Official Cbs 1 Illinois Form in PDF Open Editor

Official Cbs 1 Illinois Form in PDF

The CBS-1 Illinois form is a document required by the Illinois Department of Revenue for individuals or entities selling or transferring significant business assets. This form must be completed when a business sells or transfers the majority of its stock, furniture, machinery, or real property, particularly when such transactions occur outside the normal course of business. Timely submission of the CBS-1 is crucial, as forms received more than 10 days after the sale date will not be processed.

Open Editor
Navigation

The CBS-1 form, issued by the Illinois Department of Revenue, plays a crucial role in the process of selling or transferring significant business assets. This form is necessary when a business owner sells or transfers the major components of their operation, which may include inventory, furniture, machinery, or real estate. Timeliness is essential; submissions must be made within ten days of the transaction date to ensure processing. Failure to comply could result in the purchaser or transferee being held responsible for any debts incurred by the seller. The form requires detailed information about both the seller and the buyer, including their respective identification numbers and contact details. Additionally, it outlines the terms of the sale, such as the selling price and payment structure, and asks whether the seller's registration numbers will remain active. It is vital for all parties involved to understand that disclosing this information is not just a formality; it is a legal requirement that protects both the seller and the buyer from potential tax liabilities. For those needing assistance, the Illinois Department of Revenue offers support through their Chicago office during business hours, ensuring that all questions can be addressed promptly. Completing the CBS-1 form accurately is a significant step in the transition of business ownership, safeguarding the interests of everyone involved.

Frequently Asked Questions

What is the CBS-1 form used for?

The CBS-1 form is utilized to report the sale, purchase, or transfer of significant business assets in Illinois. This includes the major part of stock, furniture, fixtures, machinery, equipment, or real property. It is essential for ensuring that the Illinois Department of Revenue is informed about such transactions, which helps in the assessment of any applicable taxes.

Who needs to complete the CBS-1 form?

The form must be completed by the seller, purchaser, or transferee involved in the sale or transfer of business assets. If you are selling or transferring a major part of your business assets outside the usual course of business, this form is necessary to fulfill state requirements.

What is the deadline for submitting the CBS-1 form?

It is crucial to submit the CBS-1 form within 10 days following the sale or transfer date. Forms received after this period will not be processed. Timely submission is important to avoid any complications or liabilities that may arise from late reporting.

What happens if the CBS-1 form is not submitted?

If the CBS-1 form is not submitted, the purchaser or transferee may be held liable for any debts incurred by the seller. This includes any taxes owed to the Illinois Department of Revenue. Therefore, it is in the best interest of all parties involved to ensure that the form is completed and submitted promptly.

How should the CBS-1 form be submitted?

The completed CBS-1 form, along with a copy of the sales contract and any financing agreements, should be mailed to the Bulk Sales Unit at the Illinois Department of Revenue in Chicago. Alternatively, the form and sales contract can be faxed to the designated number. Proper submission is key to ensuring that all necessary documentation is received and processed.

What information is required on the CBS-1 form?

The CBS-1 form requires detailed information about the business being sold or transferred, including the business name, tax identification numbers, and addresses. It also requires details about the seller, purchaser, and the terms of the sale or transfer. Accurate information is vital for the processing of the form.

Can I get assistance with filling out the CBS-1 form?

If you need help or have questions regarding the CBS-1 form, you can contact the Illinois Department of Revenue's Chicago office during business hours. They can provide guidance and clarify any uncertainties you may have about the form or the process.

What should I do if I have more questions about the CBS-1 form?

If you have additional questions or need more information about the CBS-1 form, you can call the Illinois Department of Revenue. They are available on weekdays from 8:30 a.m. to 5:00 p.m. to assist with any inquiries you may have regarding the form or related processes.

Is there a penalty for not providing accurate information on the CBS-1 form?

Yes, providing inaccurate information on the CBS-1 form can lead to penalties. The Illinois Department of Revenue requires accurate reporting of all business sales to avoid potential liabilities for the purchaser or transferee. It is essential to ensure that all information is correct and complete before submission.

Form Specifications

Fact Name Fact Description
Purpose The CBS-1 form is used to report the sale, purchase, or transfer of business assets in Illinois.
Who Completes It The seller, purchaser, or transferee must complete the form if they sell or transfer significant business assets.
Assets Covered The form applies to stock of goods, furniture, fixtures, machinery, equipment, and real property.
Submission Deadline Forms must be submitted within 10 days of the sale date to be processed.
Liability The purchaser or transferee may be liable for any debts incurred by the seller.
Contact Information For questions, contact the Chicago office at 312-814-3063 during business hours.
Mailing Address Completed forms should be mailed to the Illinois Department of Revenue, Bulk Sales Unit, 100 West Randolph, Level 7-400, Chicago, IL 60601.
Fax Submission Forms can also be faxed to 312-793-3841 along with the sales contract.
Governing Laws The form is authorized under the Illinois Income Tax Act (35 ILCS 5/902) and the Retailers’ Occupation Tax Act (35 ILCS 120/5j).
Disclosure Requirement Disclosure of the information is required, and failure to provide it may lead to personal liability for the purchaser or transferee.

