"I’ve worked closely with Dave for over 15 years on a variety of state income tax matters involving roughly 15-20 states. Over the course of that time, I can attest that Dave’s subject matter knowledge, attention to detail, professionalism and creativity are unsurpassed! Best of all, Dave is a pleasure to work with." – Senior Tax Director
David is a partner in HMB’s State and Local Tax (SALT) Group and is a member of HMB’s Board of Directors. He helps clients limit their state and local tax exposure through sensible planning and, when necessary, vigorous litigation strategies.
David advises Fortune 500 companies, privately-held companies, middle-market businesses and individuals on strategies to minimize their state and local tax exposure, maintain compliance and reduce the risk of audit problems. This includes income tax, sales/use tax, franchise tax, gross receipts tax, and unclaimed property matters involving nexus, apportionment, business income, unitary business groups, credits, losses and exemptions.
Read MoreIn addition to helping clients all over the country structure their businesses to reduce state and local tax liabilities, David represents them in audits, administrative proceedings, litigation and appeals. He has argued cases for clients at the Illinois Supreme Court, the Illinois Appellate Court and the New York Supreme Court (Appellate Division). In addition to Illinois, David is licensed to practice in Wisconsin.
Multistate Expertise, National Impact
As an active thought leader and speaker in the SALT community, as well as an adjunct professor at Northwestern University Pritzker School of Law, David offers a unique perspective and knowledge drawn from years of hands-on, practical experience.
Experience
- MeadWestvaco Corp. v. Illinois Department of Revenue, 128 S.Ct. 1498 (2008) (income tax on sale of non-unitary division)
- Irwin Industrial Tool Co. v. Department of Revenue, 238 Ill2d 332, 938 NE2d 459, 345 Ill Dec 20 (2010)(use tax on airplane hangared outside the state)
- Milwaukee Safeguard v. Selcke, 179 Ill 2d 94, 688 NE2d 68 , 227 Ill Dec 731 (1997) (constitutional challenge to insurance premiums tax)
- Borden Chemicals and Plastics v. Zehnder,726 NE2d 73, 312 Ill App 3d 35 (2000) (income tax on non-resident limited partner)
- Home Interiors & Gifts v. Illinois Department of Revenue,251 Ill Dec 820, 741 NE2d 998 (2000) (income tax on interest from non-working capital)
- The Home Depot USA v. Hamer, Illinois Appellate Court unpublished order (2010) (sales tax bad debt deduction)
- Ogden Chrysler Plymouth v. Bower,251 Ill Dec 820, 741 NE2d 998 (2004) (sales tax on car manufacturer incentive payments)
- Exxon Corp. v. Bower,Illinois Appellate Court unpublished order (2004) (income tax on distributive share from non-resident partnerships)
- Stark Materials Company v. Illinois Department of Revenue,812 NE2d 362, 349 Ill App 3d 316 (2004) (sales tax on delivery charges)
- The Dow Chemical Company v. Illinois Department of Revenue,359 Ill App. 3d 1, 832 NE2d 284 , 295 Ill Dec 133 (2005) (unitary business group determination for income tax)
- Nationwide General Insurance Company, et al. v. Shapo, 263 Ill Dec 210 , 767 NE2d 936 (4th Dist. 2002)(insurance premiums tax refunds for unconstitutional tax)
- Nicor Corp. v. Illinois Department of Revenue, No. 1-07-1359 (Illinois Appellate Court, unpublished) (2008) (income tax on sale of subsidiary)
Education
Columbia University, J.D.
University of Notre Dame, B.A., magna cum laude
Admissions
Illinois
Wisconsin
Professional Memberships
- Adjunct Professor, LLM Tax Program at Northwestern University Pritzker School of Law
- Chicago Tax Club, Board of Directors and Chair, Indirect/Operational Tax Committee
- American Bar Association
- Chicago Bar Association, former SALT Committee Chair
- Illinois CPA Society, former SALT Committee Chair
- Taxpayers Federation of Illinois (Sales/Use Tax and Local Taxes Committees)
- Association of Consumer Vehicle Lessors (ACVL)
- Unclaimed Property Professionals Organization (UPPO)
- Chicagoland Chamber of Commerce
News
- David Hughes Named Vice Chair of the ABA State and Local Tax CommitteeJuly 27, 2021
David Hughes was named Vice Chair of the American Bar Association's State and Local Tax Committee. Founded in 1878, the ABA is committed to advancing the rule of law across the United States and beyond by providing practical resources for legal professionals, law school accreditation, model ethics codes and more. David advises Fortune 500 companies, privately-held companies, middle-market businesses and…
- David A. Hughes Elected to the Chicago Tax Club Board of DirectorsMarch 2, 2021
HMB congratulates David A. Hughes on being elected to the Chicago Tax Club Board of Directors. David is a partner in HMB’s State and Local Tax (SALT) Group and is a member of HMB's Board of Directors. He helps clients limit their state and local tax exposure through sensible planning and, when necessary, vigorous litigation strategies. David advises Fortune 500…
- David A. Hughes Discusses IL Gov. Pritzker's Pitch to Raise State Budget with Law360February 23, 2021
In this article by Law360, David A. Hughes discusses Illinois Gov. J.B. Pritzker's budget plan that would reverse several tax laws that the governor signed just two years ago, including a phaseout of the state's franchise tax. Read the full article by Law360 here (subscription required). Illinois' governor proposed temporarily capping net operating losses, reducing state deductions for global intangible…
- David A. Hughes Discusses Chicago's "Netflix Tax" with Bloomberg Law TaxJanuary 25, 2021
In this article by Bloomberg Law Tax, David A. Hughes discusses Chicago's "Netflix Tax". Read the full article here. Chicago will inject an economic presence standard and a safe harbor for smaller streaming and cloud services into its administration of the city’s “Netflix tax,” beginning July 1. Chicago’s Department of Finance issued a bulletin late Thursday outlining its enforcement of the amusement…
- HMB 2021 Board of DirectorsJanuary 1, 2021
HMB welcomes Sean D. Auton, Christin A. Handa, Jeffrey A. Hechtman, David A. Hughes and Kate Kanabay to its 2021 Board of Directors.
