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October 2, 2020
State and Local Tax
This Week
Illinois General Assembly
The General Assembly is adjourned until the fall veto session.
New legislation
The following new bill was introduced this week. Given the timing and the sponsor I doubt the bill will move forward, but I am listing it because ideas contained in legislation that doesn't move forward sometimes find their way into other legislation.
HB 5844 - Skillicorn - Amends the Illinois Income Tax Act. Provides that the education expense credit shall be $2,500 for tax years ending on or after December 31, 2020. Provides that, if the school district in which the principal residence of the taxpayer is located has implemented attendance restrictions as a result of the COVID-19 pandemic during any part of the taxable year, then, for that taxable year only, the tax credit for residential real property taxes shall be equal to 25% of real property taxes paid by the taxpayer during the taxable year on the principal residence of the taxpayer.
Illinois Department of Revenue
The Department issued Informational Bulletin FY 2021-2 "Retailers' Occupation Tax Guidance for Remote Sellers as set forth by the Leveling the Playing Field for Illinois Retail Act."
The Department has updated its Resource Page for the "Leveling the Playing Field for Illinois Retail Act."
Rulemaking
The October 2 edition of the Illinois Register did not contain any proposed or adopted rulemakings by the Illinois Department of Commerce and Economic Opportunity or the Illinois Department of Revenue..
Court cases
No new tax-related cases this week.
The Illinois Supreme Court ruled on a number of petitions for leave to appeal to the court this week. There were some tax cases included.
Petitions for leave to appeal were granted in the following cases:
Guns Save Life v. Ali, 2020 IL App (1st) 181846, (March 13, 2020). The case is a challenge to Cook County's ordinance that imposed a tax on firearm sales and two types of ammunition sales within the County. The appellate court upheld the circuit court's grant of summary judgment in favor of the County.
In re Application for a Tax Deed, SI Resources, LLC v Castleman et al., 2020 IL App (5th) 190168, (June 2, 2020). After the circuit court issued a tax deed SI Resources, LLC filed a pleading seeking to declare the tax deed void. The circuit court granted the respondents motion to dismiss the filing. The appellate court affirmed the circuit court's order.
A petition for leave to appeal was denied in the following case:
Safety-Kleen Systems, Inc. v. Department of Revenue, 2020 IL App (1st) 191078, (April 28, 2020). This case was an appeal from a decision of the tax tribunal. The tribunal entered summary judgment in favor of the Department and against Safety-Kleen finding that temporary storage exemption from the use tax did not apply Safety-Kleen's virgin solvent.
Tax Tribunal
No new decisions were issued by the Tribunal this week.
As of this morning, no new cases have been filed with the tribunal this week.
Publications
My most recent column has been published in the Illinois CPA Society's Insight magazine.
The Illinois Department of Commerce and Economic Opportunity (DCEO) issued its annual report for the Enterprise Zone, High Impact Business and River Edge Redevelopment Zone Programs. |
