Illinois Bar Journal


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Articles on Taxation

Sales tax changes for motor vehicles and air common carrier fuel December 2015 Illinois Law Update, Page 18 The Department of Revenue made several changes to the Retailers' Occupation Tax pursuant to Pub. Act 96-1035 and Pub. Act 98-422. 86 Ill. Adm. Code 130 (eff. Aug. 26, 2015)
Expanding categories for penalties, fees, charges, and taxes in Tax Code May 2015 Illinois Law Update, Page 16 Under this amendatory act, the terms "penalties," "fees," "charges," and "taxes" now ensnare the amount of the total Illinois corporate income taxes paid under section 602 and section 803 of the Illinois Income Tax Act...
New method for computing maximum out-of-state tax credits April 2015 Illinois Law Update, Page 16 The Department of Revenue has amended the method of calculating the maximum allowable credit for taxes paid to other states.
Amazon, tax collector By Matthew Hector March 2015 LawPulse, Page 14 A new law requires Amazon and other online retailers without a physical presence in Illinois to collect sales tax, the way their brick-and-mortar counterparts do.
Property tax exemptions for disabled veterans March 2015 Illinois Law Update, Page 20 The Property Tax Code has been amended to expand the property tax exemption for disabled veterans. The exemption now extends to property assessed up to a value of $100,000.
A service tax on lawyers? By Matthew Hector February 2015 LawPulse, Page 12 As a candidate, Bruce Rauner proposed a tax on legal services. What will Governor Rauner do?
Sales taxes updated to comply with Illinois Supreme Court ruling January 2015 Illinois Law Update, Page 16 To comply with the Illinois Supreme Court's ruling in Hartney Fuel Oil Co. v. Hamer, 2013 IL 115130, the Department of Revenue has adopted amendments to the retailers' occupation tax, the use tax, and the service use tax.
Reclaiming property tax overpayments December 2014 Illinois Law Update, Page 572 In Cook county, if a property is assessed twice for the same year or was assessed prior to its becoming taxable, and if these taxes that were assigned in error were paid at sale or otherwise, or were overpaid by the same or different claimants, then the Cook County Treasurer will refund these taxes to the proper claimant.
Sales tax exemptions reinstated for coal mining November 2014 Illinois Law Update, Page 524 In the wake of Pub. Act 98-456, which reinstated the coal exemption retroactive to July 1, 2003, the Department has amended the Part titled "Retailers' Occupation Tax" to allow sales tax exemptions for equipment and materials used in coal mining operations.
Angel investment tax credit guidance October 2014 Illinois Law Update, Page 472 The Department of Revenue amended its income tax regulations to provide guidance on the Angel Investment Credit. 86 Ill. Adm. Code 100 (eff. July 9, 2014).
Sales tax on medical cannabis October 2014 Illinois Law Update, Page 472 The Department of Revenue ("DOR") updated regulations concerning the Retailers' Occupation Tax in order to comply with the Compassionate Use of Medical Cannabis Pilot Program Act. 86 Ill. Adm Code 130 (eff. July 25, 2014).
Tax collection to improve county roads October 2014 Illinois Law Update, Page 472 From now until August 1, 2024, road districts, consolidated or otherwise, may accumulate no more than 50% of the taxes collected from a subdivision in order to improve nondedicated roads that are in the subdivision from and for which the taxes were collected.
Guidance on income tax credits and sourcing of nonbusiness income September 2014 Illinois Law Update, Page 424 The Department of Revenue has adopted several revisions to the regulations governing the state income tax. 86 Ill. Adm. Code 100 (eff. June 19, 2014).
New and expanded sales tax exemptions September 2014 Illinois Law Update, Page 424 The Department of Revenue adopted amendments to the regulations governing the "Retailers' Occupation Tax." 86 Ill. Adm. Code 130 (eff. June 9, 2014).
Pickup trucks and SUVs now subject to vehicle rental tax September 2014 Illinois Law Update, Page 424 In compliance with amendments to the Automobile Renting Occupation and Use Tax Act, the Department of Revenue adopted an amendment which effectively imposes a vehicle rental tax on vehicles with a gross vehicle weight rating of 8,000 pounds or less. 86 Ill. Adm. Code 180 (eff. June 9, 2014).
