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TITLE 86: REVENUE
CHAPTER I: DEPARTMENT OF REVENUE PART 180 AUTOMOBILE RENTING OCCUPATION TAX SECTION 180.120 THE MEANING OF GROSS RECEIPTS
Section 180.120 The Meaning of Gross Receipts
a) "Gross receipts" from the renting of tangible personal property or "rent" means the total rental price or leasing price. In the case of rental transactions in which the consideration is paid to the rentor on an installment basis, the amounts of such payments shall be included by the rentor in gross receipts or rent only as and when payments are received by the rentor. [35 ILCS 155/2]
b) All consideration received as the rental price must be included in gross receipts whether received in money or otherwise, including cash, credits, property and services. [35 ILCS 155/2]
c) There is no deduction from gross receipts on account of the cost of the property rented, the cost of materials used, labor or service cost or any other expense whatever.
d) "Rental price" does not include consideration paid for peer-to-peer car sharing to a shared-vehicle owner or a car-sharing program, as those terms are defined in Section 5 of the Car-Sharing Program Act [815 ILCS 312], if tax due on the automobile under the Retailers' Occupation Tax Act or Use Tax Act was paid upon the purchase of the automobile or when the automobile was brought into Illinois.
e) "Rentor" means any person, firm, corporation or association engaged in the business of renting or leasing automobiles to users. For this purpose, the objective of making a profit is not necessary to make the renting activity a business. "Rentor" does not include a car-sharing program or a shared-vehicle owner, as defined in Section 5 of the Car-Sharing Program Act [815 ILCS 312], if tax due on the automobile under the Retailers' Occupation Tax Act or Use Tax Act was paid upon the purchase of the automobile or when the automobile was brought into Illinois.
f) "Rentee" means any user to whom the possession, or the right to possession, of an automobile is transferred for a valuable consideration for a period of one year or less, whether paid for by the "rentee" or by someone else. "Rentee" does not include a shared-vehicle driver, as defined in Section 5 of the Car-Sharing Program Act [815 ILCS 312], if tax due on the automobile under the Retailers' Occupation Tax Act or Use Tax Act was paid upon the purchase of the automobile or when the automobile was brought into Illinois. [35 ILCS 155/2]
(Source: Amended at 49 Ill. Reg. 7670, effective May 19, 2025) |