Chicago Sued Over New 9% Internet Cloud Tax

Chicago Sued Over New 9% Internet Cloud Tax

CHICAGO — The city of Chicago has been sued over its new nine percent cloud tax, which extends the city's amusement tax to online entertainment offerings.

The nonprofit Liberty Justice Center laid out its case in a suit filed last week in Cook County Circuit Court on behalf of six residents who subscribe to various online — and now taxable — entertainment services.

Chicago's Finance Department announced in June that it was extending the city's amusement tax to online entertainment offerings. Chicago officials have estimated that expanding the tax will bring in about $12 million a year.

Previously, the tax in Chicago has applied to theatrical and concert performances, sporting events and certain recreational activities.

Now, with the extension, customers of streaming media providers are subject to the tax.

The suit contends that the new cloud tax is illegal because the original law does not specifically include streaming media services.

In order to legally collect tax revenue from such services, Liberty Justice Center argues, the elected city council members must put the measure through the political process.

The suit also contends that the tax discriminates against consumers who choose to receive online entertainment.

When individuals go to performances, ticket prices include a maximum amusement tax of five percent; when online customers stream similar entertainment, they are hit with a nine percent tax. The rate disparity is in violation of the 1998 Internet Freedom Tax Act, Liberty Justice Center said.

Chicago-based adult industry attorney Joe Obenberger told XBIZ that “it's no wonder that litigation has started to challenge this action.”

Obenberger said the “analysis starts with both Quill Corp. vs. North Dakota, 504 U.S. 298 (1992) and 1998 Internet Tax Freedom Act, and it includes evaluation of whether what is being sold can be characterized as goods or services.”

In the suit, Liberty Justice Center is asking that the court declare that Chicago’s comptroller had no authority to extend the amusement tax and to put a halt to enforcement of the streaming tax.

It also is seeking repayment to the plaintiffs of the amount of tax they have paid so far.

Obenberger noted that online adult entertainment operators should take a knowledge-is-power approach to profit-reducing moves such as Chicago’s.

“Internet operators do need to be concerned with anything that could subject them to the roughly 32,000 taxing jurisdictions within the U.S.,” Obenberger said.

Copyright © 2024 Adnet Media. All Rights Reserved. XBIZ is a trademark of Adnet Media.
Reproduction in whole or in part in any form or medium without express written permission is prohibited.

More News

MojoHost Reaffirms Commitment to Adult Industry Amid Project 2025 Implications

In the wake of Tuesday's election and amid concerns about the possible ramifications for the adult industry, MojoHost President Brad Mitchell has releases a statement addressing Project 2025 and the future of the industy.

Adult Web Hosting Service 'Midnight-Host' Launches

Midnight-Host, a new web hosting service designed specifically for adult websites, has launched.

ASN Lifestyle Magazine Joins Pineapple Support as Media Sponsor

ASN Lifestyle Magazine has joined the ranks of over 60 adult businesses and organizations committing funds and resources to Pineapple Support, partnering with the organization as a media sponsor.

Adult Industry Reacts to Trump Victory

On Tuesday, former President Donald Trump was reelected, defeating Vice President Kamala Harris to reclaim the office he lost four years ago.

Fetisfy Online Fetish Marketplace Launches

Fetisfy.com, an online marketplace for users to sell fetish items, has launched.

Pineapple Support Launches 'Spill the Tea, Colombia' Community Support Event Series

Pineapple Support has launched "Spill the Tea, Colombia," a monthly, in-person community support event for adult industry professionals.

Streamster Launches 'Tip2Peep' Camera-Switching Feature

Live-streaming software provider Streamster has launched Tip2Peep, a new feature that allows viewers to switch between multiple webcam viewing angles by tipping the creator.

Tyler Wu Guests on Chaturbate's 'Sex Tales' Podcast

Tyler Wu is the latest guest on Chaturbate’s “Sex Tales” podcast, hosted by Melissa Stratton and Vanniall on the company’s “Camming Life” YouTube channel.

Fleshy to Launch Interactive Cam Site 'Eromote'

Male pleasure brand Fleshy has announced that it will launch an interactive, bidirectional cam site next month called Eromote.

XBIZ LA Show Introduces New 'Crib Crawl' Feature

XBIZ is pleased to announce that the 2025 edition of its flagship conference, the XBIZ Show, will debut a brand-new feature: Crib Crawl, offering attendees the chance to meet and greet representatives from leading brands and organizations in dedicated suites at the host venue.

Show More