Illinois Code § 35 ILCS 105/8

Any retailer required to collect the tax imposed by this Act shall
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be liable to the Department for such tax, whether or not the tax has been
collected by the retailer, except when the retailer is relieved of the duty of
remitting the tax to the Department by virtue of having paid a tax imposed by
the Retailers' Occupation Tax Act upon his or her gross receipts from the
same transactions. To the extent that a retailer required to collect the tax
imposed by this Act has actually collected that tax, such tax is held in trust
for the benefit of the Department.

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