Publications

Articles on Taxation

Income tax filing deadline to match federal filing deadline

December
2017
Illinois Law Update
Page 16
The Department of Revenue amended section 100.7300 of the Income Tax administrative rules to match the state income tax filing due date to the federal due date.

Amendments for apportioning business income in Illinois

November
2017
Illinois Law Update
Page 20
The Department of Revenue amended two sections of the Income Tax Code regulations (40 Ill. Reg. 15878, 16711) to provide an alternate formula for apportioning business income in Illinois.

Changes to Retailers’ Occupation Tax rates

November
2017
Illinois Law Update
Page 20
Previously taxed at the general merchandise rate of 6.25%, the Retailers' Occupation Tax (41 Ill. Reg. 3168, 3817) was amended to set a rate of 1% for certain medical devices and to exempt feminine hygiene products.

Achieving a Better Life Experience (ABLE) Account Program establishes tax advantage for disabled or blind people

September
2017
Illinois Law Update
Page 18
The Office of the Treasurer adopted the ABLE Program, which establishes a tax-advantaged program for disabled or blind people.

Implementation of the State Tax Preparer Oversight Act

August
2017
Illinois Law Update
Page 18
An amendment has been adopted that clarifies who a preparer is and implements a requirement that preparers of tax returns include their preparer tax identification number ("PTIN") on any return or claim for a refund.

Updates and changes made to Department of Revenue structure and private letter rulings

August
2017
Illinois Law Update
Page 18
Amendments addressing internal procedures and publications have been adopted by the Department or Revenue.

Tax changes may be required on ballot at general election only

July
2017
Illinois Law Update
Page 18
The proposed Local Government Property Tax Referendum Act would only allow tax changes to be submitted to voters at a general election.

What’s the status of the property tax exemption for charitable hospitals?

By Matthew Hector
July
2017
LawPulse
Page 12
The fourth district ruled that the statutory property tax exemption for charitable hospitals is unconstitutional, while the first district said it passes muster. What's the law of Illinois?

Special service area commissions created for municipalities, counties

June
2017
Illinois Law Update
Page 18
The Property Tax Code was amended to create "special service area commissions" that may be established by the corporate authorities of a municipality or county for the purpose of managing a particular service area.

College Illinois! 529 Prepaid Tuition Program participants will benefit from expansion of eligible institutions

March
2017
Illinois Law Update
Page 28
This rulemaking implements Public Act 99-842, which expands institutional eligibility for the College Illinois! 529 Prepaid Tuition Program by removing certain criteria previously required by the State.

Property Tax Code amended to remove gap in vegetative filler strip assessment procedure

March
2017
Illinois Law Update
Page 28
This Act removes the provisions in section 10-152 of the Property Tax Code, 35 ILCS 200/10-152, which would have repealed the section regarding vegetative filler strip assessment at the end of 2016, bridging the gap in the designated assessment procedure that might have otherwise occurred between 2016 and 2017.

Amendments to the Property Tax Code affect notice for erroneous homestead exemptions

January
2017
Illinois Law Update
Page 20
Amendments to the Property Tax Code (eff. Aug. 19, 2016) provide additional requirements for notice in regard to erroneous homestead exemptions in counties with more than 3 million inhabitants.

Federal income tax refund ruled part of yearly income, not addition

January
2017
Illinois Law Update
Page 20
The Third Appellate District determined that a husband's federal income tax refund for 2014 constituted part of net income for the year, not an addition to it.

Income Tax Code amended to limit application of taxpayer extension

January
2017
Illinois Law Update
Page 20
The Department of Revenue adopted an amendment that limits the automatic, upon request, six-month extension (7 months for corporations) for filing to taxpayers whose returns are due by April 15th.

Property Tax Code assessment of wind energy devices now applies through assessment year 2021 (instead of 2016)

January
2017
Illinois Law Update
Page 20
The provision of the Property Tax Code that accounts for annual inflation and depreciation of equipment in the valuation of wind energy devices now applies through 2021 instead of 2016.

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.

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