Publications

Illinois Bar Journal
Articles on Taxation

First district clarifies meaning of "all taxes due" under 2003 Tax Delinquency Amnesty Act November 2012 Illinois Law Update, Page 580 On August 22, 2012, the first district appellate court held that a taxpayer who filed an amended tax return was rightly assessed a double interest charge under the Unified Penalty and Interest Act ("Penalty Act") because it failed to pay its entire tax liability for the years 2000 and 2001 during the 45-day amnesty period created by the 2003 Tax Delinquency Amnesty Act ("Amnesty Act").
High court: unpaid property tax not a bar to running for municipal office By Adam W. Lasker October 2012 Lawpulse, Page 514 The Illinois Supreme Court limited the reach of the candidate-qualifications statute to make it harder to remove candidates from the ballot for "indebtedness to the municipality."
Law provides a property tax exemption for homes rebuilt after a natural disaster. PA 097-0716 September 2012 Illinois Law Update, Page 464 Illinois lawmakers have amended the Property Tax Code by adding section 15-173.
Exhaustion of Administrative Remedies in Property Tax Assessment Appeals after Millennium Park By Antonio Senagore August 2012 Article, Page 434 The Illinois Supreme Court recently held that a taxpayer could skip the administrative appeal process and challenge a property tax assessment directly in circuit court.
Love, Marriage, and the IRS: Tax Advantages of Illinois Civil Unions By Barbara K. Lundergan April 2012 Article, Page 200 You may be surprised to learn that civil unions afford better tax treatment than marriage for some heterosexual couples.
Increased income allowance of exemption for Illinois individual taxpayers. PA 097-0652 March 2012 Illinois Law Update, Page 132 Illinois lawmakers have amended the Illinois Income Tax Code to increase the basic amount that is used to calculate an individual taxpayer's allowed exemption amount (35 ILCS 5/204, 5/212).
Illinois Estate Planning in Uncertain Times By Steven E. Siebers September 2011 Article, Page 448 What happens if the federal estate tax exclusion goes back to $1 million? What are the implications of decoupling the Illinois from the federal tax? A look at these and other questions.
Implementation of Angel Investment Credit Program September 2011 Illinois Law Update, Page 440 The Department of Commerce and Economic Opportunity enacted rules to implement the Angel Investment Credit Program. 14 Ill Adm Code 531. Key new rules will be examined in this article, but the entire section should be consulted to understand all the aspects of the new program. The amended rules became effective on June 1, 2011.
Definition broadened for "maintaining a place of business" in Illinois. PA 096-1544 June 2011 Illinois Law Update, Page 286 The Use Tax Act and Service Use Tax Act have been amended to broaden the definition of a "retailer" or "serviceman" who is "maintaining a place of business in this state." 35 ILCS 105/2; 35 ILCS 110/2.
Regulations adopted to implement Small Business Job Creation Tax Credit Act March 2011 Illinois Law Update, Page 124 The Department of Commerce and Economic Opportunity recently adopted regulations necessary to successfully implement the Small Business Job Creation Tax Credit Act. 35 ILCS 25/5 and 15.
Tax credits available for small businesses that hire from Put Illinois to Work program. PA 096-1498 March 2011 Illinois Law Update, Page 124 The Illinois General Assembly has amended the Small Business Job Creation Tax Credit Act to provide tax relief for businesses that hire a new worker who was part of the Put Illinois to Work Program in 2010. 35 ILCS 25/10.
Are Nonprofit Hospitals Charitable Institutions? By Antonio Senagore February 2011 Article, Page 96 Is a nonprofit hospital a "charitable use" that qualifies for a property tax exemption? The author reviews the Illinois Supreme Court's Provena decision and predicts its likely effects, one of which is legislation to protect hospitals.
Mind the gap: Illinois taxes estates over $2 million By Helen W. Gunnarsson February 2011 Lawpulse, Page 66 Illinois' new estate tax kicks in at $2 million, not $5 million like its federal counterpart. That creates some estate-planning challenges for Illinois residents.
