Effective June 28, 2024
PIO-101 (R-06/24) Printed by authority of the state of Illinois, electronic only, one copy. Page 1 of 33
Illinois Sales & Use Tax Matrix
Index
Illinois Department of Revenue
Page
Introduction ........................................................................................................................................................................... 2
Retailer Types, Tax Collection Obligations, and Key Dates .............................................................................................. 2
Taxability of Tangible Personal Property ............................................................................................................................ 3
High Rate of Tax
Low Rate of Tax
Local Taxes and Tax Rate Finder
Illinois Sales & Use Tax Matrix Common Transactions .................................................................................................. 4
Illinois Sales & Use Tax Matrix Special Situations and Exemptions ............................................................................. 21
Illinois Sales & Use Tax Matrix References to Other Taxes and Returns ..................................................................... 31
The information in this document is current as of the effective date listed. The contents of this document are informational only and do not
take the place of statutes, rules and regulations, or court decisions.
Effective June 28, 2024
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**To determine the effective rate of tax for a specific location, use the Tax Rate Finder.
Illinois Sales & Use Tax Matrix
Introduction
In Illinois, occupation and use taxes are collectively referred to as “sales tax.” The RetailersOccupation Tax Act imposes a tax upon persons engaged in this State in the
business of selling tangible personal property at retail to purchasers for use or consumption. 35 ILCS 120/1, et seq.; 86 Ill. Adm. Code 130/101 et seq. T
he Use Tax Act
imposes use tax on the privilege of using, in this State, any kind of tangible personal property purchased anywhere at retail from a retailer. 35 ILCS 105/1, et seq.; 86 Ill.
Adm. Code 150.101 et seq. In addition to the state RetailersOccupation tax, local retailers’ occupation taxes are authorized by statute and administered by the Illinois
Department of Revenue (“IDOR”). There are, however, no local use taxes on general merchandise administered by IDOR.
Retailer Types, Tax Collection Obligations, and Key Dates
A “retailer maintaining a place of business in this State,” that is located outside of this State and that has nexus, is required to register with IDOR to collect and remit use
tax on purchases made by Illinois purchasers.
Until October 1, 2018, an out of state retailer established nexus through a physical presence in Illinois (see 35 ILCS 105/2).
Effective October 1, 2018, and through December 31, 2020, out of state retailers without a physical presence meeting certain economic or transactional
thresholds fell within the definition of a “retailer maintaining a place of business in this state” and were required to register with IDOR to collect and remit Illinois
Use Tax on sales to Illinois purchasers (see Public Act 100-0587 and 86 Ill. Adm. Code 150.803).
Effective January 1, 2020, through December 31, 2020, a marketplace facilitator meeting certain economic or transactional thresholds fell within the definition
of a “retailer maintaining a place of business in the state” and was required to register as a marketplace facilitator with IDOR to collect and remit Illinois Use Tax
on sales to Illinois purchasers made through the marketplace on behalf of marketplace sellers and on its own sales (see Public Acts 101-0009 and 101-0604
and 86 Ill. Adm. Code 150.804). If a marketplace facilitator, marketplace seller, or out of state retailer makes sales to Illinois purchasers from inventory in Illinois
or otherwise engages in the occupation of selling tangible personal property in Illinois, then they will be required to remit Illinois Retailers’ Occupation Tax (ROT)
and applicable local retailers’ occupation taxes on those sales.
Effective January 1, 2021, Public Acts 101-31 and 101-604 (Leveling the Playing Field for Illinois Retail Act) implemented a series of structural changes to the
Illinois sales tax laws that changed the liabilities of many types of retailers, as follows:
o R
emote retailers (i.e., retailers with no physical presence in Illinois) who meet certain economic or transactional thresholds incur state and local
retailers’ occupation tax using destination sourcing for sales made to Illinois purchasers. A marketplace seller that makes sales over a marketplace that
meets either of the tax remittance thresholds and makes sales outside of that marketplace may also be considered a remote retailer.
o Marketplace facilitators incur state and local retailers’ occupation tax using destination sourcing for sales made over the marketplace on behalf of
marketplace sellers to Illinois purchasers.
o Marketplace facilitators incur state and local retailers’ occupation tax using origin sourcing for their own sales that are either fulfilled from inventory
located in Illinois or for which selling activities otherwise occur in Illinois (see 86 Ill. Adm. Code 270.115
) and they incur state and local retailers'
occupation tax using destination sourcing for all of its other sales.
o O
ut-of-state sellers with a physical presence in Illinois incur a use tax collection obligation for sales they make outside Illinois and ship or deliver to
Illinois purchasers. However, these sellers incur state and local retailers’ occupation taxes using origin sourcing for sales for which their selling
activities occur in Illinois (see 86 Ill. Adm. Code 270.115
). If such sellers also make sales over a marketplace, they are considered marketplace sellers
and the marketplace facilitator will incur state and local retailers’ occupation tax liability based on destination sourcing for these sales.
o I
llinois retailers, including brick and mortar retailers, incur no state or local retailers’ occupation taxes for sales made over a marketplace when the
marketplace facilitator assumes the state and local retailers’ occupation tax liability based on destination sourcing.
o Illinois retailers, including brick and mortar retailers, incur state and local retailers’ occupation taxes based on origin sourcing for sales made in Illinois.
Effective June 28, 2024
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**To determine the effective rate of tax for a specific location, use the Tax Rate Finder.
Illinois Sales & Use Tax Matrix
Taxability of Tangible Personal Property
In using this matrix, the presumption is that tangible personal property is taxable unless there is an exemption. Most of the exemptions from tax are use-based (e.g.,
conditioned on the purchaser using the tangible personal property in a specific manner). A few items are exempt based on the nature of product (e.g., feminine hygiene
products). Other exemptions are based on the status of the purchaser (e.g., charitable, religious, and educational organizations). Purchasers claiming a use-based
exemption must provide the retailer with required documentation. Status-based exemptions must be documented by providing the retailer with an exemption identification
number (“E-number”) issued by IDOR to the exempt entity.
High Rate of Tax
Illinois has two tax rates. The rate for general merchandise is 6.25% (high rate).
Low Rate of Tax
The preferential rate for qualifying food, drugs, and medical appliances is 1% (low rate).
Local Taxes and Tax Rate Finder
There are numerous locally imposed retailers’ occupation taxes on general merchandise administered by IDOR. The only locally imposed retailers’ occupation taxes on
qualifying food, drugs, and medical appliances administered by IDOR are in transportation districts. There are no local use taxes on general merchandise administered
by IDOR. Tax rates are subject to change twice a year on January 1 and July 1. To determine the effective rate of tax for a specific location, use the Tax Rate Finder
.
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**To determine the effective rate of tax for a specific location, use the Tax Rate Finder.
Illinois Sales & Use Tax Matrix Common Transactions
Common Transactions
ID*
Taxable
Rate**
Explanation
References
1001
Farm machinery and
equipment
Exempt
Exempt when used primarily (more than 50% of the time) in production
agriculture, see regulation. Valid exemption certificate is required. See
Form
ST-587, Equipment Exemption Certificate.
86 Ill. Adm.
Code
130.305
1002
Food, sold for consumption
off the premisesexcluding
candy, soft drinks,
cannabis-infused foods,
and alcohol
Taxable Low Rate
With respect to food for human consumption that is to be consumed off the
premises where it is sold (other than alcoholic beverages, food consisting of or
infused with adult use cannabis, soft drinks, candy and food that has been
prepared for immediate consumption), the tax is imposed at the rate of 1%
(low rate).
Food sold for consumption off the premises includes grocery items and
packaged foods but does not include candy (see ID 1003), soft drinks (see ID
1004), cannabis-infused foods (see ID 1002.2), and alcohol (see ID 1008).
Most food prepared to order for takeout or delivery does not qualify for the low
rate (see ID 1002.1).
86 Ill. Adm.
Code
130.310
and
130.1905
1002.1
Food, sold for consumption
on the premises/immediate
consumption
Taxable High Rate
Food sold for consumption on the premises or for immediate consumption
includes, but is not limited to, the following: all hot foods, most food prepared
to a customer order, drinks prepared for individual consumption, including
such food sold for takeout or delivery. Most grocery delivery items qualify for
the low rate (see ID 1002).
86 Ill. Adm.
Code
130.310
1002.2
Adult use cannabis and
cannabis-infused foods
Taxable High Rate
The reduced rate does not extend to adult use cannabis or food consisting of
or infused with adult use cannabis. All adult use cannabis (e.g., cannabis
flower, concentrate, cannabis-infused products) is taxed at the high rate.
86 Ill. Adm.
Code
130.310
1003 Candy
Taxable High Rate
Candy is defined as a preparation of sugar, honey, or other natural or artificial
sweeteners in combination with chocolate, fruits, nuts, or other ingredients or
flavorings in the form of bars, drops, or pieces. Candydoes not include any
preparation that contains flour or requires refrigeration.
86 Ill. Adm.
Code
130.310
1004 Soft drinks Taxable High Rate
Soft drinks are defined as nonalcoholic beverages that contain natural or
artificial sweeteners. Soft drinksdo not include beverages that contain milk or
milk products, soy, rice, or similar milk substitutes, or greater than 50% of
vegetable or fruit juice by volume.
86 Ill. Adm.
Code
130.310
1005 Drop shipments
Taxable
A retailer having tangible personal property drop shipped from a supplier to an
Illinois purchaser would be required to remit tax from that Illinois purchaser.
Retailers must provide a valid Certificate of Resale (Form CRT-61) to their
Illinois suppliers to document purchases for resale. See regulation for further
information regarding documentation.
86 Ill. Adm.
Code
130.225
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**To determine the effective rate of tax for a specific location, use the Tax Rate Finder.