Common mistakes

  1. Missing Deadline: Submitting the CBS-1 form more than 10 days after the sale date can lead to non-processing of the form.

  2. Incorrect Business Information: Failing to accurately fill in the business name or identification numbers can cause delays or rejections.

  3. Omitting Contact Information: Not providing a daytime phone number for the seller or purchaser can hinder communication with the Illinois Department of Revenue.

  4. Inaccurate Financial Details: Entering incorrect selling prices or values for business assets can lead to complications in tax assessments.

  5. Neglecting Excise Tax Information: Failing to indicate whether excise taxes are applicable may result in unexpected liabilities.

  6. Incomplete Attorney Information: Not providing the name and contact details of the seller’s or purchaser’s attorney can delay processing.

  7. Missing Signatures: The form must be signed by the person submitting it; a missing signature will render the submission invalid.

  8. Incorrect Payment Terms: Providing inaccurate details about payment terms, such as down payment or monthly payment amounts, can lead to disputes.

  9. Failure to Indicate Business Status: Not specifying whether the entire business was sold or transferred can complicate tax responsibilities.

  10. Neglecting to Include Required Documents: Omitting necessary documents, such as the sales contract or financing agreement, can delay processing.

Form Preview

Illinois Department of Revenue

CBS-1 Notice of Sale, Purchase, or Transfer of Business Assets

General information

You (or the purchaser or the transferee) must complete Form CBS-1 if, outside your usual course of business, you sell or transfer the major part of the

stock of goods that you are in the business of selling,

furniture or fixtures,

machinery and equipment, or

real property of your business.

Forms received more than 10 days after the sale date will not be pro- cessed. The purchaser or transferee may be held liable for any debt incurred by the seller.

If you need additional information, you may call our Chicago office weekdays between 8:30 a.m. and 5:00 p.m. at 312 814-3063.

Mail your completed Form CBS-1, a copy of the sales contract, and financing agreement to:

BULK SALES UNIT

ILLINOIS DEPARTMENT OF REVENUE 100 WEST RANDOLPH LEVEL 7-400 CHICAGO IL 60601

You may fax your form and sales contract to us at 312 793-3841.

Part 1: Identify the business being sold or transferred and the identification numbers

1

____________________________________________________

3

_______________________________________

 

Business name

 

 

 

Illinois business tax number (IBT no.) or account identification number

 

2

____________________________________________________

4

___ ___-___ ___ ___ ___ ___ ___ ___ ___ ___ ___

 

Street address

 

 

 

Federal employer identification number (FEIN)

Seq. number

 

 

____________________________________________________

5

___ ___ ___-___ ___-___ ___ ___ ___

 

 

Street address (if needed)

 

 

 

Social Security number

 

 

 

____________________________________________________

6

Are you required to pay any excise taxes?

Yes

No

 

City

State

ZIP

 

Excise tax number ________________________________________

Part 2: Identify the seller or transferor

7

____________________________________________________

9

(

)

 

 

__________________________

 

 

 

Name

 

 

 

Daytime phone number

 

 

8

____________________________________________________

10

 

 

(

)

____________________________________________________

 

Home or mailing address

 

 

 

Name of seller’s or transferor’s attorney

Daytime phone number

 

____________________________________________________

11

____________________________________________________

 

City

State

ZIP

 

Address of attorney

 

 

Part 3: Identify the purchaser or transferee

12

____________________________________________________

14

____________________________________________________

 

Name

 

 

 

Purchaser’s or transferree’s IBT no. and FEIN

(

)

 

 

 

 

 

 

13

____________________________________________________

15

____________________________________________________

 

Home or mailing address

 

 

 

Name of purchaser’s or transferee’s attorney

 

Daytime phone number

 

____________________________________________________

16

____________________________________________________

 

City

State

ZIP

 

Address of attorney

 

 

 

Part 4: Describe the terms of sale or transfer

17Date business was or will be sold or transferred. ___/___/____

Month Day Year

18Selling price of the business or the value of the business assets transferred: $ ____________________

19Was the entire business sold or transferred? Yes

No - You must complete Line 20.

20Are the seller’s or transferee’s registration numbers with the

department to remain active? Yes

No - Write the date to be discontinued. ___/___/____

Month Day Year

21Terms of sale or transfer. Write “X” in the appropriate box, and provide additional information as requested.

 

Cash sale

 

 

Contract sale. Complete the following information:

Down payment amount:

$ ____________________

Monthly payment amount:

$ ____________________

Date last payment is due

___/___/____

Month Day Year

Conventional financing

Other (Specify.): ____________________________________

_________________________________________________

_________________________________________________

Part 5: Sign below. This must be completed by the person submitting this Form.

