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The Illinois Employee Classification Act requires that any contractor who has construction services performed for it by an individual, sole proprietorship or partnership that is not an employee of the contractor must file a report by Jan. 31, 2015 with the Illinois Department of Labor.
The report must include the contractors name, address and business identification number. It must also include the name, address and business identification number of each entity or person providing services, along with total amount paid for services and materials and equipment during the taxable year. The contractor also must include a corporation or limited liability company (LLC) that provides construction services for it in the report if the corporation or LLC does not meet the test of a bona fide corporation or bona fide LLC, as defined in Illinois Administrative Rule 240.110.
Illinois defines a contractor as any individual, sole proprietor, partnership, firm, corporation, LLC, association or other legal entity permitted by law to do business within the State of Illinois that engages in construction. The term also includes a general contractor and a subcontractor.
The state defines construction as “any constructing, altering, reconstructing, repairing, rehabilitating, refinishing, refurbishing, remodeling, remediating, renovating, custom fabricating, maintenance, landscaping, improving, wrecking, painting, decorating, demolishing, and adding to or subtracting from any building, structure, highway, roadway, street, bridge, alley, sewer, ditch, sewage disposal plant, water works, parking facility, railroad, excavation or other structure, project, development, real property or improvement, or to do any part thereof, whether or not the performance of the work herein described involves the addition to, or fabrication into, any structure, project, development, real property or improvement herein described of any material or article of merchandise.” The definition also includes moving construction-related materials on the job site to or from the job site.
This reporting requirement is not applicable to businesses primarily engaged in the sale of tangible property or a contractor doing work for a business that is primarily engaged in the sale of tangible property nor to individuals or firms meeting the responsible bidder requirements under Illinois procurement regulations.
A contractor who fails to submit a report or submits a false report is subject to civil penalties and debarment.
Contractors can submit their reports online at:
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