Common Transactions
ID*
Description
Taxable
Rate**
Explanation
References
1006
Tangible personal property
sold for resale
Non-
Taxable
The sale of tangible personal property to a purchaser for the purpose of resale
in any form as tangible personal property, to the extent not first subjected to a
use for which it was purchased, is not subject to tax. Such sales for resale
cannot be made tax-free unless the purchaser (except in the case of an out-of-
state purchaser who will always resell and deliver the property to purchasers
outside Illinois) has an active registration number or active resale number from
IDOR and gives such number to suppliers in connection with certifying to any
supplier that any sale to such purchaser is nontaxable because of being a
purchase for resale. See Form CRT-61
.
86 Ill. Adm.
Code
130.210
,
130.215, and
130.1405
1007 Occasional sales
Non-
Taxable
Persons who make isolated or occasional sales of tangible personal property do
not incur tax liability. For example, if retailers sell tangible personal property,
which they do not normally engage in selling, such as machinery or other
capital assets they no longer use in their business and no longer need, they are
not required to remit tax. This applies even if they may be required to make a
considerable number of sales to dispose of the tangible personal property
because persons making such sales are not considered to be in the business of
selling tangible personal property at retail. Effective January 1, 2021, all sales
made through a marketplace constitute retail sales by the marketplace facilitator
and do not qualify as occasional sales.
86 Ill. Adm.
Code
130.110
and
131.140
1008 Wine, alcoholic beverages Taxable High Rate
Alcohol may not be shipped into Illinois, except for sales of wine by Direct Wine
Shippers. Direct Wine Shippers are required to obtain a license from the Illinois
Liquor Control Commission to ship into Illinois. Until January 1, 2021, Direct
Wine Shippers were required to register with IDOR to collect and remit Illinois
Use Tax even if they were below the tax remittance thresholds for the number
of transactions or amount of Illinois sales. Effective January 1, 2021, Direct
Wine Shippers who meet either of the tax remittance thresholds are required to
remit retailers’ occupation tax on sales to Illinois purchasers at the destination
rate, in addition to any liquor taxes. Direct Wine Shippers who do not meet a
threshold must continue to collect and remit Illinois Use Tax.
235 ILCS
5/5-1(r)
; 86
Ill. Adm.
Code Part
131;
130.310;
130.2060;
and
Part 420
1009 Coffee/tea/milk Taxable Low Rate
Brewed unsweetened black coffee or tea, and any drinks that contain milk or
milk products, soy, rice, or similar milk substitutes are not considered soft drinks
and are taxed at the low rate. However, all coffee, tea, cappuccino, or other
drinks prepared by the retailer for individual consumption, whether hot or cold,
are subject to the high rate of tax.
86 Ill. Adm.
Code
130.310
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**To determine the effective rate of tax for a specific location, use the Tax Rate Finder.
Common Transactions
ID*
Description
Taxable
Rate**
Explanation
References
1010
Prescription and
nonprescription medicine
and drugs
Taxable Low Rate
Nonprescription and prescription medicines and drugs are subject to the low
rate of tax. Nonprescription medicines and drugs that fall within the definition of
“grooming and hygiene products” do not qualify for the low rate of tax for
medicines and drugs.
86 Ill. Adm.
Code 130.311
1010.1 Medical Cannabis Taxable Low Rate
Medical cannabis means cannabis and its constituent cannabinoids, such as
tetrahydrocannabinol (THC) and cannabidiol (CBD), are used as an herbal
remedy or therapy to treat a registered patient’s disease or alleviate symptoms.
See ID 1010.
410 ILCS
130/1 et seq
.
35 ILCS
120/2-10
1011 Dietary supplements Taxable Low Rate Vitamins and supplements are taxable at the low rate.
86 Ill. Adm.
Code 130.311
1012 Medical appliances Taxable Low Rate
A medical appliance is an item that is used to directly substitute for a
malfunctioning part of the human body (e.g., restorative breast implants, heart
pacemakers, artificial limbs, dental prosthetics, crutches and orthopedic braces,
dialysis machines, wheelchairs, mobility scooters, mastectomy forms and bras,
sleep apnea devices, hearing aids, eyeglasses, contact lenses, and orthodontic
braces). Items that do not directly substitute for a malfunctioning part of the
human body (e.g., cosmetic breast implants, nebulizers) do not qualify as
medical appliances.
86 Ill. Adm.
Code 130.311
1013
Medical devices used for
cancer treatment with
prescription
Taxable Low Rate
Products classified as Class III medical devices by the United States Food and
Drug Administration that are used for cancer treatment pursuant to a
prescription, as well as any accessories and components related to those
devices qualify for the low rate of tax.
86 Ill. Adm.
Code
130.311
1014
Diabetic treatment,
specified items
Taxable Low Rate
Insulin, blood sugar testing materials, syringes, and needles used by human
diabetics qualify for the low rate of tax.
86 Ill. Adm.
Code 130.311
1015 Feminine hygiene products Exempt
Tampons, menstrual pads, and menstrual cups are exempt from tax until
December 31, 2026.
86 Ill. Adm.
Code 130.311
1016 Diapers (infant) Taxable High Rate
Baby diapers are taxable at the high rate of tax. See also Grooming and
hygiene products (ID 1020).
86 Ill. Adm.
Code 130.311
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**To determine the effective rate of tax for a specific location, use the Tax Rate Finder.
Common Transactions
ID*
Description
Taxable
Rate**
Explanation
References
1017 Diapers (adult) Taxable High Rate
Adult diapers are taxable at the high rate of tax. See also Grooming and
hygiene products (ID 1020).
86 Ill. Adm.
Code 130.311
1018 Infant formula Taxable Low Rate
Infant formula, whether prescription or not, is food for consumption off the
premises and is taxable at the low rate.
86 Ill. Adm.
Code 130.310
and 130.311
1019
Breast pumps, breast
pump collection and
storage supplies, and
breast pump kits
Exempt
Effective July 1, 2022, breast pumps, breast pump collection and storage
supplies, and breast pump kits are exempt from Sales and Use tax. See
statutory provision and regulations for definition.
35 ILCS
120/2-5(46)
and
86 Ill. Adm.
Code 130.120
1020
Grooming and hygiene
products
Taxable High Rate
Grooming products include, but are not limited to shampoos and hair products,
shaving creams and lotions, deodorants, moisturizers, condoms, baby and
adult diapers, and contact lens solution.
86 Ill. Adm.
Code 130.311
1021
Graphic arts machinery
and equipment used
primarily in graphic arts
production
Exempt
The graphic arts machinery and equipment exemption is included in the
manufacturing machinery and equipment exemption beginning July 1, 2017.
“Graphic arts production” means the production of tangible personal property
for wholesale or retail sale or lease by means of printing (including ink jet
printing). See statutory reference for NAICS codes specifying the exempt types
of printing. Graphic arts production does not include (i) the transfer of images
onto paper or other tangible personal property by means of photocopying or (ii)
final printed products in electronic or audio form, including the production of
software or audiobooks. Persons engaged primarily in the business of printing
or publishing newspapers or magazines that qualify as newsprint and ink are
deemed to be engaged in graphic arts production. See Form ST-587
.
35 ILCS
120/2-5, 2-45
,
and 120/2-30;
and
86 Ill. Adm.
Code
130.2000
,
130.325, and
130.330
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**To determine the effective rate of tax for a specific location, use the Tax Rate Finder.
Common Transactions
ID*
Description
Taxable
Rate**
Explanation
References
1022
Manufacturing machinery
and equipment
Exempt
Machinery and equipment used primarily (over 50%) in the manufacturing or
assembling of tangible personal property for wholesale or retail sale or lease is
exempt from tax. Software used to operate exempt manufacturing machinery
and equipment used in the process of manufacturing or assembling tangible
personal property for wholesale or retail sale or lease qualifies for the
exemption. Production related tangible personal property includes all tangible
personal property used or consumed in a production related process by a
manufacturer in a manufacturing facility in which a manufacturing process takes
place or by a graphic arts producer in graphic arts production qualifies for the
exemption. Production related tangible personal property that is used or
consumed in research and development regardless of use within or without a
manufacturing or graphic arts production facility also qualifies for the exemption.
See Form ST-587
.
35 ILCS
120/2-25, 45
and 86 Ill.
Adm. Code
130.330
1023 Antiques, curios, artwork Taxable High Rate
86 Ill. Adm.
Code
130.1910
1024
Collector coins which are
legal tender
Exempt
Sale of legal tender, currency, medallions, and gold or silver coinage, issued by
the State of Illinois, the government of the United States, or government of a
foreign country, and bullion are exempt. Coins incorporated into jewelry are
taxable.
86 Ill. Adm.
Code
130.1910
and
ST-16-0017-
GIL
1025
Postage stamps, US,
cancelled
Taxable High Rate
86 Ill. Adm.
Code
130.1910
1026 Postage stamps, foreign Taxable High Rate
86 Ill. Adm.
Code
130.1910
1027
Postage stamps, US, valid,
with purchase price of 50%
or more of face value
Taxable High Rate
Uncanceled postage sold for an amount that exceeds the face value of the
stamp by 50% or more is subject to tax.
86 Ill. Adm.
Code
130.1910
1028
Postage stamps, US, valid,
with purchase price of less
than 50% of face value
Non-
Taxable
86 Ill. Adm.
Code
130.1910
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**To determine the effective rate of tax for a specific location, use the Tax Rate Finder.
Common Transactions
ID*
Description
Taxable
Rate**
Explanation
References
1029
Auctioneers and agents
PRIOR to January 1, 2021
In-State Auctioneers and agents
If an in-state auctioneer or agent acts for an unknown or undisclosed principal,
the auctioneer or agent is deemed to be the seller and is required to remit
Retailers’ Occupation Tax. If an in-state auctioneer or agent acts on behalf of a
disclosed principal, the disclosed principal is considered the seller and is
responsible for remitting the tax. In this case, the auctioneer or agent is not
responsible for remitting tax, because the disclosed principal is liable for any tax
due. For sourcing of sales, see, e.g., 86 Ill. Adm. Code 270.115
.
