Enlarge image | Illinois Department of Revenue Publication 116 January 2022 Chicago Soft Drink Tax The information in this publication is current as of the date of the About this publication publication. Please visit our website at Knowing how Illinois tax laws apply to your business can save you tax.illinois.gov to verify you have the time and money. The information included in this publication will most current revision. supply you with the general sales tax information most Chicago soft This publication is written in the plain drink retailers need, help you collect the proper amount of tax due, English style so the tax information is and help you file your returns correctly. easier to understand. As a result, we do not directly quote Illinois statutes As a retailer of canned or bottled soft drinks in Chicago, you are or the Illinois Administrative Code. responsible for The contents of this publication are • collecting the correct amount of tax on every applicable soft informational only and do not take drink sale you make, the place of statutes, rules, or court decisions. For many topics covered • properly documenting the tax-exempt sales you make, in this publication, we have provided • sending a payment for the tax owed along with your properly a reference to the applicable section completed Form ST-14, Chicago Soft Drink Tax Return, by the or part of the Illinois Administrative due date, to the Illinois Department of Revenue, and Code for further clarification or more • keeping complete and accurate books and records for all soft detail. All of the sections and parts drink sales. referenced can be found in Title 86 of the Code. Taxpayer Bill of Rights You have the right to call the Illinois Department of Revenue (IDOR) for help in resolving tax problems. You have the right to privacy and confidentiality under most tax laws. You have the right to respond, within specified time periods, to IDOR notices by asking questions, paying the amount due, or providing proof to refute IDOR’s findings. You have the right to appeal IDOR decisions, in many instances, within specified time periods, by asking for IDOR review or by taking the issue to court. If you have overpaid your taxes, you have the right, within specified time periods, to a credit (or, in some cases, a refund) of that overpayment. For more information about these rights and other IDOR procedures, you may write us at the following address: PROBLEMS RESOLUTION OFFICE ILLINOIS DEPARTMENT OF REVENUE PO BOX 19014 SPRINGFIELD, IL 62794-9014 Get forms and other information faster and easier at tax.illinois.gov PUB-116 (R-06/22 back reformatted) |
Enlarge image | Chicago Soft Drink Tax Contents Legal Reference .............................................................3 Overview ....................................................................3 Tax Rate .................................................................3 General Information What transactions are exempt from this tax? .....................................4 How do I show this tax on my retail receipts?. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .4 Who pays tax on soft drinks sold in vending machines? ............................4 Do I owe Chicago Soft Drink Tax on fountain drinks?. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .4 How does the Leveling the Playing Field for Illinois Retail Act affect out-of-state retailers that sell soft drinks?. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .4 How does the Leveling the Playing Field for Illinois Retail Act affect soft drink sales through a marketplace?. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .4 What are the marketplace facilitator’s Chicago Soft Drink Tax responsibilities?. . . . . . . . . . .5 What are the tax remittance thresholds? ........................................5 What books and records must I keep? ..........................................6 Registration Information If I am starting my business, how do I register my account? .........................7 If I am registered as a retailer but will sell soft drinks in Chicago, what do I need to do?. . . .7 Are there any different registration requirements if I am a marketplace facilitator? ........7 Forms and Filing Information How do I report the Chicago Soft Drink Tax? . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .8 How do I file if I have more than one site? .......................................8 Must I file Form ST-14 if I have no sales to report? . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .8 When is my return and tax payment due? .......................................8 Is there an incentive for paying the tax I owe on time? ..............................8 Where do I file my Form ST-14? . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .8 What if I do not file and pay by the due date?. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .9 What if I make a mistake on my Form ST-14? ....................................9 Questions and Electronic Services ...........................................9 Office locations .............................................................10 PUB-116 (R-06/22 back reformatted) Page 2 of 10 |
