Legal Question in Tax Law in Illinois

Sales

Do I need to collect sales tax on signs I make and

sell to stores to attach to their buildings?


Asked on 5/25/04, 2:37 pm

1 Answer from Attorneys

John Pembroke John J. Pembroke & Associates LLC

Re: Sales

Yes, your sales would be treated as sales at retail, and subject to sales tax assessed and collected by you, unless you obtained a certificate of resale or a sales tax number from your customer. The reason is that the customer is picking up the signs from you, and at that point, the signs are personal property and are being sold to the user.

A third exception could be that you install the sign yourself, and it was treated as a fixture,i.e. part of the building, and thus real estate, and thus not subject to sales tax. On that last point, I would want to confirm it with research.

Our comments are based on treating your question as a hypothetical. Accordingly, our comments could be substantially and materially different were we advised of all of the relevant facts and circumstances. Our comments are by necessity general in nature, and should not be relied upon in taking or forgoing action in your circumstances without retaining an attorney. In order to fully explore your legal matter, you should meet with us or another attorney and bring to any such meeting all relevant documents and correspondence, and any other relevant facts.

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As you are aware, in Illinois there are various deadlines for filing a complaint, filing an answer to a complaint, or taking other action in order to preserve your legal rights, and avoid a complete loss of those rights. You should retain counsel immediately in order to be fully advised of your rights, and to be fully informed of the applicable time period within which those rights must be asserted. If you were to delay in doing so, it might result in your potential cause of action being forever barred.

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Answered on 5/25/04, 5:22 pm


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