Two significant developments have occurred with respect to the
Cook County Non-Titled Personal Property Use Tax ("Use
Tax") and Reed Smith's challenge to the Use Tax.
First, on behalf of the Chicagoland Chamber of Commerce and its
members (the "Chamber"), Reed Smith filed an additional
challenge to the Use Tax.
Second, Cook County (the "County") amended the Use Tax
Ordinance in response to Reed Smith's initial lawsuit,
decreasing the Use Tax rate to equal the corresponding sales tax
rate.
Here is how these two developments may affect other
taxpayers:
Chicagoland Chamber of Commerce Files Action Against Cook
County
The Chamber's action generally mirrors Reed Smith's
initial lawsuit filed against the County challenging the Use Tax.
(See our prior Alerts for a
detailed discussion about the Use Tax and the
challenges thereto.) However, in this action, the Chamber asked
the court to clarify that taxpayers can obtain refunds if the Use
Tax is declared illegal.