 | | (Source: P.A. 97-1150, eff. 1-25-13.)
|
6 | | Section 15. The Service Occupation Tax Act is amended by |
7 | | changing Section 15 as follows:
|
8 | | (35 ILCS 115/15) (from Ch. 120, par. 439.115)
|
9 | | Sec. 15.
When the amount due is under $300, any person |
10 | | subject to the
provisions hereof who fails to file a return, or |
11 | | who violates any other
provision of Section 9 or Section 10 |
12 | | hereof, or who fails to keep books and
records as required |
13 | | herein, or who files a fraudulent return, or who wilfully
|
14 | | violates any Rule or Regulation of the Department for the |
15 | | administration and
enforcement of the provisions hereof, or any |
16 | | officer or agent of a corporation,
or manager, member, or agent |
17 | | of a limited liability company, subject hereto who
signs a |
18 | | fraudulent return filed on behalf of such corporation or |
19 | | limited
liability company, or any accountant or other agent who |
20 | | knowingly enters false
information on the return of any |
21 | | taxpayer under this Act, or any person who
violates any of the |
22 | | provisions of Sections 3, 5 or 7 hereof, or any purchaser
who |
23 | | obtains a registration number or resale number from the |
24 | | Department through
misrepresentation, or who represents to a |
|
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1 | | seller that such purchaser has a
registration number or a |
2 | | resale number from the Department when he knows that
he does |
3 | | not, or who uses his registration number or resale number to |
4 | | make a
seller believe that he is buying tangible personal |
5 | | property for resale when
such purchaser in fact knows that this |
6 | | is not the case, is guilty of a Class 4
felony.
|
7 | | Any person who violates any provision of Section 6 hereof, |
8 | | or who
engages in the business of making sales of service after |
9 | | his Certificate of
Registration under this Act has been revoked |
10 | | in accordance with Section 12
of this Act, is guilty of a Class |
11 | | 4 felony. Each day any such person
is engaged in business in |
12 | | violation of Section 6, or after his Certificate of
|
13 | | Registration under this Act has been revoked, constitutes a |
14 | | separate offense.
|
15 | | When the amount due is under $300, any person who accepts |
16 | | money that
is due to the Department under this Act from a |
17 | | taxpayer for the purpose of
acting as the taxpayer's agent to |
18 | | make the payment to the Department, but
who fails to remit such |
19 | | payment to the Department when due is guilty of a
Class 4 |
20 | | felony. Any such person who purports to make such payment by
|
21 | | issuing or delivering a check or other order upon a real or |
22 | | fictitious
depository for the payment of money, knowing that it |
23 | | will not be paid by
the depository, shall be guilty of a |
24 | | deceptive practice in violation of
Section 17-1 of the Criminal |
25 | | Code of 2012.
|
26 | | When the amount due is $300 or more, any person subject to |
|
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1 | | the
provisions hereof who fails to file a return, or who |
2 | | violates any other
provision of Section 9 or Section 10 hereof, |
3 | | or who fails to keep books and
records as required herein, or |
4 | | who files a fraudulent return, or who
wilfully violates any |
5 | | rule or regulation of the Department for the
administration and |
6 | | enforcement of the provisions hereof, or any officer or
agent |
7 | | of a corporation, or manager, member, or agent of a limited |
8 | | liability
company, subject hereto who signs a fraudulent return |
9 | | filed on behalf of such
corporation or limited liability |
10 | | company, or any accountant or other agent who
knowingly enters |
11 | | false information on the return of any taxpayer under this
Act, |
12 | | or any person who violates any of the provisions of Sections 3, |
13 | | 5 or 7
hereof, or any purchaser who obtains a registration |
14 | | number or resale number
from the Department through |
15 | | misrepresentation, or who represents to
a seller that such |
16 | | purchaser has a registration number or a resale number
from the |
17 | | Department when he knows that he does not, or who uses his
|
18 | | registration number or resale number to make a seller believe |
19 | | that he is
buying tangible personal property for resale when |
20 | | such purchaser in fact
knows that this is not the case, is |
21 | | guilty of a Class 3 felony.
|
22 | | When the amount due is $300 or more, any person who accepts |
23 | | money that is
due to the Department under this Act from a |
24 | | taxpayer for the purpose of
acting as the taxpayer's agent to |
25 | | make the payment to the
Department but who fails to remit such |
26 | | payment to the Department when due
is guilty of a Class 3 |
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1 | | felony. Any such person who purports to make such
payment by |
2 | | issuing or delivering a check or other order upon a real or
|
3 | | fictitious depository for the payment of money, knowing that it |
4 | | will not be
paid by the depository shall be guilty of a |
5 | | deceptive practice in violation
of Section 17-1 of the Criminal |
6 | | Code of 2012.
