Illinois Changes May Impact Manufacturers and Remote Sellers
Tax Development Sep 28, 2016
Tax Development Sep 28, 2016
The state of Illinois revised its manufacturing rules and added a rebuttable presumption for remote selling rules. Both changes became effective on September 12, 2016.
Manufacturing
Ill. Admin. Code tit. 86, §130.330, which addresses the applicability of sales and use tax to manufacturing machinery and equipment has been revised to stipulate, among other things, that the manufacturing exemption does not apply to machinery and equipment used in 1) the wholesale or retail generation of electricity, 2) the creation or treatment of natural or artificial gas delivered via pipes, pipeline, or mains on a wholesale or retail basis, or 3) the treatment of water delivered via pipes, pipelines, or mains to customers on a wholesale or retail basis.
Remote Sales
Under 35 ILCS 105/2, out-of-state retailers are presumed to be maintaining a place of business in Illinois and required to collect use tax on sales to Illinois customers if the following conditions are met:
The rebuttable presumption added allows a retailer by “maintaining in its records documentation that shows that persons with whom the retailer has agreements have not engaged in solicitation activities on behalf of the retailer in Illinois that are sufficient to meet the nexus standards of the United States Constitution during the preceding 4 quarterly periods,” to show that nexus does not exist.