Enlarge image | Chicago Soft Drink Tax Legal Reference For statutory information, please see 65 ILCS 5/8-11-6b. Overview The Chicago Home Rule Municipal Soft Drink The following list includes examples of drinks that Occupation Tax is imposed on retailers of canned are not included in the definition of soft drinks: or bottled soft drinks in the city of Chicago • fountain drinks; including • unsweetened teas; • in-state retailers located in the city of Chicago; • coffee; • out-of-state retailers with selling activity in the city of Chicago (i.e. physical presence, see, • beverages containing milk or milk products; e.g., 86 Ill. Adm. Code 270.115) OR with sales • infant formula; of inventory located in the city of Chicago; • soy, rice, or similar milk substitutes; • remote retailers without physical presence • drinks containing greater than 50 percent of or inventory in Illinois who meet or exceed a natural fruit or vegetable juice; tax remittance threshold and make sales to • carbonated or uncarbonated water that purchasers in the city of Chicago; contains no sweeteners; • marketplace facilitators whose marketplace • nonalcoholic drink mixes; and meets or exceeds a tax remittance threshold and who make sales over the marketplace to • soft drinks when mixed and sold in an alcoholic purchasers in the city of Chicago on behalf of drink. marketplace sellers; and A retailer of canned or bottled soft drinks in • marketplace facilitator’s own sales when: Chicago is responsible for: ` they are making sales fulfilled from inventory • collecting the correct amount of tax on every located in Chicago, or the selling activities applicable soft drink sale they make; otherwise occur in Chicago or • properly documenting the tax-exempt sales ` they meet or exceed a tax remittance they make; threshold, the selling activity is conducted • sending a payment for the tax owed along with outside Illinois, and they are shipping a soft a properly completed Form ST-14, Chicago Soft drink to an address located in the city of Drink Tax Return, by the due date, to the Illinois Chicago. Department of Revenue; and “Soft drinks” include (but are not limited to): • keeping complete and accurate books and • soda; records for all soft drink sales. • sport or energy drink; • sweetened tea; Tax Rate • waters containing natural or artificial The tax rate is 3 percent (.03) of the gross receipts sweeteners; of soft drinks sold at retail in Chicago. Use the • beverages containing 50 percent or less fruit or Tax Rate Database to look up this and other vegetable juice; and applicable tax rates. • all other preparations commonly known as soft drinks. PUB-116 (R-06/22 back reformatted) Page 3 of 10 |
Enlarge image | Chicago Soft Drink Tax General Information What transactions are exempt from this The Leveling the Playing Field for Illinois Retail tax? Act did change the tax remittance requirements for certain out-of-state retailers without physical The same transactions that are exempt from sales presence or without inventory in Illinois. These tax (Illinois Retailers’ Occupation Tax) are also retailers, also known as remote retailers, who meet exempt from this tax. or exceed a tax remittance threshold must collect and remit the Chicago Soft Drink Tax for sales of How do I show this tax on my retail canned or bottled soft drinks made to Chicago receipts? purchasers beginning October 1, 2021. You may either separately state this tax or state this For further information on remote retailers and tax tax in combination with other taxes on the receipts remittance thresholds, visit the Leveling the Playing you give your customers. Field for Illinois Retail Act resource page. Who pays tax on soft drinks sold in How does the Leveling the Playing Field vending machines? for Illinois Retail Act affect soft drink sales through a marketplace? The owner of the soft drinks in the vending machine is liable for the tax. Beginning October 1, 2021, a marketplace facilitator, whose marketplace meets or exceeds a tax remittance threshold, is responsible for Do I owe Chicago Soft Drink Tax on collecting and remitting Chicago Soft Drink fountain drinks? Tax on behalf of their marketplace sellers for No. Fountain drinks (drinks that are prepared by canned or