|
7 | | Any serviceman who collects or attempts to collect Service |
8 | | Occupation Tax,
measured by receipts which such serviceman |
9 | | knows are not subject to Service
Occupation Tax, or any |
10 | | serviceman who collects or attempts to collect an
amount |
11 | | (however designated) which purports to reimburse such |
12 | | serviceman for
Service Occupation Tax liability measured by |
13 | | receipts or selling prices which
such serviceman knows are not |
14 | | subject to Service Occupation Tax, or any
serviceman who |
15 | | knowingly over-collects or attempts to
over-collect Service |
16 | | Occupation Tax or an amount purporting to be
reimbursement for |
17 | | Service Occupation Tax liability in a transaction which
is |
18 | | subject to the tax that is imposed by this Act, shall be guilty |
19 | | of a
Class 4 felony for each such offense. This paragraph does |
20 | | not apply to an
amount collected by the serviceman as |
21 | | reimbursement for the serviceman's
Service Occupation Tax |
22 | | liability on receipts or selling prices which are
subject to |
23 | | tax under this Act, as long as such collection is made in
|
24 | | compliance with the tax collection brackets prescribed by the |
25 | | Department in
its Rules and Regulations.
|
26 | | Any person who knowingly sells, purchases, installs, |
|
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|
|
1 | | transfers, possesses, uses, or accesses any automated sales |
2 | | device, zapper, or phantom-ware in this State is guilty of a |
3 | | Class 3 felony. |
4 | | For the purposes of this Section: |
5 | | "Automated sales suppression device" or "zapper" means a |
6 | | software program that falsifies the electronic records of an |
7 | | electronic cash register or other point-of-sale system, |
8 | | including, but not limited to, transaction data and transaction |
9 | | reports. The term includes the software program, any device |
10 | | that carries the software program, or an Internet link to the |
11 | | software program. |
12 | | "Phantom-ware" means a hidden programming option embedded |
13 | | in the operating system of an electronic cash register or |
14 | | hardwired into an electronic cash register that can be used to |
15 | | create a second set of records or that can eliminate or |
16 | | manipulate transaction records in an electronic cash register. |
17 | | "Electronic cash register" means a device that keeps a |
18 | | register or supporting documents through the use of an |
19 | | electronic device or computer system designed to record |
20 | | transaction data for the purpose of computing, compiling, or |
21 | | processing retail sales transaction data in any manner. |
22 | | "Transaction data" includes: items purchased by a |
23 | | customer; the price of each item; a taxability determination |
24 | | for each item; a segregated tax amount for each taxed item; the |
25 | | amount of cash or credit tendered; the net amount returned to |
26 | | the customer in change; the date and time of the purchase; the |
|
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1 | | name, address, and identification number of the vendor; and the |
2 | | receipt or invoice number of the transaction. |
3 | | "Transaction report" means a report that documents, |
4 | | without limitation, the sales, taxes, or fees collected, media |
5 | | totals, and discount voids at an electronic cash register and |
6 | | that is printed on a cash register tape and the end of a day or |
7 | | shift, or a report that documents every action at an electronic |
8 | | cash register and is stored electronically. |
9 | | A prosecution for any act in violation of this Section may |
10 | | be commenced
at any time within 3 years of the commission of |
11 | | that act.
|
12 | | This Section does not apply if the violation in a |
13 | | particular case also
constitutes a criminal violation of the |
14 | | Retailers' Occupation Tax Act or
the Use Tax Act.
|
15 | | (Source: P.A. 97-1150, eff. 1-25-13.)
|
16 | | Section 20. The Retailers' Occupation Tax Act is amended by |
17 | | changing Section 13 as follows:
|
18 | | (35 ILCS 120/13) (from Ch. 120, par. 452)
|
19 | | Sec. 13. Criminal penalties. |
20 | | (a) When the amount due is under $300, any person engaged
|
21 | | in the business of selling tangible personal property at retail |
22 | | in this
State who fails to file a return, or who files a |
23 | | fraudulent return, or
any officer, employee or agent of a |
24 | | corporation, member, employee or
agent of a partnership, or |
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1 | | manager, member, agent, or employee of a limited
liability |
2 | | company engaged in the business of selling tangible personal
|
3 | | property at retail in this State who, as such officer, |
4 | | employee, agent,
manager, or member is under a duty to file a |
5 | | return, or any officer, agent or
employee of a corporation, |
6 | | member, agent, or employee of a partnership, or
manager, |
7 | | member, agent, or employee of a limited liability company |
8 | | engaged in
the business of selling tangible personal property |
9 | | at retail in this State who
files or causes to be filed or |
10 | | signs or causes to be signed a fraudulent
return filed on |
11 | | behalf of such corporation or limited liability company, or
any |
12 | | accountant or other agent who knowingly enters false |
13 | | information on the
return of any taxpayer under this Act, is |
14 | | guilty of a Class 4 felony.
|
15 | | Any person who or any officer or director of any |
16 | | corporation, partner or
member of any partnership, or manager |
17 | | or member of a limited liability company
that: (a) violates |
18 | | Section 2a of this Act or (b) fails to keep books and
records, |
19 | | or fails to produce books and records as required by Section 7 |
20 | | or (c)
willfully violates a rule or regulation of the |
21 | | Department for the
administration and enforcement of this Act |
22 | | is guilty of a Class A misdemeanor.
