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Chicago demanding amusement taxes
from online resellers

June 22, 2008

Online entities are becoming the preferred avenue for states and localities to collect much-needed tax revenue.

As I blogged about here, Amazon is battling it out with various jurisdictions over sales taxes on its Internet transactions.

Chicago_theatre_sign_2
Now, Chicago says eBay and StubHub owe the city amusement taxes on tickets to Chicago-based events that were sold or resold through the popular Web sites. Technically, Chicago officials are trying to get the money from just one company, since eBay bought StubHub last year.

Either way, contends the city in complaints filed in Cook County Circuit Court, eBay and StubHub are "reseller’s agents" and are therefore required to pay Chicago’s 8 percent amusement tax.

In addition to collecting the allegedly unpaid taxes, interest and penalties from each company, Chicago is seeking:

  • A declaratory judgment that eBay and StubHub are required
    to collect and remit the tax.
  • A court order that the companies allow the Chicago Department of Revenue
    to audit the companies’ books and records.
  • Fines against the firms for failing to produce their books and
    records.

The city charges that eBay and StubHub have refused to
comply with a request for ticket sales’ records since last year, which
triggered the imposition of fines set at $500 per day until the matter
is settled.

Jenny Hoyle, a
spokeswoman for the city’s Law Department, told the Chicago Tribune that while the city believes thousands of tickets to events at Chicago venues have been sold through the Web sites, it’s unclear what the total sales are, which
is why the city wants access to the brokers’ books.

Expected response from online companies: Both online outlets plan to fight the suit.

"We do not believe that the City’s Amusement Tax applies to either eBay’s or
StubHub’s business models, nor do we believe that the Amusement Tax can properly
be assessed here," said identical statements issued by spokesmen for both
companies.

eBay and StubHub subsequently filed papers to have the cases moved from the original Cook County Circuit Court to the United States District Court for the Northern District of Illinois because of the amount of money in question and the "diversity of citizenship," i.e. "… political subdivisions are citizens of their respective States."

You can read the removal to federal court filings, which recount the city’s original claims, at City of Chicago v. eBay, Inc. (No. 2008-L-050524) and City of Chicago v. StubHub!, Inc. (No. 2008-L-050525).

Chicago loves its lawsuits: This isn’t the first time Chicago has gone after resellers. In October 2005 the city filed a lawsuit seeking unpaid taxes against 17 companies that
sell Chicago hotel rooms over the Internet, including Hotels.com, Orbitz.com, Priceline.com and Travelocity.com. That suit is still pending.

Chicago theater photo courtesy of Joe’s Pirate Planet.

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TAX-SAVVY WAYS 
TO WRAP UP 2026

It’s over! With October’s extended filing deadline behind us, it is now time to focus on year-end moves to reduce your 2026 tax bill. 

You’ll find ways to do just that on the Tax Tips page (see the More Tax Posts drop-down menu at the top of the blog), as well as the separate tax tip pages for each month, notably October through December. If you’re on the Tax Tips page, you’ll find a monthly list at the end of this column. If you’re on another blog page, you can head straight to the October tips; at the bottom of that tips page you’ll find links to all the other 11 months’ collections of tax advice.

Not to spoil what you’ll find in that tax advice, but it does cover such things as tax deductions for charitable donations, investment moves that could reduce tax due, and ways to max out your tax-favored retirement savings. 

Finally, as the year winds down, things get hectic. There are lots of other things to occupy our time, like the much more fun upcoming holidays. But don’t lose sight of taxes, since timing is key. To be of use, most tax moves must be made by the end of the tax year. That’s Thursday, Dec. 31, which also is the last business day of the year. 

So that you don’t miss that final tax year deadline, also keep an eye on the countdown clock below. It will keep you on top of just how much time is left to make important, tax-saving moves. (Note: I’m in the Central Time Zone, so adjust accordingly for where you live.)

Comments
  • Chicago sucks,I know i live here. Best bet stay away.Dont do business here.Moved out of ths city years ago.Next move is out of the state.This city and state see residents and visitors as $$$.The greed is unbelievable.

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