# 86 Ill. Adm. Code 6600.660.24: Section 660.24 Books and Records; Invoices – Retailers

> Illinois · Regulations · In force

URL: https://www.frixlaw.com/law-library/statutes/STATE_IL_IAC_T86_P6600_S660_24

## Section

- **Citation:** 86 Ill. Adm. Code 6600.660.24
- **Heading:** Section 660.24 Books and Records; Invoices – Retailers
- **Jurisdiction:** Illinois
- **Kind:** Regulations
- **Status:** In force
- **Text as of:** August 14, 2026
- **Source:** Compiled text
- **Location:** Illinois Administrative Code / Title 86  /  / Part 6600  / Section 660.24 Books and Records › Invoices – Retailers

## Text

TITLE 86: REVENUE
CHAPTER I: DEPARTMENT OF REVENUE
PART 660 TOBACCO PRODUCTS TAX ACT OF 1995
SECTION 660.24 BOOKS AND RECORDS; INVOICES – RETAILERS
Section 660.24  Books and
Records; Invoices – Retailers
a)
Every
retailer, as defined in Section 10-5
of the Act
, whether or not the
retailer has obtained a retailer's license pursuant to Section 4g, shall keep
complete and accurate records of tobacco products held, purchased, sold, or
otherwise disposed of, and shall preserve and keep all invoices, bills of
lading, sales records, and copies of bills of sale, returns and other pertinent
papers and documents relating to the purchase, sale, or disposition of tobacco
products.
1)
The books and
records need not be maintained on the licensed premises, but must be maintained
in the State of Illinois.  However, all original invoices or copies
of those invoices
covering purchases of tobacco
products must be retained on the licensed premises for a period of 90 days
after purchase, unless the Department has granted a waiver in response to a
written request in cases
in which
records are kept at a central business
location within the State of Illinois.
[35 ILCS 143/10-35(b)]  Prior to
removing the books and records from the licensed premises, the retailer shall
notify the Department that the books and records will be kept at another
location in Illinois and shall identify the location.  Under those
circumstances, books and records may be kept at that location in Illinois, but
the taxpayer shall, within a reasonable time after notification by the
Department, make all pertinent books, records, papers, and documents available
within 30 days at the licensed premises or an agreed upon
location by the Department
for the purpose of inspection and audit as
the Department may deem necessary.
2)
Books and
records may be maintained out of state if access is available electronically
axpayer shall, within a reasonable time after notification by the
Department, make all pertinent books, records, papers, and documents available
within 30 days at the licensed premises or an agreed upon
location by the Department
for the purpose of inspection and audit as
the Department may deem necessary.
2)
Books and
records may be maintained out of state if access is available electronically.
However, all original invoices or copies
of those
invoices
covering purchases of tobacco products must be retained on
the licensed premises for a period of 90 days after purchase, unless the
Department has granted a waiver in response to a written request in cases
in
which
records that are available electronically are maintained out of state.
[35 ILCS 143/10-35(b)]
3)         The Department will grant a written waiver
under subsections (a)(1) and (2) when the following requirements are met by the
retailer:
A)        The retailer submits a letter to the
Department containing:
i)          the retailer's license number and FEIN;
ii)         the address or addresses of the licensed
premises where records are currently maintained;
iii)        the address of the
out-of-State
location where the retailer intends to maintain the
records;
iv)
if the records
are maintained out of State,
an explanation of the process and system
that will enable the Department or its duly authorized employees to
electronically access the records from the licensed premises on demand; and
v)         an acknowledgement by the retailer that the
Department, upon 30 days written notice, may revoke the waiver of the retailer
for one or more licensed premises if the retailer:
●
fails
to provide electronic access in accordance with the requirements of the written
waiver;
●
transfers
or sells the licensed premises to another person; or
●
changes
the process or system for providing access to the records electronically
he retailer that the
Department, upon 30 days written notice, may revoke the waiver of the retailer
for one or more licensed premises if the retailer:
●
fails
to provide electronic access in accordance with the requirements of the written
waiver;
●
transfers
or sells the licensed premises to another person; or
●
changes
the process or system for providing access to the records electronically.
B)        For books and records maintained out of
state, the Department is given access electronically to accurate records of
tobacco products held, purchased, sold, or otherwise disposed of; invoices;
bills of lading; sales records; copies of bills of sale, returns, and other
pertinent papers; and documents relating to the purchase, sale, or disposition
of tobacco products kept at the licensed premises in the normal course of
business at the time of the request; and
C)        For books and records maintained out of
