Ill. high court invalidates 'Amazon tax' for sales
Tax Law
The Illinois Supreme Court threw out a state law Friday that taxes certain Internet sales, saying the so-called "Amazon tax" violated federal rules against "discriminatory taxes" on digital transactions.
The 6-1 ruling represented the first time a court had invalidated an Internet sales tax law among 18 states that have them. It brought an immediate cry from traditional, store-based retailers for Congress to step into regulating taxes on web sales.
The court determined that Illinois' 2011 "Main Street Fairness Act" was superseded by the federal law, which prohibits imposing a tax on "electronic commerce" and obligates collection that's not required of transactions by other means, such as print or television.
Illinois' law required out-of-state retailers to collect state taxes on annual sales of more than $10,000 that involve in-state "affiliates," or website operators and bloggers, that draw consumers to the retailers' sites in exchange for a cut of each sale.
That prompted several high-profile departures from the Prairie State by companies such as CouponCabin.com, which fled rather than lose so-called "click-through-nexus" payments from the Internet retailers.
But Justice Anne Burke, writing for the court's majority, questioned whether there was any substantial difference between out-of-state businesses reaching Illinois consumers through a click-through-nexus approach or through other approaches that aren't taxed.
Related listings
-
Idaho Supreme Court upholds grocery tax veto
Tax Law 08/07/2017The Idaho Supreme Court on Tuesday upheld Gov. C.L. "Butch" Otter's contentious veto of legislation repealing the state's 6 percent sales tax on groceries.The high court's decision comes after 30 state lawmakers filed a lawsuit claiming Otter took to...
-
Court sides with towns over utilities in tax dispute
Tax Law 07/13/2017Two electric utilities seeking to reduce their property taxes in dozens of towns across New Hampshire lost an appeal Friday to the state Supreme Court.Eversource and the New Hampshire Electric Cooperative sought tax abatements from 64 towns in 2011 a...
-
South Dakota and Flandreau Santee Sioux tribe clash in court
Tax Law 07/03/2017The Flandreau Santee Sioux tribe is suing South Dakota over the state's interpretation that contractors working on an expansion of the Royal River Casino are required to pay contractor excise taxes to the state.The Argus Leader reported that the laws...
Can my trucking injury case be filed in Illinois?
If you have been injured in a truck driving accident, you may be wondering whether your worker’s comp case can be filed in Illinois. For an injured truck driver, this is an important question to ask, as the jurisdiction of the case can end up having a big impact on your benefits.
There are three main scenarios in which the Illinois Worker’s Compensation Commission would have jurisdiction over a trucking injury:
-If the accident took place in Illinois, If the employer is principally located in Illinois, or If the contract for hire is in Illinois
This means that a truck driver whose home terminal is in Illinois can make a claim for workers comp benefits in Illinois even if they were injured while on the road in another State. It also means that truck drivers who get hurt while passing through Illinois can file a claim in Illinois, even if their employer is located in another state.
If you have been injured on the road, and you are unsure where and how to file your workers comp claim, call us at (312)-726-5567 to begin your consultation. We can advise you whether Illinois is the right state to file for you. We have handled well over 30,000 claims for injured workers throughout the state of Illinois.