Public Law 86-272 and digital goodsBy Stanley R. KaminskiState and Local Taxation, February 2019An overview of legal and practical issues surrounding Public Law 86-272, which gives state income tax protections to sellers of goods, as digital goods become more prevalent.
Can taxes change one’s behavior? An editorial opinionBy Hon. Julie-April Montgomery, (ret.)Employee Benefits, April 2018Taxes are a vehicle for change for both the taxpayer and the government, but author Julie-April Montgomery argues that the changes are neither what government really anticipates or desires.
Will Quill survive? A review of South Dakota v. Wayfair, Inc.By John KaminskyState and Local Taxation, March 2018South Dakota v. Wayfair, Inc. may provide SCOTUS with the vehicle in needs to change the current landscape of interstate commerce when it hears oral arguments on April 17th.
100th General Assembly grants property tax relief by increasing some exemptionsBy John K. NorrisReal Estate Law, February 2018With all the political maneuvering and last-minute changes involving the Illinois budget crisis and school funding provisions, one bill was quietly signed into law by Governor Rauner on August 25, 2017 that impacts homeowners: Senate Bill 473, now known as Public Act 100-0401.
Citibank N.A. v. Illinois Department of RevenueBy Keith StaatsState and Local Taxation, February 2018Citibank contended that it was entitled to a refund of tax even though it was not the retailer. The Department of Revenue denied the refund claim. Citibank protested the claim denial and the case was heard in the Department’s Administrative Hearing Division
Letter from the editorBy Paul FagyalFederal Taxation, February 2018An introduction to the issue from Editor Paul Fagyal.
Meet my new dog, “M-1”By Brian T. WhitlockFederal Taxation, February 2018Like most family dogs that patrol the base of the family dining room looking for table scraps that fall to the floor, a C corporation can accomplish a similar role, especially under the new tax law.
New federal tax implications for maintenance payors and recipientsBy Stephanie CappsFamily Law, February 2018Author Stephanie Capps provides a sample scenario to help determine the potential financial impact on divorcing parties when considering the combo of new maintenance guidelines and federal tax overhaul.
Waste Management of Illinois, Inc. v. The Illinois Independent Tax TribunalBy Keith StaatsState and Local Taxation, February 2018The ruling in this case would seem to create a refund opportunity for other similarly situated taxpayers, although because the case is a Rule 23 decision the Illinois Department of Revenue might contest additional refund claims.
100th General Assembly grants property tax relief by increasing some exemptionsBy John K. NorrisState and Local Taxation, November 2017With all the political maneuvering and last-minute changes involving the Illinois budget crisis and school funding provisions, one bill was quietly signed into law by Governor Rauner on August 25, 2017 that impacts homeowners: Senate Bill 473, now known as Public Act 100-0401.
A conservative approach in collecting taxes is not fraudBy Stanley R. Kaminski, John Kendzior, & Kyle MolidorState and Local Taxation, November 2017In the recent case of Bartolotta v. Dunkin’ Brands Grp., Inc., the United States District Court for the Northern District of Illinois dismissed, with prejudice, a class action suit against Dunkin’ Brands Group, Inc. and one of its franchisees in Illinois which alleged that they violated the Illinois Consumer Fraud Act by over collecting sales tax on their coffee bag sales.
Can taxes change one’s behavior? An editorial opinionBy Hon. Julie-April Montgomery, (Ret).State and Local Taxation, October 2017Taxes are a vehicle for change for both the taxpayer and the government, but author Julie-April Montgomery argues that the changes are neither what government really anticipates or desires.
A presumption of taxability cannot save an extraterritorial taxBy Evan W. Schanerberger & Stanley R. KaminskiState and Local Taxation, October 2017In the recent case of The Hertz Corporation v. City of Chicago, the Illinois Supreme Court has once again declared that only by state legislation can a home rule municipality in Illinois apply its taxing powers beyond such municipality’s borders.
An introduction to real property taxes in IllinoisBy Ciarra J. SchmidtState and Local Taxation, September 2017When representing clients in real estate transactions, it is imperative to be familiar with assessment practices in the county in which the property is located, as well as the effect of exemptions.
Highlights from the Cook County Board of Review 2017 assessment meetingBy Nicholas P. JordanState and Local Taxation, August 2017The 2017 Board of Review Presentation to the property tax attorneys was held August 26, at the State of Illinois Building. The presentation included several changes to the process, introductions of new systems and suggestions on how to better serve your clients at the Board.
Case summariesBy Joan SmudaState and Local Taxation, July 2017Recent cases of interest.
Key tax provisions in the Better Care Reconciliation Act of 2017By Kristen HenryFederal Taxation, July 2017The American Health Care Act of 2017 (AHCA), which repeals and replaces parts of the Patient Protection and Affordable Care Act (ACA), recently passed the U.S. House of Representatives on May 4, 2017. The Senate then put forth a discussion draft on June 22, 2017, titled the Better Care Reconciliation Act of 2017 (BCRA), followed by a revised discussion draft on July 13, 2017. The BCRA includes multiple tax provisions, repealing or expanding upon some of the ones originally enacted in the ACA.
Substance-over-form or just good tax planning?By Richard M. ColombikFederal Taxation, July 2017In Summa Holdings, Inc. v. Comm’r, the 6th Circuit Appellate Court has partially put a leash on the IRS Commissioner to argue that a transaction, if done solely for income tax purposes, may be set aside on substance-over-form arguments if the transaction clearly follows the Tax Code.
Updating commuter benefits under 132(f)By James CreechFederal Taxation, July 2017The shift from transportation to “mobility” has left the transportation fringe benefits of Internal Revenue Code Section 132(f) out of touch and in need of an update to better reflect current and future transportation options.
State and local tax updateBy David P. DornerState and Local Taxation, June 2017Recent tax-related updates of interest.
Summary of the recent tax reform proposals from the Trump administrationBy Kristen HenryFederal Taxation, May 2017On April 26, 2017, the Trump Administration set forth updated tax reform proposals. This reform would modify both individual and business tax returns while also potentially having state tax implications as well.