Property tax code adjusted for tornado-damaged small businesses September 2014 Illinois Law Update, Page 424 Article 10 of the Illinois Tax Code has been amended to add a division on the valuation of property that has suffered tornado damage.
Tax Penalties and ‘Dependents’ Under the Affordable Care Act By Alice E. Keane August 2014 Article, Page 398 You must buy adequate health insurance for dependents under the Affordable Care Act or pay a penalty. But who is a "dependent"? A broader range of people than you might think.
Changes to Use Tax Act July 2014 Illinois Law Update, Page 320 Per amendments to the Use Tax Act, lessors are not subject to the tax imposed by the Use Tax Act for amounts not calculated at the time a vehicular lease is executed. Such amounts may include, but are not limited to, charges for excess wear and tear.
Property tax bills going digital July 2014 Illinois Law Update, Page 320 Upon written request from a property owner, township and county tax collectors may now email property owners their tax bills.
Annual surcharges assessed on live adult entertainment June 2014 Illinois Law Update, Page 272 Live adult entertainment facilities, commonly known as striptease clubs, will now be assessed an annual surcharge. 86 Ill. Adm. Code 900 (eff. Mar. 10, 2014).
Bill would let nonlawyers represent taxpayers in county tax appeals By Janan Hanna May 2014 LawPulse, Page 214 A now-dormant legislative proposal would authorize nonlawyers to represent taxpayers in county tax appeals. The ISBA is leading the fight against it.
The Tipping Point: The End of Automatic Gratuities? By Brian Roth May 2014 Article, Page 230 Many restaurants impose a set gratuity on large groups to make sure servers get their fair share. But a new IRS ruling classifies automatic gratuities as service charges, not tips.
Change to assessment method of PPV leases of military facilities April 2014 Illinois Law Update, Page 168 The Property Tax Code has been amended to change the method of assessing the value of PPV leases of certain military facilities for state property tax law purposes.
Department of Revenue can refuse registration and permit for tax default February 2014 Illinois Law Update, Page 68 The Department of Revenue may now refuse to issue a license, registration, or permit if the owner, partner, or, in the case of a limited liability company, a manager or member whose name is on the application is in default for money due under any tax or fee act administered by the Department.
Estate Planning and the American Taxpayer Relief Act By Stephen M. Margolin and Lindsey Paige Markus February 2014 Article, Page 92 Thanks to ATRA, a married couple with a properly structured estate can pass more than $10 million free of federal estate tax. But beware income and state-estate tax consequences.
Illinois Supreme Court strikes down regulations on the situs for local sales taxes February 2014 Illinois Law Update, Page 68 On November 21, 2013, the Illinois Supreme Court held that certain Illinois Department of Revenue ("DOR") regulations setting situs for tax liability under retail occupation taxes ("ROTs") where purchase orders are accepted were invalid.
IRS removes tax break for some employer health-care reimbursement schemes By Janan Hanna February 2014 LawPulse, Page 62 In years past, employers who don't offer medical plans to employees got a tax advantage for reimbursing some of their medical expenses. The IRS has greatly restricted that tax break.
Supreme court ends sales-tax-avoidance practice By Adam W. Lasker January 2014 LawPulse, Page 10 The court's ruling means companies can't set up a remote "sales" office and thereby avoid local taxes - but that the company in this case doesn't owe a $23 million tax bill.
The Illinois Supreme Court nixes the Amazon tax By Adam W. Lasker December 2013 LawPulse, Page 606 The supreme court invalidated an Illinois law requiring out-of-state retailers to pay Illinois use tax on Internet-based sales, ruling that it was preempted by the federal Internet Tax Freedom Act.
Making Constitutional Challenges to the Illinois Tax on Trust Income By Robert J. Kolasa November 2013 Article, Page 584 Under Illinois law, income from a trust created by an Illinois resident is taxable even if the trust is not otherwise connected to Illinois. But is the state tax constitutionally infirm?