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Multistate Tax  |  October 1, 2021
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Sales/Use:
Illinois Rules on Marketplace Facilitator Obligations for Food Delivery Services are in Effect

86 Ill. Adm. Code sections 131.105, 131.107, 131.110, 131.120, 131.125, 131.130, 131.135, 131.140, 131.145, 131.150, 131.155, 131.160, 131.170, 131.175, 131. ILLUSTRATION A, Ill. Dept. of Rev. (eff. 9/15/21). The Illinois Department of Revenue (Department) modified and reissued its emergency rules [see State Tax Matters, Issue 2021-30 and State Tax Matters, Issue 2021-35, for earlier details on these emergency rules], which provide, among other changes, that the Metropolitan Pier and Exposition Authority Retailers’ Occupation Tax (MPEA) and the Chicago Home Rule Municipal Soft Drink Tax are required to be collected and remitted by food delivery services that are considered marketplace facilitators meeting Illinois’ tax remittance thresholds, including information regarding the manner in which these taxes are imposed under these circumstances. The Department now states that such provisions apply as of October 1, 2021. Originally, the Department released an earlier version of these emergency rules that included a July 13, 2021 overall effective date; subsequently, it suspended them on August 18, 2021. Please contact us with any questions.

 

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Mary Pat Kohberger (Chicago)

Managing Director

Deloitte Tax LLP

Robyn Staros (Chicago)

Managing Director

Deloitte Tax LLP



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In this issue

Income/Franchise
Colorado DOR Proposes Special Industry Apportionment Rule Addressing Hedging Transactions

New Jersey: CBT Combined Reporting Initiative Extended Through 3 January 2022

West Virginia: Proposed Rule Changes Reflect Adoption of Single Sales Factor and Market-Based Sourcing

Sales/Use
Hawaii General Excise Tax and Use Tax are Not Expressly Preempted by FTZ Act

Illinois Rules on Marketplace Facilitator Obligations for Food Delivery Services are in Effect

Massachusetts DOR Withdraws Online versus In-store Sales Reporting for Some Sales Tax Filers

Mississippi DOR Proposes Changes to Rule on Computer Software and Services Addressing Cloud Computing

New York Trial Court Dismisses Suit Against Retailer on Tax Treatment of Instant Savings Program

Tennessee DOR Addresses New Law Allowing Some Customers to Directly File Sales Tax Refund Claims

Texas Comptroller Says it Will Not Enforce Some Rule Changes Involving Local Tax Sourcing

Texas: Proposed Rule Changes for Comment Define Bad Debt Credit Terms and Reflect Policy

Utah Administrative Ruling Holds that Online Access to Training Platform is Taxable

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