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Hutchinson Passes Bill to Clarify Collection of Sales Tax

Springfield, IL State Senator Toi Hutchinson (D-Chicago Heights) passed legislation out of the Senate today that will clarify which municipality receives the local portion of sales tax on a purchase order. Illinois uses origination sourcing when determining which unit of local government receives the sales tax on a purchase order that is placed in another municipality. Origination sourcing means sales tax is paid on an order based on where that order is received instead of where an order is delivered.

"This legislation will codify into law a state practice for over fifty years of using the location where an order was accepted as the determining factor for which municipality receives the sales tax on that order," Hutchinson said. "This policy was called the bright-line taxing rule. In recent years, the Department of Revenue has shifted course, applying a subjective tax that combines many different factors when determining which municipalities tax rate applies. This type of system is not good for business. It is confusing and cumbersome, and is not the type of stability businesses need."

Changes contained in this legislation will also take into account the growing business of sales orders received by e-mail or facsimile. In response to concerns raised by the Regional Transportation Authority (RTA) and the Department of Revenue, language has also been added to ensure companies do not set up sham offices to receive sales orders when the office is in reality just a one-person office that does not fully process sales.

"This legislation will bring clarity to the collection of sales taxes so that businesses know exactly what the sales tax rate will be for a transaction based on where the order is received," Hutchinson said. "Guessing which tax rate should apply to a specific sale, and then waiting to see if a Department of Revenue audit disagrees with a decision, is not the inviting environment we are trying to create in Illinois."

Senate Bill 2194 now heads to the Illinois House for further consideration.

Senator Toi W. Hutchinson


40th District

Years served:
Appointed January 2009

Committee assignments: Agriculture and Conservation; Labor; Local Government; State Government & Veterans Affairs (Vice-Chairperson); Transportation; Committee of the Whole; Trans Subcommittee Special Issues; Subcommittee on Special Issues.

Biography: Full-time state legislator; Born May 20, 1973; Graduated University of Illinois at Urbana with a Bachelor in English; Olympia Fields Village Clerk from 2002-2006; Harvard Kennedy School of Government Executive Management Program; Women and Power, 2004; Former Chief of Staff to State Senator Debbie Halvorson; Lives in Olympia Fields with husband, Paul, and 3 children.