Any person, manager or |
23 | | member of a limited liability company, or officer or
director |
24 | | of any corporation who engages in the business of selling |
25 | | tangible
personal property at retail after the certificate of |
26 | | registration of that
person, corporation, limited liability |
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1 | | company, or partnership has been revoked
is guilty of a Class A |
2 | | misdemeanor. Each day such person, corporation, or
partnership |
3 | | is engaged in business without a certificate of registration or
|
4 | | after the certificate of registration of that person, |
5 | | corporation, or
partnership has been revoked constitutes a |
6 | | separate offense.
|
7 | | Any purchaser who obtains a registration number or resale |
8 | | number from
the Department through misrepresentation, or who |
9 | | represents to a seller
that such purchaser has a registration |
10 | | number or a resale number from the
Department when he knows |
11 | | that he does not, or who uses his registration
number or resale |
12 | | number to make a seller believe that he is buying tangible
|
13 | | personal property for resale when such purchaser in fact knows |
14 | | that this is
not the case is guilty of a Class 4 felony.
|
15 | | Any distributor, supplier or other reseller of motor fuel |
16 | | registered
pursuant to Section 2a or 2c of this Act who fails |
17 | | to collect the prepaid
tax on invoiced gallons of motor fuel |
18 | | sold or who fails to deliver a statement
of tax paid to the |
19 | | purchaser or to the Department as required by Sections
2d and |
20 | | 2e of this Act, respectively, shall be guilty of a Class A |
21 | | misdemeanor
if the amount due is under $300, and a Class 4 |
22 | | felony if the amount due
is $300 or more.
|
23 | | When the amount due is under $300, any person who accepts |
24 | | money
that is due to the Department under this Act from a |
25 | | taxpayer for the purpose of
acting as the taxpayer's agent to |
26 | | make the payment to the Department, but who
fails to remit such |
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1 | | payment to the Department when due is guilty of a Class 4
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2 | | felony.
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3 | | Any seller who collects or attempts to collect an amount |
4 | | (however
designated) which purports to reimburse such seller |
5 | | for retailers'
occupation tax liability measured by receipts |
6 | | which such seller knows are
not subject to retailers' |
7 | | occupation tax, or any seller who knowingly
over-collects or |
8 | | attempts to over-collect an amount purporting to reimburse
such |
9 | | seller for retailers' occupation tax liability in a transaction |
10 | | which
is subject to the tax that is imposed by this Act, shall |
11 | | be guilty of a
Class 4 felony for each such offense. This |
12 | | paragraph does not apply to
an amount collected by the seller |
13 | | as reimbursement for the seller's
retailers' occupation tax |
14 | | liability on receipts which are subject to tax
under this Act |
15 | | as long as such collection is made in compliance with the
tax |
16 | | collection brackets prescribed by the Department in its Rules |
17 | | and
Regulations.
|
18 | | When the amount due is $300 or more, any person engaged in |
19 | | the business
of selling tangible personal property at retail in |
20 | | this State who fails
to file a return, or who files a |
21 | | fraudulent return, or any officer, employee
or agent of a |
22 | | corporation, member, employee or agent of a partnership, or
|
23 | | manager, member, agent, or employee of a limited liability |
24 | | company engaged in
the business of selling tangible personal |
25 | | property at retail in this State who,
as such officer, |
26 | | employee, agent, manager, or member is under a duty to file a
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1 | | return and who fails to file such return or any officer, agent, |
2 | | or employee of
a corporation, member, agent or employee of a |
3 | | partnership, or manager, member,
agent, or employee of a |
4 | | limited liability company engaged in the business of
selling |
5 | | tangible personal property at retail in this State who files or |
6 | | causes
to be filed or signs or causes to be signed a fraudulent |
7 | | return filed on behalf
of such corporation or limited liability |
8 | | company, or any accountant or other
agent who knowingly enters |
9 | | false information on the return of any taxpayer
under this Act |
10 | | is guilty of a Class 3 felony.
|
11 | | When the amount due is $300 or more, any person engaged in |
12 | | the business
of selling tangible personal property at retail in |
13 | | this State who accepts
money that is due to the Department |
14 | | under this
Act from a taxpayer for the purpose of acting as the |
15 | | taxpayer's agent to
make payment to the Department but fails to |
16 | | remit such payment to the
Department when due, is guilty of a |
17 | | Class 3 felony.
