Publications

Articles on Taxation

Taxpayers subject to longer time frames for Department to claim deficiencies on returns and agency action affecting refund claims

November
2016
Illinois Law Update
Page 18
The Department of Revenue adopted amendments to the guidelines it follows in determining the statute of limitations for filing deficiencies against a taxpayer and a taxpayer's ability to file refund claims.

Individuals with annual tax liabilities of $200k required to pay by electronic funds transfer

October
2016
Illinois Law Update
Page 18
Individual taxpayers with annual tax liabilities of $200,000 or more, and other entities with annual tax liabilities of $20,000 or more, must make all payments to the Department of Revenue by electronic funds transfer.

From the Discussions - Is a pension share transferred in divorce taxable to the recipient?

August
2016
Article
Page 30
Q. When one divorcing spouse gets a part of the other's pension as part of a court order, is that portion taxable to the receiving spouse?

Senate bill proposes a new tax deduction to account for “personal interest”

August
2016
Illinois Law Update
Page 18
A recent Senate bill proposes a new tax deduction for individual taxpayers that, if passed, would modify an individual's adjusted gross income for calculating "base income."

Yes, Income Taxes are Dischargeable in Bankruptcy

By Robert V. Schaller
July
2016
Article
Page 32
The Bankruptcy Code allows debtors to discharge income taxes if they wait long enough before filing and didn't commit fraud or evade paying tax.

Small businesses with direct shipping processes may have additional taxes

June
2016
Illinois Law Update
Page 18
The Illinois Supreme Court's holding in Kean v. Wal-Mart Stores, Inc., 235 Ill.2d 351 (2009) spurred amendments to 86 Ill. Adm. Code 130 (eff. April 1, 2016) addressing the Department's regulations governing the taxability of transportation and delivery charges.

How medical marijuana cultivators should calculate tax liability for cannabis-infused products

May
2016
Illinois Law Update
Page 16
The Department adopted an emergency amendment to the Medical Cannabis Cultivation Privilege Tax Law in order to provide guidance to medical marijuana cultivators. 86 Ill. Adm. Code 429 (eff. Feb. 3, 2016).

Making Post-Divorce Property Transfers Less Taxing

By Jessica Berger
May
2016
Article
Page 36
Under Section 1041 of the Internal Revenue Code, property transfers between ex-spouses are tax free if they happen within a year of divorce. But Section 1041 can also apply to some transfers that take place after a year. Here's how it works.

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.

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