Events
- David Hughes Presented Classes as an Instructor for the Sales Tax Institute’s Advanced WorkshopJuly 28, 2021
David Hughes via the Sales Tax Institute, presented classes "Construction Industry Update" and "Breaking Down Local Taxes: Compliance & Audit Challenges" as an instructor. David presented "Construction Industry Update" on 4/20/21 and "Breaking Down Local Taxes: Compliance & Audit Challenges" on 5/5/21. In "Construction Industry Update", David discusses legislative updates, administrative process and audit issues and more. In "Breaking Down…
- David Hughes and Jordan M. Goodman presented "An Overview of Gross Receipts Tax" at the AGN Summer SALT Update - 6/1/21July 27, 2021
6/1/21 During this webinar for AGN, David Hughes and Jordan M. Goodman provide an update on recent developments in the world of State and Local Tax. The mission of AGN is to enable its members to globally support businesses and individuals with high standards, straight forward & practical business advice and local commercial know-how, wherever the need arises. AGN member’s…
- David Hughes Moderated the SALT Roundtable at the ABA Tax Conference - 5/10/21July 27, 2021
5/10/21 Join David Hughes as he moderates the SALT Roundtable at the ABA Tax Conference. The SALT Committee will be discussing related issues in a virtual version of its traditional “Saturday Morning Roundtable.” …
- David A. Hughes Presents, "Illinois Spring Legislative Wrap-Up" for the Chicago Tax Club - 6/9/21May 25, 2021
6/9/21 11:30AM - 12:45PM CT In this presentation for the Chicago Tax Club, David A. Hughes, with Korwin Roskos and Jacob Seitz from Andersen and Illinois Chamber Tax Institute Executive Director Keith Staats, will discuss the tax-related legislation passed – or not passed - by the Illinois General Assembly during the spring legislative session. This presentation qualifies for CPE and…
- Chris T. Lutz and David A. Hughes Present and Moderate the Webinar, "What to do with Public Law 86-272?" at the ABA-IPT Conference - 3/17/21March 2, 2021
3/17/21 Chris T. Lutz and David A. Hughes will be presenting and moderating at the ABA-IPT conference for webinar titled, “What to do with Public Law 86-272?” Public Law 86-272 is now 60 years old. While P.L. 86-272 made sense in the pre-internet, manufacturing oriented economy of 1959, many commentators have called into question the law’s continuing relevance in a…
blog
- Cover Your SaaS – Issue V, Q3 2021October 4, 2021
As we move into harvest season, we here at Cover Your SaaS (CYS) have cultivated a fresh crop of updates for your enjoyment. Keen observers will note that there has been a somewhat larger gap than usual between newsletters and we admit, it has been a minute. Of course, absence makes the heart grow fonder so we are excited to…
- Cover Your SaaS - Issue IVDecember 8, 2020
With the holidays upon us, it seems like a good time to take a pleasant stroll through the cloud computing and digital product SALT developments you and your clients should be aware of. We returned to the “classic” format for this edition, organizing the stories by jurisdiction, headlining them in summary fashion, and then providing context and snappy analysis. If you have follow-up questions, please let us know.
- Cover Your SAAS - Issue IIIAugust 18, 2020
Welcome to the third edition of Cover Your SaaS. Following a brief mid-summer hiatus from which the authors returned pale as ever, we dive once more into the cloud computing and digital product SALT developments you and your clients should be aware of. This is a bumper edition, so we have organized the updates by general topic rather than solely by jurisdiction.
- Cover Your SaaS - Issue IIJune 22, 2020
Welcome to the second edition of Cover Your SaaS, your new favorite(ish) semi-regular publication from HMB Legal Counsel’s State & Local Tax team. Far from accepting a sophomore slump, this edition boldly delves into SALT developments in the digital products sphere, the importance of separately stating charges, and the dangers of straying into taxable telecommunications.
- Cover Your SaaS: A Semi-Regular Publication on State and Local Tax Developments in the Cloud Computing and Digital Space - 4/10/20April 10, 2020
Welcome to the first edition of Cover Your SaaS, a new semi-regular publication from HMB Legal Counsel’s State & Local Tax team. Using the latest in news-scanning technology, i.e., the daily emails that land in our inbox, our goal is to keep you updated on key SALT developments in the digital and cloud computing space.