Out-of-State Auctioneers and agents
Effective January 1, 2020, through December 31, 2020, an out-of-state
auctioneer that meets a tax remittance threshold is considered a marketplace
facilitator and must collect and remit Use Tax on all sales made to Illinois
purchasers. If an out-of-state auctioneer does not meet a tax remittance
threshold, it is not considered a marketplace facilitator. An out-of-state
auctioneer that does not meet a tax remittance threshold but otherwise has
nexus with Illinois, is required to collect and remit Use Tax on sales to Illinois
purchasers using the disclosed/undisclosed rules of an in-state auctioneer or
agent.
However, if the item sold is located in Illinois, or if the selling otherwise
occurs in Illinois for a transaction, (see, e.g., 86 Ill. Adm. Code 270.115
), the
out-of-state auctioneer will incur Retailers’ Occupation Tax at the rate in effect
at the Illinois location of the item, or the location in Illinois where the selling
otherwise occurs. Auction sales of tangible personal property that is required to
be titled or registered with an agency of this state, including motor vehicles,
watercraft, aircraft, and trailers are taxed at registration. See ID 1030 for
information auctioneers and agents on and after January 1, 2021.
86 Ill. Adm.
Code
130.1915
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**To determine the effective rate of tax for a specific location, use the Tax Rate Finder.
Common Transactions
ID*
Description
Taxable
Rate**
Explanation
References
1030
Auctioneers and
agents
ON and AFTER
January 1, 2021
Effective January 1, 2021Auctioneers meeting either of the tax remittance
thresholds are marketplace facilitators operating a marketplace and, therefore, all
their sales are subject to Retailers’ Occupation Tax. Auction sales of tangible
personal property that is required to be titled or registered with an agency of this
state, including motor vehicles, watercraft, aircraft, and trailers are taxed at
registration. If an auctioneer makes a sale on behalf of a marketplace seller that is
identified to the purchaser (e.g., a marketplace seller that is disclosed), the
auctioneer will incur Retailers’ Occupation Tax at the rate in effect at the location
where the tangible personal property is shipped or delivered or at which possession
is taken by the purchaser (destination rate). If an auctioneer makes a sale on behalf
of a marketplace seller that is not identified to the purchaser on the marketplace
(e.g., a marketplace seller that is not disclosed), then, for tax remittance purposes,
the auctioneer is considered the seller and is required to file its own return, separate
from the returns for sales made by identified marketplace sellers, and pay taxes to
IDOR on that sale. In the latter case, if the item sold is located in Illinois, or if the
selling otherwise occurs in Illinois for that sale (see 86 Ill. Adm. Code 270.115
), the
auctioneer will incur Retailers’ Occupation Tax at the rate in effect at the Illinois
location of the item, or the location in Illinois where the selling otherwise occurs
(origin rate). If the item is not located in Illinois and the selling does not otherwise
occur in Illinois, the auctioneer will incur Retailers’ Occupation Tax at the rate in
effect at the location where the tangible personal property is shipped or delivered or
at which possession is taken by the purchaser. Rules at 86 Ill. Adm. Code
130.1915
provide specific guidance on when a marketplace seller is disclosed or undisclosed.
Effective August 27, 2021The term “marketplace facilitator” does not include
any person licensed under the Auction License Act. This exemption does not apply
to any person who is an Internet auction listing service, as defined by the Auction
License Act.
Effective February 1, 2022Sales of tangible personal property that is required to
be titled or registered with an agency of the State of Illinois, including motor
vehicles, watercraft, aircraft, and trailers, that are made over a marketplace to
purchasers in Illinois are sourced the same as all other sales made over a
marketplace to purchasers in Illinois. See 86 Ill. Adm. Code 131.130(c). For sales
made by a marketplace facilitator on behalf of marketplace sellers, taxes apply at
the location to which the titled or registered item is shipped or delivered, or the
location in Illinois where the purchaser takes possession of the titled or registered
item. For a transaction in which an Illinois purchaser travels to an out-of-state
location to take possession of an item that is required to be titled or registered with
an agency of the State of Illinois, the sale is sourced out of state. In this case, only
Use Tax is incurred. See ID 1029 for information on auctioneers and agents prior to
January 1, 2021.
86 Ill. Adm.
Code
130.1915
and
FY 2022-05
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**To determine the effective rate of tax for a specific location, use the Tax Rate Finder.
Common Transactions
ID*
Description
Taxable
Rate**
Explanation
References
1031
Computer software
canned software
Taxable High Rate
Canned software (pre-written software) which is intended for general or repeated
use, regardless of the form in which it is transmitted, including electronic means
(e.g., downloaded), is subject to tax. This includes the purchase of mobile apps
and games where the purchaser receives software by download. Computer
software provided through a cloud-based delivery system a system in which
computer software is never downloaded onto a client’s computer and is only
accessed remotely is not subject to tax. Purchases made within software or while
playing a game (such as in-app add-ons) are subject to tax and are taxable at the
time of purchase.
86 Ill. Adm.
Code
130.1935
and
ST-21-0008-
PLR
1032
Computer software
custom software
Non-
Taxable
Custom software requires an analysis of the purchasers needs by the vendor and
adaption for use in a specific work environment (e.g., a particular make and model
of a computer using a specified input or output device). Custom software results
from real and substantial changes to the operational coding to meet individualized
requirements. The selection of pre-written or canned programs or program
modules assembled by the vendor into a software package does not constitute
custom software unless real and substantial changes are made to the programs or
creation of program interfacing logic. See regulation.
86 Ill. Adm.
Code
130.1935
1033
Computer software
licensed software
Non-
Taxable
Licenses for computer software are not subject to tax if all the following conditions
are met:
1. it is evidenced by a written agreement signed by the licensor and the
purchaser;
2. it restricts the purchaser's duplication and use of the software;
3. it prohibits the purchaser from licensing, sub-licensing or transferring the
software to a third party (except to a related party) without the permission
and continued control of the licensor;
4. the licensor has a policy of providing another copy at minimal or no charge
if the purchaser loses or damages the software, or of permitting the
licensee to make and keep an archival copy, and such policy is either
stated in the license agreement, supported by the licensor’s books and
records, or supported by a notarized statement made under penalties of
perjury by the licensor; and
the purchaser must destroy or return all copies of the software to the licensor at the
end of the license period. This provision is deemed to be met, in the case of a
perpetual license, without being set forth in the license agreement.
86 Ill. Adm.
Code
130.1935
1034
Construction
contractors and real
estate developers
when selling tangible
property with or
without installation
Taxable High Rate
Construction contractors must remit tax when they engage in selling tangible
personal property with or without installation, so long as it remains tangible
personal property and is not permanently affixed to real estate (e.g., gas or electric
ranges, stoves, washing machines, dryers, refrigerators, furniture, furnishings,
drapes, or non-permanent flooring).
86 Ill. Adm.
Code
130.1940
and
CA-2015-14
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**To determine the effective rate of tax for a specific location, use the Tax Rate Finder.
Common Transactions
ID*
Description
Taxable
Rate**
Explanation
References
1035
Landscape contractors
and nurserymen when
selling tangible personal
property
Taxable High Rate
Nurserymen or landscapers must remit tax when they sell shrubbery, trees, and
similar items to purchasers for use or consumption, and do not, as part of the
transaction, plant the items in the ground.
86 Ill. Adm.
Code 130.1940
and 130.1965
1036 Farm chemicals Exempt
Farm chemicals include any chemical product used in production agriculture, the
products of which are to be sold, or in the production or care of animals that are
to be sold or the products of which are to be sold. Examples of exempted items
are stock sprays, disinfectants and the like, stock tonics, serums, vaccines,
poultry remedies and other medicinal preparations and conditioners, water
purifying products, insecticides, weed killers, and the like.
86 Ill. Adm.
Code 130.1955
1037 Florists Out of State
Non-
Taxable
When a florist receives instructions from another florist located either within or
outside of Illinois for the delivery of flowers, the receiving florist will not be held
liable for tax with respect to any receipts which may be realized from the
transaction.
86 Ill. Adm.
Code
130.1965(b)(3)
1037.1 Florist In State Taxable High Rate
With orders taken by an Illinois florist and transmitted to a second florist located
either within or outside of Illinois for the delivery of flowers, the sending florist will
be held liable for tax with respect to the total amount collected from customers,
except for the cost of the message conveying delivery instructions where this
item is charged for separately from the selling price of the flowers.
86 Ill. Adm.
Code
130.1965(b)(2)
1038
Pets, including horses,
fish, birds, insects,
dogs, cats, hamsters,
lizards, and other
animals
Taxable High Rate
Persons who are in the business of selling pets, animals, horses, fish, birds,
insects, and the like are required to remit tax.
86 Ill. Adm.
Code 130.1971
and CA-2011-10
1039
Animals purchased for
the purpose of breeding
and sale of offspring
Non-
Taxable
To be non-taxable, the purchaser must be engaged in the business of breeding
and selling offspring. Examples include, but are not limited to, purchases of dogs
used in breeding to produce puppies for sale and purchases of semen used for
artificial insemination of livestock for direct agricultural production.
86 Ill. Adm.
Code 130.1971
,
130.210, and
130.2100
Effective June 28, 2024
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**To determine the effective rate of tax for a specific location, use the Tax Rate Finder.
Common Transactions
ID*
Description
Taxable
Rate**
Explanation
References
1040
Suppliers to operators
of games of chance
Taxable High Rate
Persons engaged in selling tangible personal property to operators of raffles,
punch boards, mechanical gambling devices and other games of chance, for
disposition to players during the operation of such games of chance, are
engaged in the business of selling tangible personal property and must remit tax.
