Publications

Articles on Taxation

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?

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.

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