bottled soft drink sales made through mixing a syrup or concentrate with water) are the marketplace to Chicago purchasers. The not subject to this tax and are not reported on marketplace facilitator must certify to all of their Form ST-14. marketplace sellers that they are assuming the rights and duties as the retailer with respect to Note: The city of Chicago does administer a sales made by the sellers over the marketplace. separate tax on fountain soft drinks. That tax must be paid directly to the Chicago Department of If a marketplace does not meet a threshold, the Revenue. marketplace sellers are responsible to collect and remit the Chicago Soft Drink Tax on soft drink sales through that marketplace in certain circumstances. How does the Leveling the Playing Field Illinois (in-state) retailers must collect and remit for Illinois Retail Act affect out-of-state the Chicago Soft Drink Tax if the Illinois location at retailers that sell soft drinks? which a sale occurs is within the city of Chicago. The Leveling the Playing Field for Illinois Retail Act Out-of-state retailers must collect and remit the did not change the tax remittance requirements Chicago Soft Drink Tax if they: for out-of-state retailers with physical presence or • have physical presence in the city of Chicago with inventory in Chicago. Those retailers are still and are making soft drink sales that are required to collect and remit the Chicago Soft Drink conducted, shipped, or finalized in Chicago; or Tax on sales of canned or bottled soft drinks in the city of Chicago. • do not have physical presence in Illinois but meet or exceed a tax remittance threshold and are shipping a soft drink to an address located in the city of Chicago. PUB-116 (R-06/22 back reformatted) Page 4 of 10 |
Enlarge image | Chicago Soft Drink Tax General Information Likewise, affiliates of marketplace facilitators, • they are an Illinois (in-state) retailer and the whether the marketplace meets or exceeds a sale occurs within the city of Chicago; threshold or not, are required to collect and remit • they are an out-of-state retailer with physical the soft drink tax on their own behalf for applicable presence in the city of Chicago and are making soft drink sales made over the marketplace. soft drink sales that are conducted, shipped, or Affiliates must determine what type of retailer finalized in Chicago; or they are (see bullets directly above) to determine • they are an out-of-state retailer without physical whether they must collect and remit the Chicago presence in Illinois but meet or exceed a Soft Drink Tax. tax remittance threshold and are shipping a Marketplace facilitators and marketplace sellers soft drink to an address located in the city of must have an agreement or contract that Chicago (beginning October 1, 2021). explains the responsibilities of both parties. IDOR A marketplace facilitator must register for their encourages marketplace sellers to contact their sales on behalf of marketplace sellers (marketplace marketplace facilitator with questions about their facilitator soft drink account) separately from agreement. their own soft drink sales account. Likewise, For further information on marketplace facilitators, a marketplace facilitator must file separate affiliates, and tax remittance thresholds, visit the Forms ST-14 when remitting the Chicago Soft Leveling the Playing Field for Illinois Retail Act Drink Tax; one Form ST-14 for their marketplace resource page. facilitator sales and a separate Form ST-14 for their own soft drink sales. What are the marketplace facilitator’s Chicago Soft Drink Tax responsibilities? What are the tax remittance thresholds? Beginning October 1, 2021, marketplace The tax remittance thresholds are facilitators, whose marketplace meets or exceeds • $100,000 or more in cumulative gross receipts a tax remittance threshold, are responsible for from sales of tangible personal property to collecting and remitting the Chicago Home Rule purchasers in Illinois; or Municipal Soft Drink Retailers’ Occupation Tax on • 200 or more separate transactions for the sale behalf of marketplace sellers for all sales of soft of tangible personal property to purchasers in drinks made through the marketplace and delivered Illinois. to purchasers within the city of Chicago. In other words, if a marketplace facilitator meets or exceeds For further information on tax remittance a tax remittance threshold, they must collect the thresholds, visit the Leveling the Playing Field for applicable Chicago Soft Drink Tax on behalf of their Illinois Retail Act resource page. marketplace sellers and remit them to IDOR. In addition, if a marketplace facilitator sells its own soft drinks, whether made through the marketplace or not, their soft drink sales may be subject to the Chicago Soft Drink Tax. They must collect and remit Chicago Soft Drink Tax on their own sales of soft drinks if: PUB-116 (R-06/22 back reformatted) Page 5 of 10 |
