Publications

Articles on Taxation

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

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).

Changes in forms of property tax payment. PA 096-1250

October
2010
Illinois Law Update
Page 508
The Property Tax Code has been amended regarding the payment of taxes. (35 ILCS 200/20-25).

Is your client a nonresident of Illinois for state income tax purposes?

By Helen W. Gunnarsson
July
2010
LawPulse
Page 342
The Illinois Department of Revenue is looking closely at former Illinois residents who claim residency in other states while maintaining ties to Illinois.

Provena loses its charitable property tax exemption

By Helen W. Gunnarsson
May
2010
LawPulse
Page 230
A hospital that gives away less than one percent of its annual revenue in free patient care doesn't qualify for a charitable property tax exemption, the Illinois Supreme Court holds.

The Estate Tax- dumped on New year’s Eve

By Katarinna McBride
February
2010
Column
Page 104
Congress defied the conventional wisdom and let the estate tax die. What will replace it?

The Illinois QTIP Election to the Rescue

By Robert J. Kolasa
December
2009
Article
Page 612
Big news for estate planners - the new Illinois QTIP lets clients use the full federal exclusion without Illinois estate tax consequences.

New law brings transparency to homestead assessments. PA 096-0122

November
2009
Illinois Law Update
Page 552
State lawmakers recently added new language to the state Property Tax Code to help homeowners understand and challenge changes in their property assessments. 

Stranger-Owned Life Insurance: The Rewards: a Fictional Case Study

By Stephen M. Margolin and Valerie J. Freireich
November
2009
Article
Page 568
An elderly - and wealthy - person lets investors buy insurance on his life in return for cash, and everyone makes money. Or do they?

Stranger-Owned Life Insurance: The Risks and How to minimize them

By James C. Shanley
November
2009
Article
Page 569
An elderly - and wealthy - person lets investors buy insurance on his life in return for cash, and everyone makes money. Or do they?

ANATOMY OF A WILL: A Step-By-Step Guide

By Helen W. Gunnarsson
October
2009
Article
Page 506
A step-by-step primer on simple wills for newbies, litigators, and other will-drafting novices.

Presenting property tax appeals

October
2009
Column
Page 532
Q: The fair market value of my house has decreased since the recession, but my property taxes haven’t. I’ve filed an appeal of my assessment with the Board of Review, and I’m waiting for the hearing. What is my best argument at the hearing? What should I take with me in the way of evidence? What are my chances in getting the taxes reduced?

Winning at Darwin’s Game

By Katarinna McBride
August
2009
Column
Page 420
Survivor-style challenges and opportunities confront estate planners.

Illinois Retailers’ Occupation Tax revised

May
2009
Illinois Law Update
Page 226
The Illinois Department of revenue revised the retailers' occupation tax as it relates to fly-away aircrafts and taxes charged by hotels and similar establishments for the rental of meeting, conference, banquet, and other similar types of rooms when food and beverages are provided. 86 Ill Adm Code 130.

Department of Revenue amends rules governing income taxes in Illinois

April
2009
Illinois Law Update
Page 174
The Department of Revenue amended several sections and added two new sections to Ill Adm Code 100. The updates implement the amendments made to the Illinois Income Tax Act (IITA) (35 ILCS 5).

Illinois Estate Tax Planning in 2009 and Beyond

By Gary R. Gehlbach and Emily R. Vivian
February
2009
Article
Page 80
Beginning this year, the gap between the Illinois and federal estate tax widens. This article discusses the implications and makes the case for an Illinois QTIP.

State Income Tax rules updated

January
2009
Illinois Law Update
Page 16
The Illinois Department of Revenue amended Title 86, which governs Illinois state income tax rules. 86 Ill Adm Code 100.7300 et seq. The purpose of the amendment is to provide guidance on the application of the Illinois income tax withholding requirements for employers. 

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