Kishwaukee Auto Corral, Inc. v. Illinois Department of Revenue

Illinois Appellate Court
Civil Court
Retailers’ Occupation Tax Act
Citation
Case Number: 
2021 IL App (1st) 200236
Decision Date: 
Monday, November 8, 2021
District: 
1st Dist.
Division/County: 
Cook Co., 1st Div.
Holding: 
Reversed.
Justice: 
COGHLAN

Plaintiff, a used car dealership, sells cars via installment loan contracts and is thus both a retailer and a lender. Cash basis retailers such as Plaintiff, that prepay Retailers' Occupation Tax (ROT) on goods sold through installment contracts are entitled to take as a deduction the amount charged off by the retailer. Thus, Plaintiff is entitled to a refund of paid ROT on vehicles sold through installment contracts that ended in the buyers' default. (HYMAN and WALKER, concurring.)