Tax Law Updates | New Statutes, Regulations, and Rulings

March 21, 2011

Illinois Governor Signs Internet Sales Tax Legislation

Mainstreet Fairness Bill
House Bill 3659, 3/10/2011

Illinois Governor Signs Internet Sales Tax Legislation

Illinois Governor Pat Quinn has signed legislation to require all companies doing business in Illinois to collect and remit the legally required sales taxes. House Bill 3659 – the Mainstreet Fairness Bill – was a bipartisan initiative that passed both houses of the General Assembly with overwhelming support.

The law, sponsored by Rep. Patrick Verschoore (D-Rock Island) and Senate President John Cullerton (D-Chicago), will require all online retailers who contract with an “affiliate” in Illinois to collect sales tax on customer purchases and remit it to the Illinois Department of Revenue (IDOR).

“Illinois’ main street businesses are critical to ensuring our long-term economic stability, which is why they must be able to compete with every company doing business online in Illinois,” said Governor Quinn. “This law will put Illinois-based businesses on a level playing field, protect and create jobs and help us continue to grow in the global marketplace.”

Illinois law currently requires taxpayers and businesses to report and pay sales tax on items purchased from retailers that do not collect sales tax on their behalf. The Illinois Department of Revenue (IDOR) estimates that between $153 million and $170 million in sales tax revenue per year goes uncollected, as individuals and businesses are unaware of or avoid their obligation to pay sales tax on such items.

“The Illinois Retail Merchants Association proudly stands with Governor Pat Quinn today as he signs House Bill 3659 into law,” said David Vite, president of the Illinois Retail Merchants Association. “This puts Illinois as a national leader in restoring fairness – fairness for retailers, fairness for the economy but most importantly, fairness for taxpayers. No taxpayer should be punished because out-of-state companies won’t play by the rules. Thanks to the leadership of the legislature and the Governor’s action today, we can all rest easier knowing that the right policy prevailed and everyone is now on an even playing field.”

At the request of Governor Quinn, the Alliance of Main Street Fairness (AMSF) has begun a website (www.standwithmainstreet.com) to help Illinois affiliates expand their customer bases. The Illinois Department of Commerce and Economic Opportunity (DCEO) will partner with the Illinois Retail Merchants Association and AMSF to provide growth opportunities, foster an environment to create more Illinois jobs and provide online shopping consumers with greater opportunities to save money.

The law is effective immediately.

Also See:

IRS Reminds Tax Preparers Need to File Due Diligence Checklist with All Earned Income Tax Credit Claims

IRS Provides Penalty Relief to Farmers Affected by MF Global Bankruptcy

IRS Issues Guidelines to Parents and Students on College Tax Benefits

Treasury, IRS Issue Proposed Regulations for FATCA Implementation

IRS Issues Guidance to Encourage Small Employers to Check Out Small Business Health Care Tax Credit

Companies Mentioned

Tax Law

The following companies are mentioned in Tax Law Updates:

Internal Revenue Service

Swallows Holding, Inc.

The State of New York

New York State Department of Taxation and Finance

Amazon.com LLC

Amazon Services, LLC

Santini Stone LLC

City of Chicago

StubHub, Inc.

Mayer Brown LLP d.b.a. Mayer, Brown, Rowe & Maw LLP

Textron Inc.

County of Los Angeles

TIFD III-E, Inc.

Agere Systems, Inc. f.k.a. Lucent Technologies, Inc.

Detroit Medical Center

Department of Justice

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