Enlarge image | Chicago Soft Drink Tax General Information What books and records must I keep? The requirements for keeping books and records can be found in Publication 113, Retailer’s Overview of Sales and Use Tax, Prepaid Wireless E911 Surcharge, and Illinois Telecommunications Access Corporation (ITAC) Assessment. A marketplace seller must maintain books and records for all sales made through a marketplace even if the marketplace facilitator has assumed the responsibility for collecting and remitting the taxes. A marketplace facilitator must maintain books and records for all sales made through the marketplace and provide these records to IDOR upon request. The books and records must contain the name, address, and FEIN of all marketplace sellers making sales through the marketplace. Note: Marketplace facilitators should, if possible, separately state the various state and local retailers’ occupation taxes remitted to IDOR (as well as the taxes remitted to other local taxing authorities, such as local governments that impose and administer their own restaurant tax) on records of each transaction provided to marketplace sellers. PUB-116 (R-06/22 back reformatted) Page 6 of 10 |
Enlarge image | Chicago Soft Drink Tax Registration Information If I am starting my business, how do I Are there any different registration register my account? requirements if I am a marketplace For detailed information about registering an facilitator? account, see Publication 113, Retailer’s Overview Marketplace facilitators must register for separate of Sales and Use Tax, Prepaid Wireless E911 Chicago Soft Drink Tax accounts, one to report Surcharge, and Illinois Telecommunications Access sales they make on behalf of marketplace sellers Corporation (ITAC) Assessment. (marketplace facilitator account) and the other The easiest way to register with IDOR is to register to report their own sales. Marketplace facilitators electronically using MyTax Illinois. must check the marketplace facilitator checkbox on Form REG-1 when registering their facilitator For additional information about registering account. When registering by mail or fax, with IDOR and for registration forms, such as marketplace facilitators must also attach Schedule the Form REG-1, Illinois Business Registration REG-1-MKP, Marketplace Facilitator Information, to Application, visit the registration section of our your Form REG-1. website. Note: When completing Form REG-1, Illinois Business Registration Application, ensure that you check the box labeled “Chicago Soft Drink Tax” when registering in MyTax Illinois or “Soft drinks (other than fountain soft drinks) in Chicago” when registering by mail or fax using the Form REG-1 found on our website. If I am registered as a retailer but will sell soft drinks in Chicago, what do I need to do? If you have a MyTax Illinois account, you can register for new tax accounts, including a Chicago Soft Drink Tax account, by simply logging into your existing MyTax Illinois account and clicking on ‘Register for New Tax Accounts’ to complete registration. Otherwise, contact the Central Registration Division by e-mailing us at REV.CENTREG@ illinois.gov, calling 217 785-3707, or writing us at: CENTRAL REGISTRATION DIVISION ILLINOIS DEPARTMENT OF REVENUE PO BOX 19030 SPRINGFIELD IL 62794-9030 PUB-116 (R-06/22 back reformatted) Page 7 of 10 |
Enlarge image | Chicago Soft Drink Tax Forms and Filing Information How do I report the Chicago Soft Drink When is my return and tax payment due? Tax? You must file your Form ST-14 and pay any tax due All retailers of soft drinks (not fountain) in Chicago on or before the 20th day of the month following must file Form ST-14, Chicago Soft Drink Tax the end of the reporting period. It will be the same Return, for each reporting period and pay the tax as the reporting period for your Form ST-1. We will collected from retail sales made. notify you if your filing status changes. • Form ST-14, Chicago Soft Drink Tax Return | Note: Any time a due date falls on a weekend or Instructions state recognized holiday, we adjust the due date to • Form ST-14-X, Amended Chicago Soft Drink the next business day. Tax Return | Instructions Is there an incentive for paying the tax I Note: If you are a marketplace facilitator, you are required to file separate Forms ST-14 for each owe on time? period, one for your sales on behalf of marketplace Yes. If you file your Form ST-14 and pay the tax on sellers (marketplace facilitator soft