Open/Close
Close

Resources | Illinois Practitioner Series

Keeping you current to Focus Better
Subscribe

Publications to subscribe to

For security verification, please enter any random two digit number. For example: 36
By checking this box, I consent that the above information may be used by HMB Legal Counsel to send me newsletters, updates and other relevant insights.
Chicago Department of Finance Issues Nexus Guidance01/25/2021

On January 21, 2021, the Chicago Department of Finance (“Department”) issued an anticipated Information Bulletin (“Nexus Bulletin”) providing guidance on nexus and establishing a prospective “safe harbor” for certain taxes, including electronically delivered amusements under the Chicago’s Amusement Tax (“Amusement Tax”) Ordinance and nonpossessory computer …

Chicago Lease Transaction Tax Rate Increase for “Cloud” Software Products12/16/2020

On November 16, 2020, the City Council for the City of Chicago (“City Council”) amended the Chicago Personal Property Lease Transaction Tax Ordinance (“Ordinance”), eliminating the lower rate of tax on a nonpossessory lease of a computer, which includes “cloud” software products.

Applying the Chicago Lease Transaction Tax to “Cloud” Software Products09/11/2019

In a prior post, I explained the basics of the Chicago Personal Property Lease Transaction Tax (“Transaction Tax”), including the applicability of the tax to tangible personal property and software, potentially applicable exemptions and exclusions from the tax, and collection issues. This follow-up post in …

Illinois’ Income Taxation of Foreign Income01/29/2019

With the Tax Cuts and Jobs Act (TCJA), many taxpayers have begun to focus on the manner in which states tax foreign income. Illinois? taxation of foreign income is fairly in line with most other states. However, given how much states can diverge on this …

Chicago and Cook County Amusement Tax01/08/2019

Although the Chicago and Cook County amusement tax are imposed similarly on taxpayers, they are independently administered taxes that feature key differences. Both the Chicago Amusement Tax Ordinance and Cook County Amusement Tax Ordinance impose the tax “upon the patrons of every amusement” within the …

Cook County Taxes: Parking Lot and Garage Operations Tax12/11/2018

The “Parking Lot Tax” has recently been targeted by the Cook County Department of Revenue. In the past 3-5 years, we have seen a significant uptick in the Department’s audit activity, and challenges to Taxpayer positions. Their efforts have primarily focused on the enforcement of …

A Multistate Perspective on Taxation of Digital Products11/13/2018

In a General Information Letter published in 2017, Illinois addressed how its taxation of canned and custom software would apply to cloud computing. The state explained that software as a service (SaaS) is not subject to the Retailers’ Occupation Tax, and SaaS providers are instead …

The Illinois Franchise Tax10/09/2018

The Illinois Franchise Tax is a weird tax. It is imposed on the privilege of exercising a franchise in Illinois or, in the case of foreign corporations, for the authority to transact business in the state. It is administered by the Illinois Secretary of State, …

Illinois Motor Fuel Taxes09/25/2018

Like many states, Illinois and a number of Illinois localities impose motor fuel taxes. Although these taxes are each generally similar, they function slightly differently and are administered by different agencies. It is important not only for retailers of motor fuel, but any business that …

The Illinois Constitution and Taxes08/28/2018

The Illinois Constitution was adopted on December 15, 1970. The constitution sets forth the taxing powers of home rule units and describes the exclusive power of the General Assembly to raise revenue. Because the constitution creates the framework for how Illinois’ taxing system functions, this …

Application and Abatement of Penalties in Illinois08/14/2018

At the close of an audit, in addition to tax and interest, a taxpayer may also be assessed various types of penalties that can be substantial and even surpass the underlying tax liability. However, there are several courses of action for seeking penalty abatement, which …

Illinois Corporate Income Tax: Alternative Apportionment07/31/2018

Like most states, Illinois statutes and regulations permit taxpayers and the Director of the Department of Revenue to obtain alternative apportionment of Illinois base income. Although case law is relatively scant, alternative apportionment remains an important means of reaching a fair income tax liability in …

Illinois Corporate Income Tax- Financial Organizations07/17/2018

Financial organizations in Illinois are required to follow different apportionment rules than general service providers. Prior to December 31, 2017, such businesses were also required to file separate unitary business returns from taxpayers that filed their income tax returns under the standard apportionment rules. Beginning …

Wayfair and its Impact on Illinois’ Economic Nexus Legislation06/26/2018

The Commerce Clause and interstate commerce were thrust into the spotlight last week, as the United States Supreme Court reversed the longstanding physical presence standard for sales tax nexus.

Local Sourcing Rules for the Illinois Retailers’ Occupation Tax06/12/2018

As we have discussed previously, Illinois localities have adopted a variety of unique taxes, such as the Chicago Personal Property Lease Transaction Tax, the Amusement Tax, and dozens more. Illinois localities may also impose a local option tax which is imposed in addition to the …

Illinois Corporate Income Tax: Throw-Back and Throwout05/29/2018

In calculating the Illinois sales factor, Illinois employs both a “throw-back” and “throwout” rule. While many states employ some form of throw-back rule, Illinois’ adoption of both a throw-back and throwout rule is unique.

Illinois’ Unique Treatment of Leases and Traps for the Unwary Lessor05/22/2018

Illinois? treatment of leases is an anomaly when compared to almost all other jurisdictions. While most jurisdictions impose sales tax on the lease receipts collected from the lessee, the user of the equipment, Illinois differs by treating the lessor as the user of the equipment. …

Clarifying the Cloud: Taxation of Software in Illinois05/15/2018

Determining whether computer software is taxable is no easy task, especially in light of the changing technological landscape. The Illinois Department of Revenue (“Department”) has been asked by taxpayers for a number of years to provide clarification, but until recently has been largely silent on …

Illinois Corporate Income Tax Basics – Apportionment05/07/2018

In a previous post, we addressed the basics for calculating Illinois base income. In this post, we will focus on Illinois’ general apportionment rules, and in later posts, we will discuss Illinois’ combined reporting rules and the specific treatment of insurance companies and financial organizations …

Illinois Corporate Income Tax Basics- Base Income04/24/2018

Now that we have provided a primer on procedural issues at Illinois, Chicago, and Cook County, it’s time to jump into the fun stuff! Illinois has a relatively high corporate income tax rate compared to most states. While calculating Illinois base income is generally straightforward, …

Navigating a Cook County Department of Revenue Audit and the Procedure for a Formal Protest04/17/2018

A recent national trend in the practice field of state and local tax has been the uptick in local jurisdictions’ audit activity. The Cook County Department of Revenue has taken aggressive positions in the interpretation of its tax ordinances which has led to increased litigation …

Navigating a Chicago Audit and the Procedure for a Formal Protest04/09/2018

Although not on the mind of most taxpayers, an audit by the City of Chicago Department of Finance (“Department”) is a risk for any taxpayer who may be operating in the City or who enters Chicago for any business purpose. With a variety of unusual …

An Introduction to Illinois Audits and Appeals04/03/2018

There’s no way around it: Illinois is a complicated state in which to do business. This post is the first in a series that will address how to navigate even the most byzantine aspects of Illinois’s tax structure. More specifically, this post will address the …

500 West Madison Suite 3700
Chicago IL 60661

Phone: 312-606-3200 Fax: 312-606-3232
© HMB Legal Counsel 2021. All Rights Reserved.
Close