86 Ill. Adm.
Code 130.1975
1041 Optometrists Taxable High Rate
When an optometrist makes sales of spectacles, frames or mountings without
examination or treatment of the eyes, nonprescription sunglasses, cleaning
solutions, field glasses, opera glasses, and other tangible personal property, tax
is required to be remitted.
86 Ill. Adm.
Code 130.1980
1042
Pawnbrokers sales of
unredeemed property
Taxable High Rate
In the case of a pawner or pledger who does not redeem the property pledged or
pawned within the specified statutory time, such property is generally forfeited to
the pawnbroker, to whom title to the property passes at the time of such
forfeiture. Where pawnbrokers thereafter engage in the business of selling such
articles for use or consumption, they are required to remit tax.
86 Ill. Adm.
Code 130.1985
1043
Personalized tangible
personal property
items which maintain
inherent commercial
value
Taxable High Rate
Items that have intrinsic usefulness and general utility and so have commercial
value, even after personalization, are subject to tax. This is also true even if the
items are produced only upon receipt of an order (e.g., thermometers, pencils,
pens, mirrors, silverware, notebooks, diaries, baby books, guest registers and
other similar books of general utility for the recording of information, brief cases,
wallets, toys, paper weights, pins and other jewelry, watches, rulers, match
books, playing cards, blotters, calendars, bags, and other fairly standard salable
containers, napkins, dishes [whether made from paper or some other material],
handkerchiefs, and other articles of merchandise which bear the name,
monogram, or trademark of the purchaser or of some other person, or which
bear advertising inscriptions of the purchaser or some other persons).
86 Ill. Adm.
Code 130.1995
1044
Personalized tangible
personal property
items which have no
commercial value
Non-
Taxable
Items that have no commercial value to anyone other than the purchaser for
whom it is produced (e.g., personalized business calling cards, greeting cards,
letterheads, envelopes, labels, name plates, badges, and medallions) are not
subject to Retailers’ Occupation Tax.
86 Ill. Adm.
Code 130.1995
Effective June 28, 2024
PIO-101 (R-06/24) *ID column is a unique numerical identifier for each item to be used by programmers. Page 14 of 33
**To determine the effective rate of tax for a specific location, use the Tax Rate Finder.
Common Transactions
ID*
Description
Taxable
Rate**
Explanation
References
1045
Prepaid calling
arrangements
Taxable High Rate
Prepaid telephone calling arrangementsmeans the right to exclusively purchase
telephone or telecommunications services that must be paid for in advance and
enable the origination of one or more intrastate, interstate, or international
telephone calls or other telecommunications using an access number, an
authorization code, or both, whether manually or electronically dialed, for which
payment to a retailer must be made in advance, provided that, unless recharged,
no further service is provided once that prepaid amount of service has been
consumed.
35 ILCS
105/3
and 3-27;
35 ILCS
120/2(a)
; and
ST-15-0006-
PLR
1046
Printed materials
standard stock or items
which serve the
function of standard
stock sold at retail
Taxable High Rate
Taxable materials include stock or standard items sold for use and consumption
(e.g., legal forms, stock or standard greeting cards, pictures, or other items that
are stocked for sale or generally offered for sale to the public).
86 Ill. Adm.
Code 130.2000
1047
Printed materials
custom stock
Non-
Taxable
Non-taxable materials include material printed in accordance with copy supplied
to the printer by the purchaser or otherwise printed in accordance with the
purchasers specifications and special order. Printed materials generally mean
sales by persons engaged in graphic arts production as long as items so
produced do not serve substantially the same function as stock or standard items
of tangible personal property sold at retail. Examples include personalized items,
such as wedding invitations or holiday cards.
86 Ill. Adm.
Code 130.2000
1048
Products of
photoprocessing
Taxable High Rate
For purposes of the tax imposed on photographs, negatives, and positives,
photoprocessing includes, but is not limited to, developing films, positives and
negatives, transparencies, tinting, coloring, and making and enlarging prints. For
example, a photographer develops exposed film and transfers negatives and
prints to a consumer. Tax is collected on the entire bill. Photoprocessing does not
include products of photoprocessing produced for use in motion pictures for public
commercial exhibition, color separation, typesetting, and platemaking by
photographic means in the graphic arts industry, and does not include any
procedure, process, or activity connected with the creation of the images on the
film from which the negatives, positives, or photographs are derived. The sale of
items produced by digital photography is not a sale of products of
photoprocessing.
86 Ill. Adm.
Code
130.2000
1049
Leases of tangible
personal property
(excluding vehicles)
True Lease
Taxable
Generally, a true lease has no buyout provision. If a buyout provision does exist, it
must be a buyout option based on fair market value to remain a true lease. For a
true lease, the lessor is considered the end user and must pay Use Tax at the
time of purchase based on the cost price of the tangible personal property
purchased for lease to an Illinois lessee. The tax rate due will vary based on the
type of tangible personal property being leased.
86 Ill. Adm.
Code
130.2013
and
130.220
Effective June 28, 2024
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**To determine the effective rate of tax for a specific location, use the Tax Rate Finder.
Common Transactions
ID*
Description
Taxable
Rate**
Explanation
References
1050
Leases of tangible
personal property
(excluding vehicles)
Conditional Sales
Agreement
Taxable
A lease is considered a conditional sales agreement if, at the initiation of the lease,
the lessor is guaranteed that the tangible personal property will be sold. A conditional
sale usually has a nominal or “one dollar” purchase option at the close of the lease
term. The tax is due from a conditional sale when each periodic payment is made.
The lessor remits RetailersOccupation Tax on all receipts of a conditional sale when
the tangible personal property is leased to an Illinois lessee. The tax rate due will vary
based on the type of tangible personal property being leased.
86 Ill. Adm.
Code
130.2013
and
130.220
1051
Picture-framers selling
frames at retail
Taxable High Rate
Picture framers incur tax liability when they sell frames at retail, even though they
make such picture frames only upon receipt of a customer order. This is true even
though the picture framer installs, in such frame, a picture belonging to his purchaser.
86 Ill. Adm.
Code
130.2025
1052
Registered pharmacists
and druggists sales of
tangible personal
property other than
drugs and medicines
Taxable
Sales of merchandise, such as thermometers, cleaning supplies, makeup,
sunglasses, candy, and soft drinks are taxable at the high rate. See IDs 1002 through
1004 and IDs 1010 through 1020.
86 Ill. Adm.
Code
130.2035
1053 Clothing Taxable High Rate
86 Ill. Adm.
Code
130.2040
1054 Clothing custom made Taxable High Rate
There is no deduction for the cost of labor involved in producing the finished item for
sale, even when separately stated.
86 Ill. Adm.
Code
130.2040
Effective June 28, 2024
PIO-101 (R-06/24) *ID column is a unique numerical identifier for each item to be used by programmers. Page 16 of 33
**To determine the effective rate of tax for a specific location, use the Tax Rate Finder.
Common Transactions
ID*
Description
Taxable
Rate**
Explanation
References
1055 Motor fuel Taxable High Rate
Sales of motor fuels, including gasoline, gasohol, and aviation fuel are subject to tax.
As of December 31, 2018, biodiesel blends of less than 10% are fully taxable.
Biodiesel blends of more than 10% but no more than 99% biodiesel, are 100%
exempt from Use Tax until December 31, 2023.
Effective January 1, 2024, and on or before December 31, 2030, the taxation of
biodiesel, renewable diesel and biodiesel blends shall be as provided in Section 3-5.1
of the Use Tax Act (see 35 ILCS 105/3-5.1
).
Majority blended ethanol, as defined in Section 3-44 of the Use Tax Act, is exempt
from the Retailers’ Occupation Tax on the proceeds of sales made on or before
December 31, 2028.
With respect to gasohol, as defined in Section 3-40 of the Use Tax Act, effective
January 1, 2024, the Retailers’ Occupation Tax applies to 90% of the proceeds of
sales made on or before December 31, 2028.
With respect to mid-range ethanol blends, as defined in Section 3-44.3 of the Use Tax
Act, the Retailers’ Occupation Tax applies to 80% of the proceeds of sales made on
or after January 1, 2024, and on or before December 31, 2028.
Exemptions are reported on Schedule A, Deductions, on Form ST-1
, Sales and Use
Tax and E911 Surcharge Return. Use Tax for Aviation Fuel is reported on Form ST-
70 filed through MyTax Illinois.
35 ILCS
105/3-5.1
and 120/2-
10;
86 Ill. Adm.
Code
130.2060
and 86 Ill.
Adm. Code
Part 500
;
and P.A.
103-0009
1056 Cigarettes Taxable High Rate
Cigarettes (and little cigars) are subject to tax. Sales of cigarettes into Illinois are also
subject to the Cigarette Use Tax. See Excise Tax Rates and Fees
.
86 Ill. Adm.
Code
130.2060
and 86 Ill.
Adm. Code
Parts
440,
450, and
660
1057
Cigars, pipe tobacco,
and other tobacco
products
Taxable High Rate
Tobacco products are subject to tax. Tobacco products sold in Illinois are also subject
to Tobacco Products Tax. See Excise Tax Rates and Fees
.
86 Ill. Adm.
Code
130.2060
and
86 Ill. Adm.
Code
Part
660
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**To determine the effective rate of tax for a specific location, use the Tax Rate Finder.
Common Transactions
ID* Description Taxable Rate** Explanation References
1058
Containers, utensils,
wrapping and packing
materials and related
products sold for
resale
Non-
Taxable
Includes sales to restaurants and vendors who then transfer the containers to
purchasers in the regular course of business: plastic cups, plates, napkins, boxes,
sleeves, straws, and other similar items.
86 Ill. Adm.
Code
130.2070
1059
Containers, utensils,
wrapping and packing
materials and related
products sold for use
Taxable High Rate
Sales of paper napkins, drinking straws, paper cups, and paper plates to operators of
office buildings, hotels, and the like for the use of their employees, tenants, or guests
are taxable retail sales. Paper towels and toilet tissues are deemed to be sold for use
or consumption when sold to a purchaser for use in connection with the conduct of his
business and not for resale as such.
