The CBS-1 Illinois form is a document required by the Illinois Department of Revenue for reporting the sale, purchase, or transfer of significant business assets. It must be completed by the seller, purchaser, or transferee when assets such as stock, furniture, machinery, or real property are sold outside the usual course of business. Timely submission of this form is crucial, as forms received more than 10 days after the sale date will not be processed.
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The CBS-1 form is an essential document for anyone involved in the sale, purchase, or transfer of business assets in Illinois. This form must be completed by the seller or the purchaser when a significant portion of a business's assets is sold outside the usual course of operations. The assets in question can include stock of goods, furniture, fixtures, machinery, equipment, or even real property. Timeliness is crucial; forms submitted more than ten days after the sale date will not be processed. It's important to note that if the seller has any outstanding debts, the purchaser or transferee may be held liable for those debts. Completing the CBS-1 form requires detailed information about the business, including identification numbers, addresses, and the terms of the sale. Additionally, it includes sections to identify both the seller and the purchaser, as well as a space for describing the sale terms. To ensure proper processing, the completed form, along with a copy of the sales contract and financing agreement, should be mailed to the Illinois Department of Revenue. For any questions or additional information, assistance is available by phone during business hours. Understanding the requirements of the CBS-1 form is crucial for a smooth transaction and compliance with state regulations.
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
11
Address of attorney
Part 3: Identify the purchaser or transferee
12
14
Purchaser’s or transferree’s IBT no. and FEIN
13
15
Name of purchaser’s or transferee’s attorney
16
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. ___/___/____
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
___/___/____
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
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
Completing the CBS-1 form is an important step when selling or transferring business assets in Illinois. This form ensures that the transaction is properly recorded and that all necessary tax obligations are met. Follow these steps carefully to fill out the form accurately.
Once completed, mail the CBS-1 form, along with a copy of the sales contract and financing agreement, to the Illinois Department of Revenue. Alternatively, you can fax the documents if preferred. Ensure that all information is accurate to avoid any issues with processing your form.
The CBS-1 form is required by the Illinois Department of Revenue when a business sells or transfers a significant portion of its assets. This includes stock of goods, furniture, fixtures, machinery, equipment, or real property. The form must be completed by either the seller or the purchaser and submitted to the department.
The form must be completed by either the seller or the purchaser when a business is sold or transferred. If you are selling or transferring a major part of your business assets outside of your usual course of business, you are required to fill out this form.
Forms submitted more than 10 days after the sale date will not be processed. It is crucial to ensure timely submission to avoid complications in the transfer process.
If the CBS-1 form is not filed, the purchaser or transferee may become personally liable for any debts incurred by the seller. This could include unpaid taxes, which can lead to financial and legal issues for the new owner.
Completed forms, along with a copy of the sales contract and financing agreement, should be mailed to:
You may also fax your form and sales contract to 312-793-3841.
The CBS-1 form requires various details, including:
If you need additional information or assistance, you can contact the Illinois Department of Revenue's Chicago office on weekdays from 8:30 a.m. to 5:00 p.m. at 312-814-3063.
The form allows for various payment options, including:
Not submitting the form within the required timeframe. Forms must be submitted within 10 days after the sale date.
Failing to provide complete business identification. Ensure that both the business name and identification numbers are filled out accurately.
Omitting the seller's or transferor's contact information. This includes the name and daytime phone number, which are crucial for communication.
Not including the purchaser's or transferee's details. The form requires the name, IBT number, and contact information of the purchaser.
Incorrectly stating the selling price or value of the business assets. Make sure to enter the correct amount in the designated field.
Neglecting to answer questions about the type of sale. Indicate whether the sale was a cash sale or contract sale and provide the necessary details.
Forgetting to sign the form. The person submitting the form must provide their signature and date it.
Not including a copy of the sales contract and financing agreement. These documents are essential for processing the form.
Failing to provide a mailing address. The address of the person submitting the form must be included for correspondence.
The CBS-1 form is essential for reporting the sale, purchase, or transfer of business assets in Illinois. Along with this form, several other documents are often required to ensure compliance with state regulations. Below is a list of common forms and documents that may accompany the CBS-1 form.
Having the correct documents in place when completing the CBS-1 form is crucial for a smooth transaction. Ensure that all necessary forms are filled out accurately and submitted on time to avoid any complications.
The Illinois Department of Revenue Form CRT-1 is similar to the CBS-1 form in that it also deals with the transfer of business assets. CRT-1 is specifically used for reporting the transfer of tangible personal property in a bulk sale. Like the CBS-1, it requires details about the seller, purchaser, and the nature of the transaction. Both forms emphasize the importance of timely submission, as delays can result in processing issues or liability for unpaid taxes. The CRT-1 form also includes sections for identifying tax identification numbers and the value of the assets transferred, paralleling the information requirements of the CBS-1.
The Illinois Department of Revenue Form ST-1 serves a related purpose by documenting the sale of tangible personal property, including business assets. While the CBS-1 is focused on the transfer of business ownership, the ST-1 is primarily concerned with sales tax obligations associated with those transactions. Both forms require the identification of the seller and purchaser, as well as the details of the sale, such as price and terms. The ST-1 form also emphasizes compliance with tax regulations, similar to the CBS-1's warnings about potential liabilities for the purchaser.
The Form 8606, used for reporting nondeductible contributions to traditional IRAs, shares a commonality with the CBS-1 in that both require the disclosure of specific financial transactions to government authorities. While the CBS-1 focuses on business asset transfers, Form 8606 is concerned with individual retirement accounts. Each form requires the identification of parties involved and details about the transaction. Both documents aim to ensure compliance with tax regulations, highlighting the importance of accurate reporting to avoid penalties.
The IRS Form 8594 is relevant in the context of business asset transfers as it reports the sale of a business and the allocation of the purchase price among the assets sold. Like the CBS-1, Form 8594 is used when a significant portion of a business is sold, and it requires detailed information about the transaction. Both forms necessitate the identification of the seller and purchaser, as well as the sale price and terms. The primary distinction lies in the federal versus state jurisdiction, with CBS-1 focusing on Illinois state tax obligations while Form 8594 addresses federal tax reporting requirements.
When filling out the CBS-1 form in Illinois, there are important dos and don’ts to keep in mind to ensure a smooth process. Here’s a helpful list:
By following these guidelines, you can help ensure that your CBS-1 form is processed efficiently and correctly.
Understanding the CBS-1 form can be challenging, and several misconceptions may arise. Here’s a breakdown of seven common misunderstandings about this important document.
By clearing up these misconceptions, businesses can better navigate the requirements associated with the CBS-1 form and ensure compliance with Illinois regulations.
Filling out the CBS-1 form in Illinois is a crucial step when transferring or selling significant business assets. Here are some key takeaways to keep in mind:
By adhering to these guidelines, individuals can navigate the process of completing the CBS-1 form more effectively, thereby minimizing potential issues that may arise during a business asset sale or transfer.