|
18 | | Any person whose principal place of business is in this |
19 | | State and
who is charged with a violation under this Section |
20 | | shall be
tried in the county where his principal place of |
21 | | business is
located unless he asserts a right to be tried in |
22 | | another venue.
|
23 | | Any taxpayer or agent of a taxpayer who with the intent to |
24 | | defraud
purports to make a payment due to the Department by |
25 | | issuing or delivering a
check or other order upon a real or |
26 | | fictitious depository for the payment
of money, knowing that it |
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1 | | will not be paid by the depository, shall be
guilty of a |
2 | | deceptive practice in violation of Section 17-1 of the Criminal
|
3 | | Code of 2012.
|
4 | | (b) A person commits the offense of sales tax evasion under |
5 | | this Act when he knowingly attempts in any manner to evade or |
6 | | defeat the tax imposed on him or on any other person, or the |
7 | | payment thereof, and he commits an affirmative act in |
8 | | furtherance of the evasion. For purposes of this Section, an |
9 | | "affirmative act in furtherance of the evasion" means an act |
10 | | designed in whole or in part to (i) conceal, misrepresent, |
11 | | falsify, or manipulate any material fact or (ii) tamper with or |
12 | | destroy documents or materials related to a person's tax |
13 | | liability under this Act. Two or more acts of sales tax evasion |
14 | | may be charged as a single count in any indictment, |
15 | | information, or complaint and the amount of tax deficiency may |
16 | | be aggregated for purposes of determining the amount of tax |
17 | | which is attempted to be or is evaded and the period between |
18 | | the first and last acts may be alleged as the date of the |
19 | | offense. |
20 | | (1) When the amount of tax, the assessment or payment |
21 | | of which is attempted to be or is evaded is less than $500 |
22 | | a person is guilty of a Class 4 felony. |
23 | | (2) When the amount of tax, the assessment or payment |
24 | | of which is attempted to be or is evaded is $500 or more |
25 | | but less than $10,000, a person is guilty of a Class 3 |
26 | | felony. |
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1 | | (3) When the amount of tax, the assessment or payment |
2 | | of which is attempted to be or is evaded is $10,000 or more |
3 | | but less than $100,000, a person is guilty of a Class 2 |
4 | | felony. |
5 | | (4) When the amount of tax, the assessment or payment |
6 | | of which is attempted to be or is evaded is $100,000 or |
7 | | more, a person is guilty of a Class 1 felony. |
8 | | Any person who knowingly sells, purchases, installs, |
9 | | transfers, possesses, uses, or accesses any automated sales |
10 | | device, zapper, or phantom-ware in this State is guilty of a |
11 | | Class 3 felony. |
12 | | For the purposes of this Section: |
13 | | "Automated sales suppression device" or "zapper" means a |
14 | | software program that falsifies the electronic records of an |
15 | | electronic cash register or other point-of-sale system, |
16 | | including, but not limited to, transaction data and transaction |
17 | | reports. The term includes the software program, any device |
18 | | that carries the software program, or an Internet link to the |
19 | | software program. |
20 | | "Phantom-ware" means a hidden programming option embedded |
21 | | in the operating system of an electronic cash register or |
22 | | hardwired into an electronic cash register that can be used to |
23 | | create a second set of records or that can eliminate or |
24 | | manipulate transaction records in an electronic cash register. |
25 | | "Electronic cash register" means a device that keeps a |
26 | | register or supporting documents through the use of an |
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1 | | electronic device or computer system designed to record |
2 | | transaction data for the purpose of computing, compiling, or |
3 | | processing retail sales transaction data in any manner. |
4 | | "Transaction data" includes: items purchased by a |
5 | | customer; the price of each item; a taxability determination |
6 | | for each item; a segregated tax amount for each taxed item; the |
7 | | amount of cash or credit tendered; the net amount returned to |
8 | | the customer in change; the date and time of the purchase; the |
9 | | name, address, and identification number of the vendor; and the |
10 | | receipt or invoice number of the transaction. |
11 | | "Transaction report" means a report that documents, |
12 | | without limitation, the sales, taxes, or fees collected, media |
13 | | totals, and discount voids at an electronic cash register and |
14 | | that is printed on a cash register tape and the end of a day or |
15 | | shift, or a report that documents every action at an electronic |
16 | | cash register and is stored electronically. |
17 | | (c) A prosecution for any act in violation of this Section |
18 | | may be commenced
at any time within 5 years of the commission |
19 | | of that act.
|
20 | | (Source: P.A. 97-1074, eff. 1-1-13; 97-1150, eff. 1-25-13.)".
|