A Sigh of Tax Relief By Katarinna McBride February 2011 Column, Page 100 There's a lot for estate planners to like about the new federal tax law.
Counties with more than three million residents required to accept credit card property tax payments. PA 096-1248 January 2011 Illinois Law Update, Page 16 Beginning on January 1, 2012, a county with a population of more than three million is obligated to accept credit card payments for each installment of property taxes. (35 ILCS 200/20-25).
Property owners can seek tax reimbursement for annexed properties. PA 096-1351 January 2011 Illinois Law Update, Page 16 Under amendments to the Property Tax Code, property owners can seek reimbursement for taxes paid on annexed property beginning in the 2010 tax year. 35 ILCS 200/20-27.
Penalty and sale delays for mobile homes in disaster areas. PA 096-1211 December 2010 Illinois Law Update, Page 616 Those who own mobile homes in declared disaster areas are now provided a delay of penalties and sale by the Illinois General Assembly. 35 ILCS 515/9.3.
Amendments aid state collection of tax revenues from tobacco retailers November 2010 Illinois Law Update, Page 564 The Illinois Department of Revenue recently amended regulations designed to aid in the collection of tax revenues on tobacco products as authorized by the Tobacco Products Act of 1995 (35 ILCS 143 et seq).
Changes in forms of property tax payment. PA 096-1250 October 2010 Illinois Law Update, Page 508 The Property Tax Code has been amended regarding the payment of taxes. (35 ILCS 200/20-25).
Is your client a nonresident of Illinois for state income tax purposes? By Helen W. Gunnarsson July 2010 Lawpulse, Page 342 The Illinois Department of Revenue is looking closely at former Illinois residents who claim residency in other states while maintaining ties to Illinois.
Provena loses its charitable property tax exemption By Helen W. Gunnarsson May 2010 Lawpulse, Page 230 A hospital that gives away less than one percent of its annual revenue in free patient care doesn't qualify for a charitable property tax exemption, the Illinois Supreme Court holds.
The Estate Tax- dumped on New year's Eve By Katarinna McBride February 2010 Column, Page 104 Congress defied the conventional wisdom and let the estate tax die. What will replace it?
The Illinois QTIP Election to the Rescue By Robert J. Kolasa December 2009 Article, Page 612 Big news for estate planners - the new Illinois QTIP lets clients use the full federal exclusion without Illinois estate tax consequences.
New law brings transparency to homestead assessments. PA 096-0122 November 2009 Illinois Law Update, Page 552 State lawmakers recently added new language to the state Property Tax Code to help homeowners understand and challenge changes in their property assessments. 
Stranger-Owned Life Insurance: The Rewards: a Fictional Case Study By Stephen M. Margolin and Valerie J. Freireich November 2009 Article, Page 568 An elderly - and wealthy - person lets investors buy insurance on his life in return for cash, and everyone makes money. Or do they?
Stranger-Owned Life Insurance: The Risks and How to minimize them By James C. Shanley November 2009 Article, Page 569 An elderly - and wealthy - person lets investors buy insurance on his life in return for cash, and everyone makes money. Or do they?
ANATOMY OF A WILL: A Step-By-Step Guide By Helen W. Gunnarsson October 2009 Article, Page 506 A step-by-step primer on simple wills for newbies, litigators, and other will-drafting novices.
Presenting property tax appeals October 2009 Column, Page 532 Q: The fair market value of my house has decreased since the recession, but my property taxes haven’t. I’ve filed an appeal of my assessment with the Board of Review, and I’m waiting for the hearing. What is my best argument at the hearing? What should I take with me in the way of evidence? What are my chances in getting the taxes reduced?
Winning at Darwin's Game By Katarinna McBride August 2009 Column, Page 420 Survivor-style challenges and opportunities confront estate planners.
Illinois Retailers' Occupation Tax revised May 2009 Illinois Law Update, Page 226 The Illinois Department of revenue revised the retailers' occupation tax as it relates to fly-away aircrafts and taxes charged by hotels and similar establishments for the rental of meeting, conference, banquet, and other similar types of rooms when food and beverages are provided. 86 Ill Adm Code 130.
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