state, the Department has tested the process and system from the licensed
premises and verified that the Department and its duly authorized employees
have access electronically to the required records from the licensed premises
on demand.
b)
Books, records, papers, and documents
that are required by
the
Act to be kept
shall
be kept in the English language, and
shall, at all times during
the usual business hours of the day, be subject to inspection by the Department
or its duly authorized agents and employees.  The books, records, papers, and
documents for any period with respect to which the Department is authorized to
issue a notice of tax liability shall be preserved until the expiration of that
period
, which is 3 to 3½ years for filed returns
.
[35 ILCS 143/10-35(c)]
c)
Whenever any
retailer
obtains tobacco products from an unlicensed
in-state or out-of-state distributor or person, a prima facie presumption shall
arise that the tax imposed by
the
Act on such tobacco products has not
been paid in violation of
the
Act
ce of tax liability shall be preserved until the expiration of that
period
, which is 3 to 3½ years for filed returns
.
[35 ILCS 143/10-35(c)]
c)
Whenever any
retailer
obtains tobacco products from an unlicensed
in-state or out-of-state distributor or person, a prima facie presumption shall
arise that the tax imposed by
the
Act on such tobacco products has not
been paid in violation of
the
Act.  Invoices or other documents kept in
the normal course of business in the possession of a person reflecting
purchases of tobacco products from an unlicensed in-state or out-of-state
distributor or person or invoices or other documents kept in the normal course
of business obtained by the Department from in-state or out-of-state
distributors or persons, are sufficient to raise the presumption that the tax
imposed by
the
Act has not been paid.  If a presumption is raised, the
Department may assess tax, penalty, and interest on the tobacco products.
[35 ILCS 143/10-38]
d)
Every
retailer
who
purchases tobacco products for resale for shipment into Illinois from a point
outside Illinois shall procure invoices in duplicate covering each shipment and
shall make the invoices available for inspection upon demand by a duly
authorized employee of the Department, and shall, if the Department so
requires, furnish one copy of each invoice to the Department at the time of
filing the return required by
the
Act.
[35 ILCS 143/10-40]
e)         Every retailer who purchases
rolls, made wholly or in part of tobacco, when those
rolls have an integrated cellulose acetate filter and a wrapper or cover that
is made in whole or in part of tobacco and the rolls are contained in packages
of 20 or 25, shall procure an invoice from the seller that states whether the
rolls weigh less than 4 pounds per thousand or weigh 4 pounds or more per
thousand
y retailer who purchases
rolls, made wholly or in part of tobacco, when those
rolls have an integrated cellulose acetate filter and a wrapper or cover that
is made in whole or in part of tobacco and the rolls are contained in packages
of 20 or 25, shall procure an invoice from the seller that states whether the
rolls weigh less than 4 pounds per thousand or weigh 4 pounds or more per
thousand.  If a person fails to produce an invoice for inspection by the
Department upon request that states whether the rolls weigh less than 4 pounds
per thousand or weigh 4 pounds or more per thousand, a prima facie presumption
shall arise that the rolls weigh less than 4 pounds per thousand.  If the rolls
do not contain a tax stamp in accordance with Section 10-10 of the Act, the
rolls are contraband and subject to seizure and forfeiture.
f)
The
Department may, after notice and a hearing, revoke, cancel, or suspend the
license of any retailer who fails to keep books and records as required under
the
Act,
fails to make books and records available for inspection upon demand by a duly
authorized employee of the Department, or violates this
Section
. The
notice shall specify the alleged violation or violations upon which the
revocation, cancellation, or suspension proceeding is based.
[35 ILCS 143/10-25]
Any retailer aggrieved by any decision of the Department under this
Section may, within 30 days after notice of the decision, protest and request a
hearing.  Upon receiving a request for a hearing, the Department shall give
notice in writing to the retailer requesting the hearing that contains a
statement of the charges preferred against the retailer and that states the
time and place fixed for the hearing.  The Department shall hold the hearing in
conformity with the provisions of the Act and then issue its final
administrative decision in the matter to the retailer
uest for a hearing, the Department shall give
notice in writing to the retailer requesting the hearing that contains a
statement of the charges preferred against the retailer and that states the
time and place fixed for the hearing.  The Department shall hold the hearing in
conformity with the provisions of the Act and then issue its final
administrative decision in the matter to the retailer.  In the absence of a
protest and request for a hearing within 30 days, the Department's decision
shall become final without any further determination being made or notice
given.