22

(

)

24 ____________________________________________________

Print or type your name

Daytime phone number

Signature

Date

23____________________________________________________

Mailing address of person

CBS-1 (R-4-09)

This form is authorized as outlined by the Illinois Income Tax Act [35 ILCS 5/902] and the Retailers’ Occupation Tax Act [35 ILCS 120/5j]. You are required to report all sales of businesses to the Illinois Department of Revenue. Disclosure of this information is REQUIRED. Failure to provide such information may result in the purchaser or transferee

becoming personally liable for the amount of tax owed by the seller. This form has been approved by the Forms Management Center.

IL-492-4224

Dos and Don'ts

When filling out the CBS-1 Illinois form, it is important to follow specific guidelines to ensure proper processing. Below are five things you should do and five things you should avoid.

  • Do complete the form within 10 days of the sale date to ensure it is processed.
  • Do provide accurate business identification numbers, including the Illinois business tax number and federal employer identification number.
  • Do include a copy of the sales contract and financing agreement with your submission.
  • Do ensure that all required signatures are present before submitting the form.
  • Do call the Chicago office for assistance if you have questions about the form.
  • Don't submit the form late; forms received more than 10 days after the sale date will not be processed.
  • Don't leave any required fields blank, as this may delay processing.
  • Don't forget to indicate whether the entire business was sold or transferred.
  • Don't assume that faxing the form is sufficient; ensure you also send the required documents by mail.
  • Don't ignore the requirement to report all sales of businesses to the Illinois Department of Revenue.

Documents used along the form

The CBS-1 form is a crucial document when selling or transferring business assets in Illinois. However, several other forms and documents are often required to ensure a smooth transaction. Below is a list of these documents, each with a brief description of its purpose.

  • Sales Contract: This document outlines the terms and conditions of the sale, including the purchase price, payment terms, and any contingencies that must be met before the sale is finalized.
  • Financing Agreement: If the buyer is financing the purchase, this agreement details the loan terms, including interest rates, repayment schedules, and any collateral involved.
  • Illinois Business Tax (IBT) Registration: This form registers the business with the Illinois Department of Revenue, ensuring that the business is compliant with state tax regulations.
  • Mobile Home Bill of Sale: This form is essential for the transfer of ownership of mobile homes in Florida, ensuring both buyer and seller are protected during the transaction. For more information, visit https://allfloridaforms.com/.
  • Federal Employer Identification Number (FEIN): This number is required for tax purposes and is used to identify the business entity to the IRS.
  • Excise Tax Registration: If applicable, this document registers the business for any excise taxes it may owe, ensuring compliance with state tax laws.
  • Transfer of Ownership Document: This document officially records the change in ownership of the business, providing legal proof of the transaction.
  • Certificate of Good Standing: This certificate verifies that the business is in compliance with state regulations and is legally allowed to operate.
  • Disclosure Statement: This document provides potential buyers with important information about the business, including its financial status and any liabilities.
  • Asset List: A detailed list of all assets being sold or transferred, including inventory, equipment, and real estate, to ensure clarity in the transaction.
  • Closing Statement: This document summarizes the final terms of the sale, including the distribution of funds and any remaining obligations of either party.

Having these documents prepared and organized can significantly streamline the process of selling or transferring business assets. It is advisable to consult with a legal professional to ensure all necessary paperwork is completed accurately and timely.

Misconceptions

Understanding the CBS-1 form in Illinois is crucial for anyone involved in the sale or transfer of business assets. However, several misconceptions can lead to confusion. Here are nine common myths about the CBS-1 form:

  1. Only large businesses need to file the CBS-1 form. Many people believe that only large corporations are required to complete this form. In reality, any business, regardless of size, must file if they sell or transfer significant assets.
  2. The form can be submitted anytime after the sale. Some assume they can submit the CBS-1 form at their convenience. However, it must be filed within 10 days of the sale date to be processed.
  3. Only the seller is responsible for filing. It’s a common belief that only the seller needs to worry about the CBS-1 form. In fact, the purchaser or transferee can also be held liable for any debts incurred by the seller.
  4. Filing the form is optional. Many think that filing the CBS-1 is a choice. This is incorrect; it is a requirement for reporting the sale of business assets to the Illinois Department of Revenue.
  5. All sales of business assets are exempt from this form. Some individuals believe that certain types of sales do not require a CBS-1 form. However, any sale or transfer of major business assets, such as stock, furniture, or machinery, necessitates this filing.
  6. Faxing the form is not allowed. There is a misconception that faxing the CBS-1 form is not an option. In fact, you can fax the completed form along with the sales contract to the Illinois Department of Revenue.
  7. The information on the form is confidential. Some believe that the details provided on the CBS-1 form remain private. However, disclosure of this information is required, and it may be accessed by the Department of Revenue.
  8. Only the sale price needs to be reported. Many think that reporting the sale price is sufficient. In reality, the form requires additional details, such as the terms of sale and any financing arrangements.
  9. Once filed, the form cannot be amended. Some individuals assume that once the CBS-1 form is submitted, it cannot be changed. While it is best to get it right the first time, amendments can be made if necessary.

By clarifying these misconceptions, businesses can ensure they comply with the requirements of the CBS-1 form and avoid potential liabilities.