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capitol dispatch

February 2011
The Latest Regulatory & Legislative
News for Illinois CPAs

HOT TOPICS

OTHER NEWS

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HOT TOPICS
ICPAS INITIATIVES
Open Meetings Act
House Bill 1277 authorizes the closure of meetings between internal or external auditors and governmental audit committees, finance committees, and their equivalents, when the discussion involves internal control weaknesses, identification of potential fraud risk areas, known or suspected frauds, and fraud interviews conducted in accordance with US generally accepted auditing standards.
 
BUDGET
State Debt Consolidation
Senate Bill 3 creates the General Obligation Restructuring Bond Fund and the General Obligation Restructuring Bond Debt Service Fund as special funds in the state treasury to pay vouchers that are at least 60 days past due, medical expenses incurred by the state under its health plans, corporate income tax refunds, and other state operating expenses.
 
REGULATORY

IDFPR Licensees included in Whistle Blower Act
House Bill 1135 adds to the definition of "employee" any person licensed by the Department of Financial and Professional Regulation, and prohibits employers from adopting policies or enforcing rules preventing licensees from disclosing information to a government or law enforcement agency if there is a violation of state or federal law, etc.
 

TAX
Tax Hike Repeal
Senate Bill 78 / House Bill 175 / Senate Bill 1320 reduces the tax increase imposed by Senate Bill 2505 of the 96th General Assembly to the rates in effect immediately prior to the passage of Senate Bill 2505.

Net Loss Carryover Reduction Restored
Senate Bill 110 / House Bill 243 / House Bill 1897 restores a net loss carryover deduction for taxable years ending after December 31, 2010 and prior to December 31, 2014.

Illinois Amends Estate and Generation-Skipping Transfer Tax Act
Effective immediately, House Bill 1107 / Senate Bill 1767 provides that the estate tax shall not be imposed for persons dying after December 31, 2010.

Higher Taxes for Smokers
Senate Bill 6 adds an additional $1 tax per pack of cigarettes. The money is intended to support a long-term care fund.

Site of Business or Service for Taxing Purposes Expanded
Senate Bill 1783 provides that the terms "retailer maintaining a place of business in this State" and "serviceman maintaining a place of business in this State" include a retailer or serviceman having any representative, agent, salesperson, canvasser, independent contractor, or solicitor operating under the authority of the retailer or serviceman or its subsidiary for the purpose of selling, delivering, installing, assembling, or taking orders for any tangible personal property.

R&D Tax Credit
Senate Bill 163 reinstates the credit for taxable years ending prior to January 1, 2016 (now, January 1, 2011), and increases the amount of the credit from 6.5% to 8% of the qualifying expenditures for increasing research activities.

Public Access to Tax Rates to Come
Senate Bill 43 creates the Taxation Disclosure Act and provides that the Department of Revenue will make an online searchable database of tax rates by zip code, address, or interactive map publicly available.

Sales Tax Sourcing Further Defined
Senate Bill 2194 provides that, with respect to retailers' and service occupation taxes imposed by the state and units of local government, sales are attributed to the unit of local government where the purchase order is accepted, subject to certain exceptions.
 
GENERAL GOVERNMENT
Covenant Not to Compete
House Bill 16 creates the Illinois Covenants Not to Compete Act and establishes criteria for enforceability of such covenants.

IDFPR Appropriation
House Bill 131 appropriates $2 million from the General Revenue Fund to the Department of Financial and Professional Regulation for its FY12 ordinary and contingent expenses.

Health Benefits Exchange to Come to Illinois
Senate Bill 1549 creates the Illinois Health Benefits Exchange Act and provides the establishment of the Illinois Health Benefits Exchange to help individuals and employers with 50 employees or less to shop for, select, and enroll in qualified, affordable private health plans.
OTHER NEWS
STATE
Governor Quinn Presents $52.7 Billion State Budget
"The Governor proposed a lean budget that spreads the burden across state government, while implementing investments and economies needed to ensure a better future."
Although not mentioned in his remarks to the General Assembly, buried in his proposed budget documents was a proposal to de-couple from the federal bonus depreciation standards.
Read More.
(State of Illinois)

Illinois Department of Revenue Issues Bulletins
Form IL 4562 provides guidance for the new 100% bonus depreciation standards enacted as part of the Federal end-of-session tax legislation. Informational Bulletin 2011-09 provides tax practitioners, individuals and businesses with information on the new state income tax rates.

