(a) Every retail tobacco dealer and every wholesale tobacco dealer, who possesses cigarette packages to which City of Chicago tax stamps are affixed or who possesses unused City of Chicago tax stamps purchased prior to the effective date of a City of Chicago tax increase, shall file with the department, on a form prescribed by the comptroller, a tax return attesting to the number of city tax stamps in its possession as of the last day prior to the tax increase and pay to the department the amount of tax due as a result of the tax increase.
(b) Each such tax return due under subsection (a) above shall be filed and received by the department by the 15th day following the effective date of any tax increase.
(c) Every retail tobacco dealer required to file a tax return under this section who does not file such tax return by its due date, or alternatively does not provide all required information on such tax return, or fails to pay all required tax due computed thereon, shall be subject to a penalty of $100.00 per business location required to be reported on the tax return, in addition to all other penalties and interest that may be due under the provisions of the Uniform Revenue Procedures Ordinance, Chapter 3-4 of this Code.
(d) Every wholesale tobacco dealer required to file a tax return under this section who does not file such tax return by its due date, or alternatively does not provide all required information on such tax return, or fails to pay all required tax due computed thereon, shall be subject to a penalty of $1,000.00, in addition to all other penalties and interest that may be due under the provisions of the Uniform Revenue Procedures Ordinance, Chapter 3-4 of this Code.
(e) If the comptroller determines that a party to whom the penalties in paragraphs (c) and (d) of this section has accrued had reasonable cause for paying late, underpaying the applicable tax, or filing a late or incomplete tax return, then the applicable penalty shall be waived.
(f) The comptroller, or his or her designee, may at any time during the statute of limitations outlined in Section 3-4-120 of this Code, examine the books and records of any party required to file a tax return under this section and may issue a tax determination and assessment to the party as per Section 3-4-160 of this Code if a determination is made that any amount of tax, penalty or interest is due.
(g) Every party required to file a tax return under this section who files a complete tax return by its due date and makes timely payment of the amount computed thereon shall be eligible to retain a commission in the amount of one percent of the tax computed due thereon.
(Added Coun. J. 12-9-92, p. 25465; Amend Coun. J. 5-4-94, p. 49311; Amend Coun. J. 3-31-04, p. 20916, § 3.14; Amend Coun. J. 12-14-05, p. 66648, § 1; Amend Coun. J. 11-16-11, p. 13798, Art. I, § 3)