PIO-101 Illinois Use Tax Matrix
PIO-101 Illinois Use Tax Matrix
PIO-101 Illinois Use Tax Matrix
Illinois has several types of taxes which are collectively referred to as “sales tax.” The Retailers' Occupation 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. See 35 ILCS 120/1, et seq. Use Tax is imposed
on the privilege of using, in this State, any kind of tangible personal property purchased anywhere at retail from a retailer. See 35 ILCS 105/1, et seq. and
86 Ill. Adm. Code 150.101.
A “retailer maintaining a place of business in the State,” or that has nexus, is required to register with the Illinois Department of Revenue (IDOR) to collect and
remit Use Tax on purchases made by Illinois purchasers. Effective October 1, 2018, remote sellers without a physical presence meeting certain thresholds fall
within the definition of a “retailer maintaining a place of business in the State” and must register with IDOR to collect and remit Illinois Use Tax on sales to
Illinois purchasers (see Public Act 100-0587). Effective January 1, 2020, marketplace facilitators meeting certain thresholds fall within the definition of a “retailer
maintaining a place of business in the State” and must register with IDOR to collect and remit Illinois Use Tax on sales to Illinois purchasers (see Public Acts
101-0009 and 101-0604). If a marketplace facilitator, marketplace seller, or remote seller makes sales into Illinois from inventory in Illinois, then it will be
required to remit Illinois Retailers’ Occupation Tax on those sales to Illinois purchasers and this matrix does not apply.
The State has two Use Tax rates. The rate for general merchandise is 6.25%. The rate for qualifying food, drugs, and medical appliances is 1%. There are no
locally-imposed use taxes on general merchandise, food, drugs, and medical appliances that are collected by IDOR. Remote retailers without physical presence
that sell titled and registered property (e.g., motor vehicles, watercraft, aircraft, and trailers) to Illinois purchasers are not required to collect and remit Use Tax
on these items.
In using this matrix, the presumption is that tangible personal property is taxable unless there is an exemption. Most of the exemptions from Use 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.
If an item in the matrix is non-taxable or exempt, the seller does not have to collect Use Tax from the Illinois purchaser.
A serviceperson can be a remote seller when tangible personal property is transferred as part of the sale of service. A serviceperson should refer to our
regulations to determine taxability.
PIO-101 (R-12/19) Printed by authority of the State of Illinois – Web only, One copy Page 1 of 19
Common Transactions
ID Description Taxable Rate Explanation References
Exempt when used primarily (more than 50% of the time) in production agriculture, 86 Ill. Adm.
Farm machinery and
1001 Exempt see regulation. Valid exemption certificate is required. See Form ST-587, Code
equipment
Equipment Exemption Certificate. 130.305
86 Ill. Adm.
Food, not for immediate
Code
consumption, excluding Food not for immediate consumption includes grocery items and packaged foods,
1002 Taxable 1% 130.310
candy, soft drinks, and but does not include candy, soft drinks, and alcohol.
and
alcohol
130.1905
Candy is defined as a preparation of sugar, honey, or other natural or artificial
86 Ill. Adm.
sweeteners in combination with chocolate, fruits, nuts, or other ingredients or
1003 Candy Taxable 6.25% Code
flavorings in the form of bars, drops, or pieces. "Candy" does not include any
130.310
preparation that contains flour or requires refrigeration.
Soft drinks are defined as nonalcoholic beverages that contain natural or artificial
86 Ill. Adm.
sweeteners. "Soft drinks" do not include beverages that contain milk or milk
1004 Soft drinks Taxable 6.25% Code
products, soy, rice, or similar milk substitutes, or greater than 50% of vegetable or
130.310
fruit juice by volume.
A retailer having tangible personal property drop shipped from a supplier to an
Illinois purchaser would be required to collect and remit Use Tax from that Illinois 86 Ill. Adm.
1% or
1005 Drop shipments Taxable purchaser. Retailers must provide a valid Certificate of Resale (Form CRT-61) to Code
6.25%
their Illinois suppliers to document sales for resale. See regulation for further 130.225
information regarding documentation.
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 86 Ill. Adm.
which it was purchased, is not subject to tax. Such sales for resale cannot be Code
made tax-free unless the purchaser (except in the case of an out-of-State 130.210,
Tangible personal Non-
1006 purchaser who will always resell and deliver the property to purchasers outside 130.215,
property sold for resale Taxable
Illinois) has an active registration number or active resale number from IDOR and 130.1405,
gives such number to suppliers in connection with certifying to any supplier that and
any sale to such purchaser is nontaxable because of being a sale for resale. See 130.1970
Form CRT-61.