86 Ill. Adm.
Code
130.2070
1060
Sales to banks, savings
and loan associations,
and credit unions
exempt under federal
law
Exempt
Sales of tangible personal property for use or consumption to federally chartered
credit unions, the Federal National Mortgage Association (Fannie Mae), Farm Credit
Banks, and Federal Home Loan Banks that are exempt under federal law are not
subject to tax. See Sales to purchasers exempt from use tax by federal law (ID 3027).
35 ILCS
120/2-5 (16)
1061
Sales to banks, savings
and loan associations,
and credit unionsnot
exempt under federal
law
Taxable
Retail sales to national banks, state-chartered banks, federally chartered savings and
loan associations and other privately-owned financial institutions are subject to tax.
This includes sales of building materials and fixtures to construction contractors for
incorporation into real estate owned by banks and savings and loan associations.
86 III Adm.
Code
130.2085
1062
Sales by banks, savings
and loan associations,
and credit unions
Taxable
State-chartered banks and both federally- and state-chartered savings and loan
associations which engage in selling tangible personal property at retail must remit
tax.
86 Ill. Adm.
Code
130.2085
1063
Sales to railroad
companies
Taxable
86 Ill. Adm.
Code
130.2090
1064
Gasohol, coal, coke, fuel
oil, biodiesel, biofuel,
and other combustibles
Taxable High Rate
See also Motor fuel (ID 1055) for exemptions related to majority blended ethanol,
biodiesel, renewable diesel, and biodiesel blends.
86 Ill. Adm.
Code
130.2095
Effective June 28, 2024
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**To determine the effective rate of tax for a specific location, use the Tax Rate Finder.
Common Transactions
ID* Description Taxable Rate** Explanation References
1065
Feeds used or
consumed
Taxable
High
Rate
The sale of feeds for use in feeding horses, livestock, or poultry, which are not resold
but are used, employed, or consumed, for purposes other than sale at market (or for
breeding animals whose offspring will be sold) constitutes a sale at retailwhich is
subject to tax.
86 Ill. Adm.
Code
130.2100
1066
Feeds sold for
livestock which is for
sale at market or for
producing dairy or eggs
Non-
Taxable
Feeds sold for feeding livestock or poultry for marketing, or for producing dairy
products or eggs for marketing, are not a sale for use or consumption. Such sales of
feeds are deemed to be sales, for purposes of resale, of the property which, as an
ingredient or constituent goes into and forms a part of tangible personal property,
subsequently the subject of asale at retail.’”
86 Ill. Adm.
Code
130.2100
1067 Floor coverings Taxable
High
Rate
See regulation for exceptions.
86 Ill. Adm.
Code
130.2101
1068
Books, sheet music,
musical recordings
(CDs and other media)
Taxable
High
Rate
Does not include digital transfers. See Digital books, digital music, and other digital
media (see ID 1069).
86 Ill. Adm.
Code
130.2105
1069
Digital books, digital
music, and other digital
media
Non-
Taxable
Information or data that is downloaded electronically, such as downloaded books,
musical recordings, digital photographic files, newspapers, or magazines does not
constitute the transfer of tangible personal property and is not subject to Use Tax.
Sales of downloads of computer software are generally taxable. See Computer
software (see IDs 1031 through 1033).
86 Ill. Adm.
Code
130.2105
1070
Newspapers and
magazines
Non-
Taxable
The newsprint and ink exemption applies to newspapers and magazines. See the
regulation to determine whether a publication qualifies as a newspaper or magazine
according to the newsprint and ink exemption.
86 Ill. Adm.
Code
130.2105
1071
Seeds and fertilizer
resale
Exempt
Seeds and fertilizers that are used in producing agricultural products for sale are
exempt. See Form CRT-61
.
86 Ill. Adm.
Code
130.2110
1072
Seeds and fertilizer
not for resale
Taxable
High
Rate
Seeds and fertilizers that are not used in production agriculture are not exempt (e.g.,
seeds or fertilizer for lawns or home or private gardens).
86 Ill. Adm.
Code
130.2110
Effective June 28, 2024
PIO-101 (R-06/24) *ID column is a unique numerical identifier for each item to be used by programmers. Page 19 of 33
**To determine the effective rate of tax for a specific location, use the Tax Rate Finder.
Common Transactions
ID* Description Taxable Rate** Explanation References
1073
Machinery, tools, and
special-order items
Taxable
High
Rate
Sales of machinery and tools not made on special order are sales of tangible
personal property and are subject to tax. Machinery and tools produced on order that
serve the same function as a standard item or that are an alteration of a standard
item are still subject to tax.
86 Ill. Adm.
Code
130.2115
1074
Machinery, tools, and
special-order items -
when considered a sale
of service
Non-
Taxable
Special orders of machinery and tools of use or value only to the purchaser(e.g.,
tools, dies, jigs, patterns, gauges, models, exhibits, and the like) are not taxable if
they meet the criteria listed in the regulation. See regulation. However, these items
may be subject to Service Occupation Tax.
86 Ill. Adm.
Code
130.2115
1075
Curtains, blinds,
awnings, shades,
screen doors, window
screens, storm doors
and storm windows,
slipcovers, floor
coverings, and other
similar items made to
order
Taxable
High
Rate
Items that are produced on special order and serve substantially the same function
as stock or standard items of tangible personal property sold at retail (with or without
installation by the seller) are taxable. When these items are sold with installation as a
permanent fixture into real estate by a construction contractor, the construction
contractor incurs Use Tax liability as the end user before it is incorporated into real
estate.
86 Ill. Adm.
Code
130.2140
1076
Vendors of memorial
stones and monuments
Taxable
High
Rate
Persons who engage in the business of selling monuments, grave markers, and the
like to purchasers for use or consumption, and not for resale, incur tax liability on
their receipts from such sales whether such items are sold as stock or standard
items, or whether such items are produced on special order by the seller for the
purchaser. Such items, when produced on special order, serve substantially the
same function as stock or standard items that are sold at retail.
86 Ill. Adm.
Code
130.2150
1077
Signs with
commercial value
Taxable
High
Rate
Signs which have use or value, even when produced on special order, are subject to
tax. Examples: Parking”, “Real Estate”, or computerized signs that can be
programmed with inputs (but without a personalized casing).
86 Ill. Adm.
Code
130.2155
1078
Signs with value only
to purchaser
Non-
Taxable
Tax is not imposed on signs which have value only to the purchaser; however, these
signs may be subject to Service Occupation Tax.
86 Ill. Adm.
Code
130.2155
1079 Steam Taxable
High
Rate
Steam sold for use or consumption is subject to tax when the condensate is not
returned to the retailer. See regulation.
86 Ill. Adm.
Code
130.2156
Effective June 28, 2024
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**To determine the effective rate of tax for a specific location, use the Tax Rate Finder.
Common Transactions
ID*
Description
Taxable
Rate**
Explanation
References
1080
Tangible personal
property employed for
premiums, advertising,
prizes, etc.
Taxable
High
Rate
Tangible personal property sold to purchasers who give such property away for
premiums, advertising, prizes, or for any other reason, apart from their sale of other
tangible personal property or service (e.g., calendars, coffee mugs, and pens which
are sold to a dealer who gives the items away as part of a sales promotion or
advertising campaign, apart from the dealer’s sale of other tangible personal property
or service) is subject to tax.
86 Ill. Adm.
Code
130.2160
1081
Veterinarians retail
sales of drugs and
medical devices
Taxable
High
Rate
See regulation.
86 Ill. Adm.
Code
130.2165
1082
Veterinarians sales of
non-medical items
including combs,
brushes, clippers, name
tags, non-medicated
shampoo, leashes,
collars, toys, and waste
handling products
Taxable
High
Rate
See regulation.
86 Ill. Adm.
Code
130.2165
1083
Sales of coupon books,
gift certificates, and gift
cards
Non-
Taxable
See regulation.
86 Ill. Adm.
Code
130.2125
1084 Data Centers Exempt
Qualified tangible personal property used in the construction and operation of a data
center that has been granted a certificate of exemption by DCEO, whether the
tangible personal property is purchased by the owner, operator, or tenant of the data
center or by a contractor of the owner, operator, or tenant, is exempt from tax.
86 Ill. Adm.
Code
130.1957
1085 Rolling Stock Exempt
Notwithstanding the fact that the sale is at retail, the Retailers' Occupation Tax does
not apply to sales of tangible personal property to owners, lessors, or shippers of
tangible personal property that is utilized by interstate carriers for hire for use as
rolling stock moving in interstate commerce as long as so used by the interstate
carriers for hire. 35 ILCS 120/2-5(13). See Forms RUT-7
, Rolling Stock Certification
for Motor Vehicles and Trailers (and Repair and Replacement Parts) Purchased on
or after August 24, 2017, and
RUT-7-A, Rolling Stock Certification for Aircraft,
Watercraft, Limousines, and Rail Carrier Items.
86 Ill. Adm.
Code
130.340
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**To determine the effective rate of tax for a specific location, use the Tax Rate Finder.
Illinois Sales & Use Tax Matrix Special Situations and Exemptions
Special Situations and Exemptions
ID*
Description
Taxable
Rate**
Explanation
References
3002
Coupons retailer
receives full or partial
reimbursement
Taxable
If a retailer allows a purchaser a discount from the selling price based on a discount
coupon for which the retailer will receive full or partial reimbursement (from a
manufacturer, distributor, or other source), the retailer must remit tax on the
receipts received from the purchaser including the amount of any coupon
reimbursement.
86 Ill. Adm.
Code
130.2125
3003
Coupons retailer
receives no
reimbursement
Non-
Taxable
If a retailer allows a purchaser a discount from the selling price based on a discount
coupon for which the retailer receives no reimbursement from any source, the
amount of the discount may be excluded from the selling price. Only the receipts
received by the retailer from the purchaser, not including the value of the coupon,
are subject to tax.
