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Jun 21

Chamber Files Lawsuit to Block Cook County's Use Tax on Non-Titled Personal Property

Today, the Chicagoland Chamber of Commerce filed a lawsuit against the Cook County Department of Revenue to block the County from imposing the .75 percent use tax on non-titled personal property.

As the region’s Voice of Business, the Chicagoland Chamber of Commerce is committed to ensuring that all businesses in the region have a fair and equitable opportunity to conduct their business inside Cook County without penalty when they legally purchase materials or collateral outside of the county.

The Chamber argues that the tax is illegal on the grounds that the County does not have the authority under Illinois state statute to implement a non-titled use tax, the tax violates the Illinois Constitution’s prohibition of ad valorem taxes, and the tax collected by the County using a differential in tax rates for purchases made outside of the county prior to the amendment approved on June 19th violates the US Constitution’s Commerce Clause.

The Chamber is seeking an injunction on the future collection of the tax and for the County to issue refunds for all businesses that paid the tax since its effective date on April 1st. The Chamber’s lawsuit is in addition to two separate lawsuits that were filed against the county in May also challenging the legality of the ordinance on similar grounds that the Chamber is arguing.

While the Chicagoland Chamber of Commerce applauds Cook County President Toni Preckwinkle’s commitment to improve Cook County’s business climate and the elimination of the one percent sales tax increase, the Chamber is obligated to represent the interests of its members to challenge polices that we believe are illegal and discourage business growth and job creation.

Click here to read a Crain's Chicago Business story on the subject.

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