86 Ill. Adm.
Non- When a remote florist places an order to be filled by an Illinois florist the remote Code
1037 Florists
Taxable florist is not required to collect and remit Use Tax. 130.1965(b)
(3)
86 Ill. Adm.
Pets, including horses,
Code
fish, birds, insects, dogs, Persons who are in the business of selling pets, animals, horses, fish, birds,
1038 Taxable 6.25% 130.1971
cats, hamsters, lizards, insects, and the like are required to collect and remit Use Tax.
and CA-
and other animals
2011-10
86 Ill. Adm.
To be non-taxable, the purchaser must be engaged in the business of breeding
Animals purchased for Code
Non- and selling offspring. Examples include, but are not limited to, purchases of dogs
1039 the purpose of breeding 130.1971,
Taxable used in breeding to produce puppies for sale and purchases of semen used for
and sale of offspring 130.210, and
artificial insemination of livestock for direct agricultural production.
130.2100
Persons engaged in selling tangible personal property to operators of raffles,
punch boards, mechanical gambling devices and other games of chance, for 86 Ill. Adm.
Suppliers to operators of
1040 Taxable 6.25% disposition to players during the operation of such games of chance, are engaged Code
games of chance
in the business of selling tangible personal property and must collect and remit 130.1975
Use Tax.
Optometrists – when If an optometrist makes sales of nonprescription sun glasses, cleaning solutions, 86 Ill. Adm.
1041 responsible for Taxable 6.25% field glasses, opera glasses, and other tangible personal property they are Code
collecting Use Tax required to collect and remit Use Tax. 130.1980
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 86 Ill. Adm.
Pawnbrokers - sales of
1042 Taxable 6.25% the pawnbroker, to whom title to the property passes at the time of such forfeiture. Code
unredeemed property
Where pawnbrokers thereafter engage in the business of selling such articles for 130.1985
use or consumption, they are required to collect Use Tax.
Items which retain value, even after personalization, are subject to Use 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,
Personalized tangible guest registers and other similar books of general utility for the recording of
86 Ill. Adm.
personal property - items information, brief cases, wallets, toys, paper weights, pins and other jewelry,
1043 Taxable 6.25% Code
which maintain inherent watches, rulers, match books, playing cards, blotters, calendars, bags, and other
130.1995
commercial value 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 trade-mark of the purchaser or of some other person, or
which bear advertising inscriptions of the purchaser or some other persons).
Personalized tangible Retailers are not required to collect and remit tax from purchasers of items which
86 Ill. Adm.
personal property -items Non- have no commercial value to anyone other than the purchaser for whom it is
1044 Code
which have no Taxable produced (e.g., personalized business calling cards, greeting cards, letterheads,
130.1995
commercial value envelopes, labels, name plates, badges, and medallions).
For purposes of the tax imposed on photographs, negatives, and positives, photo
processing 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. Photo processing does not include
86 Ill. Adm.
Products of photo products of photo processing produced for use in motion pictures for public
1048 Taxable 6.25% Code
processing commercial exhibition, color separation, typesetting, and platemaking by
130.2000
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 photo
processing.
Generally, a true lease has no buyout provision. If a buyout provision does exist, it
Leases of tangible must be a buyout option based on fair market value to remain a true lease. For a 86 Ill. Adm.
personal property 1% or true lease, the lessor is considered the end user and must pay Use Tax at the time Code
1049 Taxable
(excluding vehicles) – 6.25% of purchase based on the cost price of the tangible personal property purchased 130.2013
True Lease for lease to an Illinois lessee. The tax rate due will vary based on the type of and 130.220
tangible personal property being leased.
Picture framers incur tax liability when they sell frames at retail, even though they
86 Ill. Adm.
Picture-framers - selling make such picture frames only upon receipt of orders therefor. This is true even
1051 Taxable 6.25% Code
frames at retail though the picture framer installs, in such frame, a picture belonging to his
130.2025
purchaser.
Registered pharmacists
Sales of merchandise, such as thermometers, cleaning supplies, makeup,
and druggists – sales of 86 Ill. Adm.
1% or sunglasses, candy, and soft drinks are taxable at the general merchandise rate.
1052 tangible personal Taxable Code
6.25% See also Food, not for immediate consumption, excluding candy, soft drinks, and
property other than 130.2035
alcohol (IDs 1002 through 1004 and 1010 through 1020).
drugs and medicines
86 Ill. Adm.
1053 Clothing Taxable 6.25% Code
130.2040
86 Ill. Adm.
There is no deduction for the cost of labor involved in producing the finished item
1054 Clothing - custom made Taxable 6.25% Code
for sale, even when separately stated.