86 Ill. Adm.
Code
130.2125
3004
Community water supply,
tangible personal
property used in
construction or
maintenance
Exempt
Tangible personal property used in the construction or maintenance of a community
water supply, as defined under Section 3.145 of the Environmental Protection Act,
that is operated by a not-for-profit corporation that holds a valid water supply permit
issued under Title IV of the Environmental Protection Act is exempt. To document
the exemption, the retailer must obtain from the purchaser a copy of the Certificate
of Eligibility for Sales Tax Exemption issued by the not-for-profit corporation that
operates the community water supply. The Certificate of Eligibility for Sales Tax
Exemption must be obtained at the time of sale.
86 Ill. Adm.
Code
130.1934
3005
Low sulfur dioxide
emission coal-fueled
devices
Exempt
Purchases of low sulfur dioxide emission coal-fueled devices are exempt from tax.
This exemption extends to and includes the purchase of such a device, or materials
to construct such a device which are physically incorporated into the device, by a
contractor who retransfers the device to his purchaser in fulfillment of a contract to
furnish such a device to, and install it for, his purchaser.
86 Ill. Adm.
Code
130.335
3006
Coal exploration, mining,
off highway hauling,
processing, maintenance,
and reclamation
equipment
Exempt
Exemption applies until July 1, 2028.
86 Ill. Adm.
Code
130.350 and
35 ILCS
120/2-5(21)
3007
Aggregate exploration,
mining, off highway
hauling, processing,
maintenance, and
reclamation equipment
Exempt
Exemption applies until July 1, 2028.
86 Ill. Adm.
Code
130.351
and
35 ILCS
120/2-5(21)
Effective June 28, 2024
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**To determine the effective rate of tax for a specific location, use the Tax Rate Finder.
Special Situations and Exemptions
ID*
Description
Taxable
Rate**
Explanation
References
3008
Sales to governmental
bodies, foreign
diplomats, and consular
personnel
Exempt See regulations.
86 Ill. Adm.
Code
130.2080
3009
Tangible personal
property used or
consumed in Enterprise
Zones by certified
businesses or by High
Impact businesses
Exempt
Exemptions include tangible personal property used or consumed in: graphic arts
production within Enterprise Zones located in a county of more than 4,000 persons
and less than 45,000 persons, the process of manufacturing and assembly within
Enterprise Zones or by High Impact Businesses, and the operation of pollution
control facilities located within Enterprise Zones. The purchaser must provide the
retailer with current certificate of eligibility issued by the Department of Commerce
and Economic Opportunity (DCEO) and a written statement of exemption signed by
the certified business. See regulations.
86 Ill. Adm.
Code
130.1946
,
130.1947,
and
130.1948
3010
Building materials
exemptions incentive
zones
Exempt
Exemptions include sales of building materials incorporated into the South
Suburban Airport, the Illiana Expressway, Real Estate within Enterprise Zones, a
High Impact Business, a Redevelopment Project within an Intermodal Terminal
Facility Area, and Real Estate within River Edge Redevelopment Zones. At the time
of purchase, the purchaser must provide the retailer with a valid exemption
certificate in the contractor’s or subcontractor’s name. It is the responsibility of the
retailer to verify the validity of the exemption certificate received using IDOR’s
verification page. If the exemption certificate is not valid at the time of purchase, the
contractor is not able to make tax-exempt purchases at that time. The contractor
must contact the Zone Administrator to be added to the approved list of contractors
and to be issued an exemption number by IDOR prior to making tax-exempt
purchases. See regulations and
Form EZ-1, Certificate of Exempt Purchase for
Building Materials.
86 Ill. Adm.
Code
130.1949
,
130.1950,
130.1951,
130.1952,
130.1953,
and
130.1954
3010.1
Building materials
exemption microchips
and semiconductor
manufacturing
MICRO Act
Exempt
Effective April 19, 2022, each retailer who makes a sale of building materials that
will be incorporated into real estate in a qualified facility for which a certificate of
exemption has been issued by the Department of Commerce and Economic
Opportunity (“DCEO”) under Section 110-105 of the Manufacturing Illinois Chips for
Real Opportunity (MICRO) Act, may deduct receipts from such sales when
calculating any State or local use and occupation taxes. No retailer who is eligible
for the deduction or credit under Section 5k of the MICRO Act related to enterprise
zones or Section 5l of the MICRO Act related to High Impact Businesses for a given
sale shall be eligible for the deduction or credit authorized under Section 5n for that
same sale. See Form EZ-1
, Certificate of Exempt Purchase for Building Materials.
35 ILCS
120/5n
Effective June 28, 2024
PIO-101 (R-06/24) *ID column is a unique numerical identifier for each item to be used by programmers. Page 23 of 33
**To determine the effective rate of tax for a specific location, use the Tax Rate Finder.
Special Situations and Exemptions
ID*
Description
Taxable
Rate**
Explanation
References
3010.2
Utility tax exemptions
microchips and
semiconductor
manufacturing
MICRO Act
Exempt
Effective April 19, 2022:
For Telecommunications Excise Tax, gross charge does not include charges to
business enterprises certified under the MICRO Act. 35 ILCS 630/2(a)(5.1)
.
For Electricity Excise Tax, tax is not imposed for use of electricity at a project site
that is certified for tax exemption under the MICRO Act. The exemption shall be no
more than 10 years. 35 ILCS 640/2-4(e)
.
A public utility shall not charge customers, who are certified by the DCEO under
Section 110-95 of the MICRO Act an additional charge equal to the total amount of
tax imposed under Section 2 of the Gas Revenue Tax Act, to the extent of such
exemption and during the period in which such exemption is in effect. 220 ILCS
5/9-
222.
P.A. 102-
0700,
Article 110,
Section
110-95
3010.3
Building materials
exemption Reimagining
Energy and Vehicles in
Illinois (REV) Act
Exempt
Each retailer who makes a sale of building materials that will be incorporated into a
REV Illinois Project for which a certificate of exemption has been issued by the
Department of Commerce and Economic Opportunity (“DCEO”) under Section 105
of the REV Act, may deduct receipts from such sales when calculating any State or
local use and occupation taxes. No retailer who is eligible for the deduction or credit
under Section 5k of the Retailers’ Occupation Tax (ROT) Act related to enterprise
zones or 5l of the ROT Act related to High Impact Businesses for a given sale shall
be eligible for the deduction or credit authorized under Section 5m for the same
sale. See Form EZ-1
, Certificate of Exempt Purchase for Building Materials.
35 ILCS
120/5m
P.A. 102-
1125
effective
February 3,
2023
Effective June 28, 2024
PIO-101 (R-06/24) *ID column is a unique numerical identifier for each item to be used by programmers. Page 24 of 33
**To determine the effective rate of tax for a specific location, use the Tax Rate Finder.
Special Situations and Exemptions
ID*
Description
Taxable
Rate**
Explanation
References
3010.4
Utility tax exemptions
REV Illinois
Exempt
For Telecommunications Excise Tax, gross charge does not include charges to
businesses certified by the DCEO under Section 95 of the REV Act to the extent
and during the period of time specified by the DCEO. See 35 ILCS 630/2(a)(5)
.
For Electricity Excise Tax, tax is not imposed for use of electricity at a REV Illinois
project site that is certified by the DCEO for tax exemption under Section 95 of the
REV Act. The exemption shall be no more than 10 years. 35 ILCS 640/2-4(d)
.
For Gas Revenue Tax, a public utility shall not charge customers, who are certified
by the DCEO under Section 95 of the REV Act, an additional charge equal to the
total amount of tax imposed under Section 2 of the Gas Revenue Tax Act, to the
extent of such exemption and during the period in which such exemption is in
effect. 220 ILCS 5/9-222
. The DCEO will determine the period during which the
exemption is in effect, which shall not exceed 10 years from the date of the
taxpayer's initial receipt of certification from the DCEO. 20 ILCS
686/95.
P.A. 102-
669
effective
November
16, 2021
P.A. 102-
1125
effective
February 3,
2023
3011 Donations
Tax is incurred when donating tangible personal property. The donor who
purchases property and gives it away makes a taxable use of the property when
making such gift. See regulation.
86 Ill. Adm.
Code
150.305
3012 Federal taxes
A person computing tax liability may deduct from gross receipts an amount
equivalent to taxes which are paid to the federal government if required by federal
law to collect such taxes from purchasers and remit taxes directly to the federal
government. Federal excise taxes imposed upon the manufacture or production of
tangible personal property, and Federal processing taxes, compensating taxes,
importation taxes and taxes on floor stocks are not deductible. See regulation.
86 Ill. Adm.
Code
130.445
3012.1
State and local taxes
when included in the
selling price and basis
for tax
Generally, when a tax is imposed on the retailer, importer, manufacturer, and not
the consumer directly, the tax is included in the selling price when calculating
Retailers' Occupation Tax or Use Tax. In computing RetailersOccupation Tax
liability, no amount may be deducted from gross receipts from retail sales of
alcoholic beverages to cover the taxes which have been paid by manufacturers or
importing distributors of alcoholic beverages under the Liquor Control Act of 1934.
In the case of cigarettes, the amount represented by the State Cigarette Tax or
Cigarette Use Tax should be included in arriving at the net taxable selling price. If a
home rule jurisdiction, such as Chicago, imposes a cigarette tax, the amount of
such local cigarette tax is included the selling price when computing tax.