## Nearby sections

- [86 Ill. Adm. Code 6600.660.5 Section 660.5  Nature and Rate of Tobacco Products Tax](https://www.frixlaw.com/law-library/statutes/STATE_IL_IAC_T86_P6600_S660_5.md)
- [86 Ill. Adm. Code 6600.660.10 Section 660.10  General Definitions](https://www.frixlaw.com/law-library/statutes/STATE_IL_IAC_T86_P6600_S660_10.md)
- [86 Ill. Adm. Code 6600.660.15 Section 660.15  Distributor Licenses](https://www.frixlaw.com/law-library/statutes/STATE_IL_IAC_T86_P6600_S660_15.md)
- [86 Ill. Adm. Code 6600.660.16 Section 660.16  Retailer Licenses](https://www.frixlaw.com/law-library/statutes/STATE_IL_IAC_T86_P6600_S660_16.md)
- [86 Ill. Adm. Code 6600.660.17 Section 660.17  Nicotine Products](https://www.frixlaw.com/law-library/statutes/STATE_IL_IAC_T86_P6600_S660_17.md)
- [86 Ill. Adm. Code 6600.660.20 Section 660.20  Returns](https://www.frixlaw.com/law-library/statutes/STATE_IL_IAC_T86_P6600_S660_20.md)
- [86 Ill. Adm. Code 6600.660.24 Section 660.24  Books and Records; Invoices – Retailers](https://www.frixlaw.com/law-library/statutes/STATE_IL_IAC_T86_P6600_S660_24.md)
- [86 Ill. Adm. Code 6600.660.25 Section 660.25  Books and Records; Invoices - Distributors](https://www.frixlaw.com/law-library/statutes/STATE_IL_IAC_T86_P6600_S660_25.md)
- [86 Ill. Adm. Code 6600.660.30 Section 660.30  Exempt Sales](https://www.frixlaw.com/law-library/statutes/STATE_IL_IAC_T86_P6600_S660_30.md)
- [86 Ill. Adm. Code 6600.660.45 Section 660.45  License Actions:  Revocations, Cancellations, and Suspensions](https://www.frixlaw.com/law-library/statutes/STATE_IL_IAC_T86_P6600_S660_45.md)
- [86 Ill. Adm. Code 6600.660.50 Section 660.50  Penalties, Interest, and Procedures](https://www.frixlaw.com/law-library/statutes/STATE_IL_IAC_T86_P6600_S660_50.md)
- [86 Ill. Adm. Code 6600.660.51 Section 660.51  Protest Procedures for Certain Penalties](https://www.frixlaw.com/law-library/statutes/STATE_IL_IAC_T86_P6600_S660_51.md)
- [86 Ill. Adm. Code 6600.660.60 Section 660.60  Arrest; Search and Seizure Without a Warrant](https://www.frixlaw.com/law-library/statutes/STATE_IL_IAC_T86_P6600_S660_60.md)
- [86 Ill. Adm. Code 6600.660.65 Section 660.65  Seizure and Forfeiture](https://www.frixlaw.com/law-library/statutes/STATE_IL_IAC_T86_P6600_S660_65.md)

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Source: Frix Law Library, https://www.frixlaw.com/law-library/statutes/STATE_IL_IAC_T86_P6600_S660_24. Check the current official text before relying on it. Not legal advice.