130.2040
Sales of motor fuels, including gasoline, gasohol, and aviation fuel are subject to
86 Ill. Adm.
Use Tax. As of December 31, 2018, biodiesel blends of less than 10% are fully
Code
taxable. Biodiesel blends of more than 10% but no more than 99% biodiesel, 100
130.2060
1055 Motor fuel Taxable 6.25% percent biodiesel, and majority blended ethanol fuel are 100% exempt from Use
and 86 Ill.
Tax. Exemptions are reported on Schedule A, Deductions, on Form ST-1, Sales
Adm. Code
and Use Tax and E911 Surcharge Return. Use Tax for Aviation Fuel is reported on
Part 500
Form ST-70.
86 Ill. Adm.
Code
Cigarettes (and little cigars) are subject to Use Tax. Sales of cigarettes into Illinois 130.2060
1056 Cigarettes Taxable 6.25% are also subject to the Cigarette Use Tax. See Excise Tax Rates and Fees for the and 86 Ill.
latest information. Adm. Code
Parts 440,
450, and 660
Feeds sold for feeding livestock or poultry for marketing, or for producing dairy
Feeds – sold for
products or eggs for marketing, are not a sale for use or consumption. Such sales 86 Ill. Adm.
livestock which is for Non-
1066 of feeds are deemed to be sales, for purposes of resale, of the property which, "as Code
sale at market or for Taxable
an ingredient or constituent goes into and forms a part of tangible personal 130.2100
producing dairy or eggs
property, subsequently the subject of a 'sale at retail.’”
86 Ill. Adm.
1067 Floor coverings Taxable 6.25% See regulation for exceptions. Code
130.2101
Books, sheet music, 86 Ill. Adm.
Does not include digital transfers. See Digital books, digital music, and other digital
1068 musical recordings (CDs Taxable 6.25% Code
media (ID 1069).
and other media) 130.2105
Information or data that is downloaded electronically, such as downloaded books,
Digital books, digital musical recordings, digital photographic files, newspapers or magazines, does not 86 Ill. Adm.
Non-
1069 music, and other digital constitute the transfer of tangible personal property and is not subject to Use Tax. Code
Taxable
media Sales of downloads of computer software are generally taxable. See Computer 130.2105
software (IDs 1031 through 1033).
The newsprint and ink exemption applies to newspapers and magazines. See the 86 Ill. Adm.
Newspapers and Non-
1070 regulation to determine whether a publication qualifies as a newspaper or Code
magazines Taxable
magazine according to the newsprint and ink exemption. 130.2105
86 Ill. Adm.
Seeds and fertilizer – Seeds and fertilizers that are used in producing agricultural products for sale are
1071 Exempt Code
resale exempt. See Form CRT-61.
130.2110
86 Ill. Adm.
Seeds and fertilizer – not Seeds and fertilizers that are not used in production agriculture are not exempt
1072 Taxable 6.25% Code
for resale (e.g., seeds or fertilizer for lawns or home or private gardens).
130.2110
Sales of machinery and tools not made on special order are sales of tangible
86 Ill. Adm.
Machinery, tools, and personal property and are subject to Use Tax. Machinery and tools produced on
1073 Taxable 6.25% Code
special-order items order that serve the same function as a standard item or that is an alteration of a
130.2115
standard item are still subject to Use Tax.
Machinery, tools, and
Special orders of machinery and tools "of use or value only to the purchaser" (e.g., 86 Ill. Adm.
special-order items - Non-
1074 tools, dies, jigs, patterns, gauges, models, exhibits, and the like) are not taxable if Code
when considered a sale Taxable
they meet the criteria listed in the regulation. See regulation. 130.2115
of service
Signs which have use or value, even when produced on special order, are subject 86 Ill. Adm.
Signs - with commercial
1077 Taxable 6.25% to Use Tax. Examples: "Parking" "Real Estate" or computerized signs that can be Code
value
programmed with inputs (but without a personalized casing). 130.2155
86 Ill. Adm.
Signs - with value only to Non- Retailers are not required to collect Use Tax on signs which have value only to the
1078 Code
purchaser Taxable purchaser.
130.2155
86 Ill. Adm.
Steam sold for use or consumption is subject to Use Tax when the condensate is
1079 Steam Taxable 6.25% Code
not returned to the retailer. See regulation.
