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October 16, 2020
State and Local Tax
This Week
Illinois General Assembly
The General Assembly is adjourned until the fall veto session.
New legislation
HB 5853 - Davis - Amends the Property Tax Code. Provides that any taxing district that has an aggregate property tax levy of more than $5,000,000 for the applicable levy year shall make a good faith effort to collect and electronically publish data from all vendors and subcontractors doing business with the taxing district as to whether the vendor or subcontractor is a minority-owned, women-owned, or veteran-owned business or whether the vendor or subcontractor is a small business. Preempts the concurrent exercise of home rule powers. Amends the State Mandates Act to require implementation without reimbursement. Effective immediately.
Illinois Department of Revenue
The Department's annual Tax Practitioner meeting has been scheduled for November 6 and will be held virtually his year. Information about the meeting and registration instructions are available at this link
Cook County
Cook County President Preckwinkle presented he County's proposed Budget for FY 2021. President Preckwinkle announced that the budget for the upcoming fiscal year is balanced with no tax increases or the need for immediate federal assistance.
Rulemaking
The October 9 edition of the Illinois Register was not published last Friday morning by the time I sent out the newsletter. There was one adopted hotel tax rulemaking by the Illinois Department of Revenue. The rules were amended to conform the rules to the changes made to the Hotel Operators Occupation Tax by P.A. 100-213 which provided that effective July 1, 2017 the tax is not imposed upon gross rental receipts received by an entity that is organized and operated exclusively for religious purposes and possesses an active Exemption Identification Number issued by the Department pursuant to the Retailers' Occupation Tax when in certain specified circumstances acting as a hotel operator renting, leasing, or letting rooms.
The October 16 edition of the Illinois Register did not contain any new or adopted rulemakings by the Illinois Department of Revenue.
Today's Illinois Register contained one adopted rulemaking by the Illinois Department of Commerce and Economic Opportunity (DCEO) adopting rules for the Illinois Works Jobs Program Act. DCEO describes the summary and purpose of the rules as follows:
"The Illinois Works Apprenticeship Initiative applies to public works projects with an estimated total project costs of $500,000 or more. The program will impact grantees, contractors and subcontractor who receive money from appropriated capital funds for public works projects. For those projects, the goal of the Illinois Apprenticeship Initiative is that apprentices will perform either 10% of the total labor hours actually worked in each prevailing wage classification or 10% of the estimated labor hours in each prevailing wage classification, whichever is less."
Today's Illinois Register also contains one emergency rulemaking adopted by DCEO. This emergency rulemaking consists of rules for the Business Interruption Grant Program. DCEO provided the following description of the subjects and issues involved in the rulemaking:
"The emergency rules implement the Business Interruption Grant Program authorized by PA 101-636, Article 30 (new 20 ILCS 605/605-1050), PA 101-7, Article 46, Section 100, and PA 101-637, Article 30, Section 55. The amendments provide the administrative framework required for the Department to administer this program, which provides financial support to livestock management facilities that have incurred expenditures or suffered losses because of the COVID-19 public health emergency. The amendments also provide an expanded administrative framework for the next round of disbursements under the Business Interruption Grant program."
Court cases
No new tax-related cases this week.
Tax Tribunal
No new decisions were issued by the Tribunal this week.
As of this morning, no new cases have been reported to have been filed with the Tribunal this week.
Publications
Save the Date - December 8
The next meeting of the Tax Institute will be held via webcast on Tuesday December 8 from 10:00. We will discuss the results of the fall veto session, the impact of the election on Illinois and federal taxes, City of Chicago and Cook County taxes, and discuss the Tax Institute's legislative initiatives for the 2021 spring Illinois legislative session.
Here is a link to the Tax Institute legislative package for 2020. Please let me know your thoughts on re-introducing these proposals, as well as your suggestions for additional legislative proposals to be considered at our December 8 meeting.
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