drink sales) and time, you are allowed to take a discount of 1.75 one for your own soft drink sales. percent of the tax you collected on receipts from sales. How do I file if I have more than one site? Where do I file my Form ST-14? Because the Chicago Soft Drink Tax is imposed You can file Form ST-14 electronically using MyTax city wide, the same rate of tax is due at any site Illinois. in Chicago where you make your sales. For each Forms ST-14 also can be electronically filed using reporting period, report the combined sales from all software you write or that you buy or use from of your sites or locations on the same Form ST-14. an accepted vendor (third party). Visit IDOR’s Approved Third Party Software Vendor webpage Must I file Form ST-14 if I have no sales for a list of vendors that have been approved to to report? electronically submit these forms. These vendors Yes. You must file a processable (signed) may charge a transaction fee. If you electronically Form ST-14 for each reporting period regardless of file using your own software, you must first obtain whether or not there are receipts to report. You may IDOR approval. file a “zero” return. For paper forms, mail your Form ST-14 to the Note: If all of your sales for the month are through address printed on the form. If no address is a marketplace and the marketplace facilitator, who available, please mail your return to: meets a tax remittance threshold, is responsible CHICAGO SOFT DRINK TAX ADMINISTRATION for your marketplace sales, you must file a “zero” ILLINOIS DEPARTMENT OF REVENUE return for that month. However, if all of your sales PO BOX 19034 are always through a marketplace facilitator, who SPRINGFIELD IL 62794-9034 meets a tax remittance threshold, you may be able Do not mail Form ST-14 with any other type of to close your account. For more information about return. marketplace facilitators, see the Resource Page for the “Leveling the Playing Field for Illinois Retail Act.” PUB-116 (R-06/22 back reformatted) Page 8 of 10 |
Enlarge image | Chicago Soft Drink Tax Forms and Filing Information What if I do not file and pay by the due What if I make a mistake on my date? Form ST-14? If you do not file your Form ST-14 and pay the If, after you file your Form ST-14, you find you tax due by the due date, you will be assessed for made a mistake that resulted in an overpayment or any tax due (including any portion of the discount an underpayment, you must file an amended return for timely filing that we have disallowed) plus (Form ST-14-X). penalty and interest. For detailed information about You may file Form ST-14-X, Amended Chicago the penalties and interest that may apply, see Soft Drink Tax Return, using MyTax Illinois. Publication 103, Penalties and Interest for Illinois Form ST-14-X is also available in the forms area of Taxes. IDOR’s website. Note: When sent through the U.S. mail, items For help completing your amended return, are considered to be received by the department please call the Taxpayer Assistance Division at on the date of the post office cancellation mark. 1 800 732-8866 or 1 217 782-3336. Private postage meters are not used to establish the date of receipt. If items are not sent through the U.S. mail, they are considered to be received on the date the department actually receives them. Questions and Electronic Services Questions? • Call us at: 1 217 785-3707 for a pre-printed return or 1 800 732-8866 for questions • Call TDD: 1 800 544-5304 • Mail your ST-14 and ST-14-X forms to: CHICAGO SOFT DRINK TAX ADMINISTRATION PO BOX 19034 SPRINGFIELD IL 62794-9034 Electronic Services • MyTax Illinois • Approved Third Party Software Vendors for Sales and Use Tax • ACH Credit PUB-116 (R-06/22 back reformatted) Page 9 of 10 |
Enlarge image | Chicago Soft Drink Tax Office Locations Suburban North Regional Building 9511 Harrison Street FA 203 Des Plaines, Illinois 60016-1563 200 South Wyman Street Rockford, Illinois 61101-1237 555 West Monroe Street Suite 1100 Chicago, Illinois 60661-3605 Willard Ice Building 101 West Jefferson Springfield, Illinois 62702-5145 15 Executive Drive Business Center One, Suite 2 Fairview Heights, Illinois 62208-1331 2309 W. Main, Suite 114 Marion, Illinois 62959-1196 Contact Information Visit our website at tax.illinois.gov. For specific phone number and email contacts, see our Contact Us page. Call us at 1 800 732-8866 or 217 782-3336. Call our TDD (telecommunications device for the deaf) at 1 800 544-5304. Write us at Illinois Department of Revenue, PO Box 19001, Springfield, IL 62794-9001. Call our 24-hour Forms Order Line at 1 800 356-6302. PUB-116 (R-06/22 back reformatted) Printed by authority of the State of Illinois, Web only, one copy Page 10 of 10 |