86 Ill. Adm.
Code
130.2060
Effective June 28, 2024
PIO-101 (R-06/24) *ID column is a unique numerical identifier for each item to be used by programmers. Page 25 of 33
**To determine the effective rate of tax for a specific location, use the Tax Rate Finder.
Special Situations and Exemptions
ID*
Description
Taxable
Rate**
Explanation
References
3012.2
State and local taxes
when not included in the
selling price and basis
for tax
When a tax is imposed on a consumer, the tax is not includable in gross receipts
subject to state tax. In addition, gross receipts do not include any charges that are
added to prices on account of the seller’s tax liability under any local occupation tax
administered by IDOR. Persons who sell motor fuel for use or consumption may
deduct, from their gross receipts from such sales, the Illinois Motor Fuel Tax
collected with respect to such sales, because the Illinois Motor Fuel Tax is on the
consumer and is not considered to be a part of the selling priceof the motor fuel.
County Motor Fuel Taxes imposed under the County Motor Fuel Tax Law are
includable in gross receipts subject to RetailersOccupation Tax. Cook County
Motor Fuel Tax is imposed upon the consumer and is therefore deductible from
gross receipts.
86 Ill. Adm.
Code
130.2060
3013
Transportation and
delivery charges when
taxable
Taxable
If the transportation/delivery charge is not separately stated to the purchaser, or if
the charge is separately stated and the purchaser does not have the option to
obtain the property in any manner except by payment of the transportation and
delivery charge to the retailer (e.g., no option to pick up or no offer for free or
qualified free transportation or delivery), then the transportation/delivery charge is
considered part of the taxable purchase price. Costs incurred by the retailer in
moving property to some point from which the property will be delivered or shipped
to the purchaser, or picked up by the purchaser, are not outgoing transportation
and delivery charges; they are part of the retailer's costs of doing business. Any
amounts the retailer charges a purchaser for moving the property cannot be
deducted from the gross receipts of that sale. For applicable rate, see regulations.
86 Ill. Adm.
Code
130.415
3014
Transportation and
delivery charges when
not taxable
Non-
Taxable
If the transportation/delivery charge is separately stated to the purchaser, and the
purchaser has the option to obtain the property in any manner except by payment
of the transportation and delivery charge to the retailer (e.g., has the option to pick
up or has an offer for free or qualified free transportation or delivery), then the
transportation/delivery charge is not taxable.
86 Ill. Adm.
Code
130.415
3015 Traded-in property
Non-
Taxable
Selling price means the consideration for a sale valued in money whether received
in money or otherwise, including cash, credits, or traded in property. Only if the
traded in property is of like kind and character as the property being sold may it be
used as a deduction from the selling price of the property sold.
86 Ill. Adm.
Code
130.425
Effective June 28, 2024
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**To determine the effective rate of tax for a specific location, use the Tax Rate Finder.
Special Situations and Exemptions
ID*
Description
Taxable
Rate**
Explanation
References
3016
Deposit or prepayment
on purchase price
Taxable High Rate
If a buyer in a sale at retail makes a binding commitment to purchase (the tangible
personal property identified in the contract is subject to binding commitment) any
payment on the purchase price is subject to tax. The giving of the binding purchase
order by the purchaser, identification of the tangible personal property, and the
making of a payment on the price are sufficient to establish that a sale is intended
for the purpose of determining that the seller has received taxable gross receipts.”
86 Ill. Adm.
Code
130.430
3017
Installation, alteration,
and special service
charges when taxable
Taxable High Rate
When installation, alteration, and service charges are not separately agreed upon
and separately stated (see regulation), they are considered part of the selling price
and subject to tax.
86 Ill. Adm.
Code
130.450
3018
Installation, alteration,
and special service
charges when non-
taxable
Non-
Taxable
When installation, alteration, and service charges are separately agreed upon and
separately stated (see regulation), they are considered services and are not subject
to tax.
86 Ill. Adm.
Code
130.450
3019
Sales to nonprofit arts or
cultural organizations
Exempt
If an organization qualifies, IDOR will issue an E-number that the organization must
provide to vendors. Sales to such organizations are not taxable provided the
organization supplies the valid E-number to the vendor at the time of purchase.
Nonprofit arts and cultural organizations are required to obtain this number before
they can make tax-free purchases.
86 Ill. Adm.
Code
130.2004
and
130.2081
3020
Sales by exclusively
charitable, religious, or
educational
organizations
Taxable
There are very limited circumstances when these types of organizations are not
subject to tax.
86 Ill. Adm.
Code
130.2005(a)
(3)
3021
Sales of tangible items by
schools soft drinks,
candy, popcorn, vending
machine sales, and
bookstore sales
Taxable High Rate Schools must collect tax on sales of tangible property.
86 Ill. Adm.
Code
130.2005
Effective June 28, 2024
PIO-101 (R-06/24) *ID column is a unique numerical identifier for each item to be used by programmers. Page 27 of 33
**To determine the effective rate of tax for a specific location, use the Tax Rate Finder.
Special Situations and Exemptions
ID*
Description
Taxable
Rate**
Explanation
References
3022
Sales to lodges, nonprofit
associations, nonprofit
corporations, labor
unions, civic clubs, and
patriotic organizations
Taxable
Purchasers must qualify as a government entity or an exclusively religious,
charitable, or educational organization to qualify to receive a Sales Tax
Exemption Number from IDOR. To make a tax-free purchase the purchaser must
present a valid E-number to the retailer at the time of purchase. Non-profit status
with the IRS is not sufficient to qualify for a Sales Tax Exemption without other
consideration.
86 Ill. Adm.
Code
130.2005
and
130.2081
3023
Sales by governmental
bodies other than the
federal government
Taxable High Rate
State and local governments, or any agency or instrumentality of any such
governmental body, must remit tax when engaging in the selling of tangible
personal property at retail to the public other than in the performance of a
governmental function.
86 Ill. Adm.
Code
130.2055
3023.1
Sales by or on behalf of
the State Treasurer
Exempt
Effective May 27, 2022, tangible personal property sold by or on behalf of the
State Treasurer pursuant to the Revised Uniform Unclaimed Property Act are
exempt.
35 ILCS
105/3-5(41)
,
35 ILCS
110/3-5(32)
,
35 ILCS
115/3-5(33)
,
35 ILCS
120/2-5(46)
,
and
P.A. 102-1026
3024
Sales to purchasers
performing contracts
with governmental
bodies
Exempt
Generally, a government contractor who purchases items to fulfill his obligations
under a contract with a governmental unit purchases those items for use and
must remit tax. However, if the contract with the governmental unit explicitly
requires the contractor to sell those items to the governmental unit, the purchase
of those items by the contractor can be structured as purchases for the purpose
of resale to the governmental unit if certain conditions are met. To be exempt,
there must be a contract between the purchaser and the governmental body that
requires the purchaser to transfer the tangible personal property to the
governmental body immediately upon or after the completion of the contract.
86 Ill. Adm.
Code
130.2076
,
130.2080, and
130.2081
3025
Sales to governmental
bodies
Exempt
Sales of tangible personal property made to a governmental body (federal, state,
local or foreign) are exempt from the tax only if the governmental body has a
valid E-number issued by IDOR and it provides this valid E-number to the retailer
at the time of purchase, who records the number instead of collecting the tax.
86 Ill. Adm.
Code
130.2080,
130.2081, and
150.332
Effective June 28, 2024
PIO-101 (R-06/24) *ID column is a unique numerical identifier for each item to be used by programmers. Page 28 of 33
**To determine the effective rate of tax for a specific location, use the Tax Rate Finder.
Special Situations and Exemptions
ID*
Description
Taxable
Rate**
Explanation
References
3026 Aircraft refurbishment Exempt
Beginning January 1, 2010, and continuing through December 31, 2029,
materials parts, equipment, components, and furnishings incorporated into or
upon an aircraft as part of the modification, refurbishment, completion,
replacement, repair, or maintenance of the aircraft are exempt from tax. This
exemption includes consumable supplies used in the modification, refurbishment,
completion, replacement, repair, and maintenance of aircraft. However, until
January 1, 2024, this exemption excludes any materials, parts, equipment,
components, and consumable supplies used in the modification, replacement,
repair, and maintenance of aircraft engines or power plants, whether such
engines or power plants are installed or uninstalled upon any such aircraft.
Consumable suppliesinclude, but are not limited to, adhesive, tape, sandpaper,
general purpose lubricants, cleaning solution, latex gloves, and protective films.
Beginning January 1, 2010 and through December 31, 2023, this exemption
applies only to the sale of qualifying tangible personal property to persons who
modify, refurbish, complete, replace, or maintain an aircraft and who: (i) hold an
Air Agency Certificate and are empowered to operate an approved repair station
by the Federal Aviation Administration; (ii) have a Class IV Rating; and (iii)
conduct operations in accordance with Part 145 of the Federal Aviation
Regulations. The exemption does not include aircraft operated by a commercial
air carrier providing scheduled passenger air service pursuant to authority issued
under Part 121 or Part 129 of the Federal Aviation Regulations.
Beginning January 1, 2024 and through December 31, 2029, this exemption
applies only to the use of qualifying tangible personal property by: (A) persons
who modify, refurbish, complete, repair, replace, or maintain, and who (i) hold an
Air Agency Certificate and are empowered to operate an approved repair station
by the Federal Aviation Agency, (ii) have a Class IV rating, and (iii) conduct
operations in accordance with Part 145 of the Federal Aviation Regulations; and
(B) persons who engage in the modification, refurbishment, repair, and
maintenance of aircraft engines or power plants without regard to whether or not
those persons meet the qualifications of item (A).
86 Ill. Adm.
Code
130.120,
P.A.
103-0009,
and
35 ILCS
120/2-5(40)
3027
Sales to purchasers
exempt from use tax by
federal law
Exempt
If the purchaser is exempt from use tax by operation of federal law, then tangible
personal property sold to a purchaser is exempt from Illinois tax (both Use Tax
and Retailers’ Occupation Tax).
35 ILCS
120/2-5(16)
and
86 Ill. Adm.
Code
130.120(s)
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**To determine the effective rate of tax for a specific location, use the Tax Rate Finder.
