Illinois Bar Journal


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Articles on Taxation

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?
Beware FATCA’s broad reach By Adam W. Lasker September 2013 LawPulse, Page 446 Think a new law designed to ferret out taxable income parked offshore won't affect any of your clients? You might be unpleasantly surprised, tax experts warn.
New maximum reductions for senior citizens and general homestead exemptions. PA 098-0007 August 2013 Illinois Law Update, Page 392 The Property Tax Code has been amended to modify the maximum annual reduction for the Senior Citizens Homestead Exemption for the taxable years of 2012 and 2013. 35 ILCS 200/15-170.
Bill would eliminate “open-space” tax exemptions for recreational buildings By Adam W. Lasker March 2013 LawPulse, Page 118 Should a busy clubhouse connected to a golf course be treated as "open space" and taxed at a low rate? Proposed legislation would end the judicially-created exemption.
Changes to state procedures for sending property tax bills. PA 097-1084 March 2013 Illinois Law Update, Page 124 Illinois lawmakers have amended the Property Tax Code to allow collectors to send property tax bills by way of e-mail upon the taxpayer's request.
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).