130.2156
Tangible personal property sold to purchasers who give such property away for
Tangible personal
premiums, advertising, prizes, or for any other reason, apart from their sale of
property employed for
other tangible personal property or service, is considered the sale of tangible 86 Ill. Adm.
premiums, advertising,
1080 Taxable 6.25% personal property at retail and as such is subject to tax (e.g., calendars, coffee Code
prizes, etc. - when
mugs, and pens which are sold to a dealer who gives the items away as part of a 130.2160
responsible for
sales promotion or advertising campaign, apart from the dealer’s sale of other
collecting Use Tax tangible personal property or service).
Purchases of low sulfur dioxide emission coal-fueled devices are exempt from the
Low sulfur dioxide Use Tax. This exemption extends to and includes the purchase of such a device, 86 Ill. Adm.
3005 emission coal-fueled Exempt or materials to construct such a device which are physically incorporated into the Code
devices device, by a contractor who retransfers the device to his purchaser in fulfillment of 130.335
a contract to furnish such a device to, and install it for, his purchaser.
Coal exploration, mining,
off highway hauling, 86 Ill. Adm.
3006 processing, maintenance, Exempt Exemption applies until July 1, 2023 (35 ILCS 105/3-5) Code
and reclamation 130.350
equipment
Aggregate exploration,
mining, off highway 86 Ill. Adm.
3007 hauling, processing, Exempt Exemption applies until July 1, 2023 (35 ILCS 105/3-5) Code
maintenance, and 130.351
reclamation equipment
A person computing Use 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 86 Ill. Adm.
3012 Federal taxes federal government. Federal excise taxes imposed upon the manufacture or Code
production of tangible personal property, and Federal processing taxes, 130.445
compensating taxes, importation taxes and taxes on floor stocks are not
deductible. See regulation.
Installation, alteration, When installation, alteration, and service charges are not separately agreed 86 Ill. Adm.
3017 and special service Taxable 6.25% upon and separately stated (see regulation), they are considered part of the Code
charges – when taxable selling price and subject to tax. 130.450
Installation, alteration,
When installation, alteration, and service charges are separately agreed upon 86 Ill. Adm.
and special service Non-
3018 and separately stated (see regulation), they are considered services and are not Code
charges – when non- taxable
subject to tax. 130.450
taxable
86 Ill. Adm.
Sales by exclusively
There are very limited circumstances when these types of organizations are not Code
3020 charitable, religious, or Taxable
required to collect Use Tax from their purchasers. 130.2005(a)(
educational organizations
3)
Sales of tangible items by
schools - soft drinks, 86 Ill. Adm.
3021 candy, popcorn, vending Taxable 6.25% Schools must collect tax on sales of tangible property. Code
machine sales, and book 130.2006
store sales
Purchasers must qualify as a government entity or an exclusively religious,
Sales to lodges, nonprofit
charitable, or educational organization to qualify to receive a Sales Tax
associations, nonprofit 86 Ill. Adm.
Exemption Number from IDOR. To make a tax-free purchase the purchaser must
3022 corporations, labor Taxable Code
present a valid E-number to the retailer at the time of purchase. Non-profit status
unions, civic clubs, and 130.2005
with the IRS is not sufficient to qualify for a Sales Tax Exemption without other
patriotic organizations consideration.
Sales of tangible personal property made to a governmental body (federal, state, 86 Ill. Adm.
Sales to governmental local or foreign) are exempt from the tax only if the governmental body has a Code
3025 Exempt
bodies valid E-number issued by IDOR and it provides this valid E-number to the retailer 130.2080
at the time of purchase, who records the number instead of collecting the tax. and 150.332
The Prepaid Wireless E911 Surcharge is a charge imposed on the consumer and collected by retailers
50 ILCS
when a retail transaction takes place that includes prepaid wireless telecommunications service. It is
Prepaid Wireless E-911 753/15 and
4006 reported on Form ST-1. Retailers are subject to the surcharge. The surcharge is 3% per retail
surcharge ST-15-0008-
transaction. In the city of Chicago, the surcharge is 9% per retail transaction. IDOR collects the tax on
PLR
behalf of the city of Chicago on Form ST-1.
35 ILCS
4007 Sales of wireless services See Telecommunications Excise Tax Act. Sales of wireless service are not subject to sales tax. 630/1, et
seq.
35 ILCS
See Telecommunications Excise Tax Act. Sales of telecommunications service are not subject to sales
4008 Telecommunications 630/1, et
tax.
seq.
86 Ill. Adm.
Code
Watercraft and aircraft - Marketplace facilitators, marketplace sellers, and remote sellers are not required to collect and remit
4009 130.111,
sales Use Tax on aircraft and certain watercraft.
130.540, and
150.705