Special Situations and Exemptions
ID*
Description
Taxable
Rate**
Explanation
References
3027.1
Sales to active duty
military personnel
Exempt
Beginning January 1, 2024, tangible personal property purchased by an active
duty member of the armed forces of the United States who presents a valid
military identification and purchases the property using a form of payment where
the federal government is the payor. The armed forces member must complete,
at the point of sale, Form ST-590-M, Certificate of Eligibility for Military Purchase
Exemption, documenting that the transaction is eligible for the exemption. The
retailer must keep the form as documentation of the exempt for not less than 6
years. Armed forces means U.S. Army, Navy, Air Force, Marine Corps, and
Coast Guard.
P.A. 103-0009
3028 Interstate commerce Exempt
Sales of tangible personal property made by Illinois businesses when the
property is shipped or delivered by those Illinois businesses to a location outside
Illinois and is not returned to Illinois for use are exempt. This exemption does not
apply to sales made by Illinois businesses to an out-of-state buyer who takes
possession of items in Illinois.
86 Ill. Adm.
Code
130.605
3029
Licensed not-for-profit
daycare center
Exempt
Purchases by a licensed not-for-profit daycare are exempt when a valid “E-
number” is provided at the time of purchase. See ID 3030.
Information
for exclusively
charitable,
religious, or
educational
organizations;
governmental
bodies; and
certain other
tax-exempt
organizations
(PIO-37
) and
35 ILCS
120/2h
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**To determine the effective rate of tax for a specific location, use the Tax Rate Finder.
Special Situations and Exemptions
ID*
Description
Taxable
Rate**
Explanation
References
3030
Exclusively charitable,
religious, educational, or
governmental
organizations“E”
numbers
Exempt
An organization must be
not-for-profit, and
organized and operated exclusively for charitable, religious,
educational, or governmental purposes,
to qualify for the exemption from state and local sales tax (“E”-number) which
allows an organization to buy items tax-free. Illinois has its own criteria for
determining eligibility. The criteria are governed by the Retailers' Occupation
Tax Act for sales tax exemptions. Sales tax exemptions are given to
Churches
Exclusively charitable organizations
Licensed not-for-profit day care centers
Not-for-profit organizations that are operated primarily for arts or
cultural purposes
Qualifying senior citizen organizations
Schools
State, local, and federal governments
Note: A charitable organization isnt necessarily qualified because it has a
charter from the Secretary of States office designating it as a not-for-profit
corporation, or an exemption from federal taxes under Section 501(c)(3) of the
Internal Revenue Code. Although the information is relevant, it doesnt prove
the charitable nature of the organization.
When selling tangible personal property at retail to members, guests or others,
organizations with E-numbers are liable for RetailersOccupation Tax with
certain limited exceptions. See 86 Ill. Adm. Code 130.2005 for the limited
exceptions.
Information for
exclusively
charitable,
religious, or
educational
organizations;
governmental
bodies; and
certain other
tax-exempt
organizations
(PIO-37
)
Effective June 28, 2024
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Illinois Sales & Use Tax Matrix References to Other Taxes and Returns
References to Other Taxes and Returns
ID* Description Explanation Reference
4001 Automobile rental
Sales tax is not incurred on automobile rentals for a period of 1 year or less. See regulations for
Automobile Renting Occupation Tax.
86 Ill. Adm. Code
Part 180
4002 Aviation fuel
Sales of aviation fuel are reported on Form ST-70 filed through MyTax Illinois
. Sales of aviation fuel
should be included on Form ST-1, Line 1, Total Receipts and then deducted on Form ST-1, Schedule
A, line 16 with description Sales of Aviation Fuel.
FY 2018-16 and
Form ST-70
Instructions
4003
Dry cleaning and laundry
services
Dry cleaning and laundry services are not subject to sales tax. See Dry-Cleaning Solvent Tax and Dry-
Cleaning Operators License Fee.
415 ILCS 135/60
to 135/80
4004 Motor vehicles Marketplace facilitators and remote retailers are required to remit tax on titled or registered vehicles.
86 Ill. Adm. Code
130.111,
130.540,
131.110,
131.130,
and 150.705
4005
Illinois
Telecommunications
Access Corporation
(ITAC) Assessment
The Illinois Telecommunications Access Corporation (ITAC) Assessment is a charge imposed on the
consumer, to be collected by sellers, when a retail transaction takes place which includes prepaid
wireless telecommunications service. The ITAC Assessment must be collected on the same
transactions as the Prepaid Wireless E911 Surcharge. See the ITAC assessment page on our website
for specific information.
Remote retailers are required to collect and remit this assessment on any sale of prepaid wireless
service. Marketplace facilitators are not required to collect and remit the ITAC assessment; however,
marketplace sellers may be liable for this assessment.
220 ILCS 5/13-
703
and
86 Ill. Adm. Code
131.107
4006
Prepaid Wireless E-911
Surcharge
The Prepaid Wireless E911 Surcharge is a charge imposed on the consumer and collected by retailers
when a retail transaction takes place that includes prepaid wireless telecommunications service. It is
reported on Form ST-1. Retailers are required to collect the surcharge.
Use the Tax Rate Database,
available on our website at tax.illinois.gov to determine the current rate.
See the Prepaid Wireless E911
Surcharge page on our website for specific information.
Remote retailers who meet a tax remittance threshold are required to collect and remit this surcharge
on any sale of prepaid wireless service. Marketplace facilitators are not required to collect and remit the
surcharge; however, marketplace sellers may be liable for the surcharge.
50 ILCS 753/15
,
ST-15-0008-PLR,
and
86 Ill. Adm. Code
131.107
4007 Sales of wireless services See Telecommunications Excise Tax Act. Sales of wireless service are not subject to sales tax.
35 ILCS 630/1, et
seq.
4008 Telecommunications
See Telecommunications Excise Tax Act
. Sales of telecommunications service are not subject to sales
tax.
35 ILCS 630/1, et
seq.
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References to Other Taxes and Returns
ID* Description Explanation Reference
4009
Watercraft and aircraft
sales
Effective February 1, 2022, marketplace facilitators and remote retailers are required to collect and
remit tax on aircraft and certain watercraft that is titled or registered with an Illinois agency.
86 Ill. Adm. Code
130.111
,
130.540,
131.110,
131.130,
and 150.705
4010 Rounding Rule
To round you must
drop amounts under 50 cents and
increase amounts of 50 to 99 cents to the next dollar.
For example, $1.49 becomes $1 and $2.50 becomes $3. If you need to add two or more amounts to
figure the amount to enter on a line, include cents when adding the amounts and round only the total.
35 ILCS 120/3
4011 Tire User Fee
Any person who sells or delivers tires at retail in Illinois must collect the fee. The fee is imposed on:
new and used tires for vehicles in which persons or property may be transported or drawn upon
a highway, as defined in the Illinois Vehicle Code, Section 1-217;
aircraft;
special mobile equipment (such as street sweepers, road construction and maintenance
machinery); and
implements of husbandry (farm wagons and combines).
See the Tire User Fee page on our website for specific information.
415 ILCS
5/53 - 5/55.15
4012
Metropolitan Pier and
Exposition (MPEA)
Authority Food and
Beverage Tax
A retailers’ occupation tax imposed on sales within Chicago’s Metropolitan Pier and Exposition
Authority (MPEA) boundaries on the gross receipts from the sale of
food, alcoholic beverages, and soft drinks sold for consumption on the premises; and
food, alcoholic beverages, and soft drinks sold for consumption off-the-premises by retailers
whose primary gross receipts are from food, soft drink, and alcoholic beverages prepared for
immediate consumption.
See the Metropolitan Pier and Exposition Authority Food and Beverage Tax page on our website for
more information. The MPEA Food and Beverage Tax does not apply to remote retailers. Marketplace
facilitators, e.g., food-delivery services, such as, Door Dash and Grub Hub, are liable, effective October
1, 2021, for the MPEA Food and Beverage Tax based on their agreement with the food and beverage
establishment.
70 ILCS
210/13(b)
and
86 Ill. Adm. Code
131.107
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References to Other Taxes and Returns
ID* Description Explanation Reference
4013
Chicago Home Rule
Municipal Soft Drink
Retailers’ Occupation Tax
The Chicago Home Rule Municipal Soft Drink Retailers’ Occupation Tax is imposed on persons who
sell canned or bottled soft drinks at retail in Chicago including
in-state retailers located in the city of Chicago;
out-of-state retailers with selling activity in the city of Chicago (i.e. physical presence, see, e.g.,
86 Ill. Adm. Code 270.115) OR with sales of inventory located in the city of Chicago;
remote retailers without physical presence or inventory in Illinois who meet or exceed a tax
remittance threshold and make sales to purchasers in the city of Chicago (effective October 1,
2021);
marketplace facilitators whose marketplace meets or exceeds a tax remittance threshold and
who make sales over the marketplace to purchasers in the city of Chicago on behalf of
marketplace sellers (effective October 1, 2021); and
marketplace facilitators own sales (effective October 1, 2021) when:
o they are making sales fulfilled from inventory located in Chicago, or the selling
activities otherwise occur in Chicago or
o they meet or exceed a tax remittance threshold, the selling activity is conducted
outside Illinois, and they are shipping a soft drink to an address located in the city of
Chicago.
Soft drinksinclude, but are not limited to:
soda;
sport or energy drink;
sweetened tea;
waters containing natural or artificial sweeteners;
beverages containing 50 percent or less fruit or vegetable juice; and
all other preparations commonly known as soft drinks.
See the Chicago Home Rule Municipal Soft Drink Retailers’ Occupation Tax page for more information.
65 ILCS
5/8-11-6b
86 Ill. Adm. Code
131.107(c)(1)(B)
The information in this document is current as of the effective date listed. The contents of this document are informational only and do not take the place of statutes, rules
and regulations, or court decisions.