Lauren A. Ferrante
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Lauren A. Ferrante focuses her practice on state and local taxation. She represents taxpayers at all stages of state and local controversy disputes at the audit, administrative and judicial levels. Lauren also assists taxpayers with planning, transactional, and compliance matters with respect to various state and local taxes, including income and franchise, sales and use, gross receipts and other miscellaneous taxes. Read Lauren Ferrante's full bio.
Illinois Responds to Federal Tax Reform Bill by Proposing Legislation to Decouple from the FDII Deduction
By Lauren A. Ferrante on Mar 2, 2018
Posted In Federal Tax, Illinois, Income Tax, Tax Base
The 2017 federal tax reform bill, known as the Tax Cuts and Jobs Act (Act), made a number of significant changes to the law, particularly to the international tax provisions of the Internal Revenue Code (IRC). Last month, Illinois joined the growing number of states responding to the Act by proposing legislation purporting to add-back...
By Fred M. Ackerson, Lauren A. Ferrante and Mary Kay McCalla Martire on Feb 15, 2018
Posted In Allocation/Apportionment, Illinois, Income Tax
Last year, Illinois enacted a mid-year income tax rate increase. Effective July 1, 2017, Illinois increased the income tax rate for individuals, trusts and estates from 3.75 percent to 4.95 percent, and for corporations from 5.25 percent to 7 percent. The Illinois Personal Property Replacement Tax (imposed on corporations, partnerships, trusts, S corporations and public...
By Lauren A. Ferrante and Mary Kay McCalla Martire on Jan 9, 2018
Posted In Illinois, Procedure, Sales Tax
On December 29, 2017, the Illinois Appellate Court issued a ruling reversing the decision of the Illinois Independent Tax Tribunal (Tribunal) in Waste Management of Ill., Inc. v. Ill. Independent Tax Tribunal, 2017 IL App (1st) 162830-U. This is the second appellate court to consider a Tax Tribunal ruling, and the first to overturn a...
By Lauren A. Ferrante and Mary Kay McCalla Martire on Nov 21, 2017
Posted In Illinois, Local Tax, Michigan, Procedure
Earlier this fall, the Cook County Board voted to repeal its constitutionally suspect, politically unpopular one cent per ounce sweetened beverage tax (Tax). The short-lived Tax will expire at the end of the County’s fiscal year on November 30, 2017. Having been tasked with implementing the Tax, the Cook County Department of Revenue (Department) is...
While Virginia Supreme Court Holds “Subject-To-Tax” Means “Actually Taxed,” Determination of “Actually Taxed” is Relatively Broad for Purposes of Addback Exception
By Jane Wells May and Lauren A. Ferrante on Sep 6, 2017
Posted In Income Tax, Nationwide Importance, Tax Base, Virginia
On August 31, 2017, in a 4-3 split decision, the Virginia Supreme Court (Court) affirmed a circuit court’s ruling that in order for income to qualify for the “subject-to-tax” exception to its addback statute, the income must actually be taxed by another state. Kohl’s Dep’t Stores, Inc. v. Va. Dep’t of Taxation, no. 160681 (Va....
Illinois Court Upholds Cook County’s Beverage Tax Finding It Passes Constitutional Muster and Related Developments
By Lauren A. Ferrante and Mary Kay McCalla Martire on Aug 15, 2017
Posted In Constitutional Issues, Illinois, Local Tax
On July 28, Circuit Judge Daniel Kubasiak dismissed the Complaint filed by the Illinois Retail Merchants Association and a group of retailers challenging the constitutionality of the Cook County, Illinois Sweetened Beverage Tax (Tax). A copy of the court’s Order is linked here (Order). The Order also dissolved the June 30 temporary restraining order which...
Beverage Tax Wars Continue as Parties Head Back to Court for a Preliminary Injunction Hearing on the Cook County, Illinois Tax
By Lauren A. Ferrante and Mary Kay McCalla Martire on Jul 12, 2017
Posted In Constitutional Issues, Illinois, Local Tax, Pennsylvania, Sales Tax
A legal challenge to Cook County Illinois Sweetened Beverage Tax (Tax) heads back to circuit court today for a hearing on the plaintiffs’ motion for preliminary injunction. On June 30, Circuit Judge Daniel Kubasiak issued a temporary restraining order (TRO), halting Cook County, Illinois’ imposition of the Tax, which was to take effect on July...
By Fred M. Ackerson, Lauren A. Ferrante and Mary Kay McCalla Martire on Jul 7, 2017
Posted In Illinois, Income Tax, Sales Tax
Yesterday afternoon, after months of wrangling and a marathon 4th of July weekend session, the Illinois House of Representatives voted to override Governor Bruce Rauner’s veto of Senate Bill (SB) 9, the revenue bill supporting the State’s Fiscal Year (FY) 2017-2018 Budget. The vote ended Illinois’ two year budget impasse and may avoid a threatened...
By Catherine A. Battin and Lauren A. Ferrante on Jun 19, 2017
Posted In False Claims Act, Illinois
In a bombshell opinion, the Illinois Appellate Court held that a law firm serving both as client and attorney may not recover statutory attorneys’ fees under the Illinois False Claims Act (the Act). In People ex rel. Schad, Diamond & Shedden, P.C. v. My Pillow, Inc., 2017 IL App (1st) 152668 (June 15, 2017), the...
By Lauren A. Ferrante and Mary Kay McCalla Martire on Jun 13, 2017
Posted In False Claims Act, Illinois, Income Tax
On May 31, the Illinois General Assembly closed its regular legislative session, without a budget agreement. Senate Bill 9 As we previously reported, the Senate passed a modified version of Senate Bill 9 (Bill), a tax proposal that is part of the Illinois “Grand Bargain” that we described in a previous post. The version of...