CPA Appointed to Illinois General Assembly
State Representative Pam Roth (R-Morris) was appointed to the Illinois House of Representatives to represent the voters of the 78th legislative district. Roth is the only CPA in the House.

Appellate Court Invalidates State Public Works Project Funding
"State construction and building projects may be in for a long haul. An Illinois Appellate Court ... threw out the state's multi-year, $31 billion capital program, leaving local lawmakers concerned."
Read More.
(Illinois Statehouse News)

 

SEC Launches Inquiry into Illinois Pension System
"Federal regulators are examining disclosures by Illinois about its unorthodox pension funding method, trying to determine whether the state misled bond investors about the risks."
Read More. (The New York Times)
 
NATIONAL
Tax Strategy Patent (TSP) Bill Introduced
"The proposed legislation would apply to any attempt to patent a strategy to reduce tax liability under federal, state, local or foreign law." Fourteen state societies including Illinois worked with the AICPA in defense of the TSP provision.
Read More. (Journal of Accountancy)
Read the Illinois CPA Society's letter to Representative Quigley.


1099 Repeal on the Floor
The proposed bill "[w]ould repeal both the expanded information reporting requirements enacted as part of last year's health reform legislation and the requirement that taxpayers who receive income from rental property issue 1099s to service providers."
The Illinois CPA Society and the AICPA support repeal of the expanded Form 1099 reporting requirements.
Read More. (Journal of Accountancy)

Taxpayer Advocate Delivers Annual Report to Congress
NTA Nina E. Olson's recent report "identifies the need for tax reform as the number one priority in tax administration today."
Read More. (Taxpayer Advocate Service)
 
 
 
CONTACTS

Marty Green, JD
Vice President,
Government Relations

Jill Loeser
Manager,
Government Relations
 

Government
Relations Office

Illinois CPAs for Political Action

A strong collective voice for CPAs and CPA firms, this group provides a foundation for successful legislative advocacy.
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New Members of the Illinois General Assembly

Representatives

Art Turner, Jr., D-9
(Art Turner, Sr.)

Ann Williams, D-11
(John Fritchey)

Daniel Biss, D-17
(Beth Coulson)

Robyn Gabel, D-18
(Julie Hamos)

Thaddeus Jones, D-29
(David Miller)

Bill Cunningham D-35
(Kevin Joyce)

Kelly Burke, D-36
(Jim Brosnahan)

Chris Nybo, R-41
(Bob Biggins)

Tom Morrison, R-54
(Suzie Bassi)

Michelle Mussman,
D-56
(Paul Froehlich)

Carol Sente, D-59
(Kathy Ryg)

Rita Mayfield, D-60
(Eddie Washington)

David Harris, R-66
(Mark Walker)

Joe Sosnowski, R-69
(Ron Wait)

Rich Morthland, R-71
(Mike Boland)

Pam Roth, R-75
(Careen Gordon)

Camille Lilly, D-78 (Deborah Graham)

Mike Unes, R-91
(Mike Smith)

Norine Hammond,
R-94
(Rich Myers)

Wayne Rosenthal, R-98
(Gary Hannig)

Adam Brown, R-101
(Bob Flider)

Chad Hays, R-104
(Bill Black)

Jason Barickman,
R-105
(Shane Cultra)

Dwight Kay, R-112
(Jay Hoffman)

Senators

John Mulroe, D-10
(Jim DeLeo)

Steve Landek D-11
(Lou Viverito)

Ron Sandack, R-21
(Dan Cronin)

Suzi Schmidt, R-31 (Michael Bond)

Christie Johnson, D-35
(Brad Burzynski)

Sue Rezin, R-38
(Gary Dahl)

Tom Johnson, R-48
(Randy Hultgren)

Sam McCann, R-49 (Deanna Demuzio)

Shane Cultra, R-53
(Dan Rutherford)
 

Legislative Statistics


As of February 14, 2011, 2369 bills have been introduced in the Senate and 1587 in the House.
 
 
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