Chris is a partner and Chair of the State and Local Tax (SALT) group. He focuses his practice on resolving complex SALT issues and regulatory compliance matters.
Chris represents multistate and multinational companies on a range of issues, including income tax, local taxes, sales and use taxes, and taxes relating to financial institutions, insurance, telecommunications and energy companies. He has successfully represented clients at all state court levels and before administrative tribunals, nationwide.
An active member of the SALT community, Chris is a regular lecturer and author to many major SALT institutions and their publications. He currently serves as vice chair on the committee for IPT’s Annual Conference Income Tax Section and previously worked at COST as a legal fellow.
Detailed Counsel, Always Up-to-Date
Clients rely on Chris for his sophisticated understanding of their multistate tax issues. A frequent author and lecturer, Chris is a go-to resource for many industry publications and his clients alike. While he loves learning about his clients’ businesses to better help with multistate compliance, businesses often come to Chris for his litigation experience. When the stakes are the highest, Chris’s experience and enthusiasm give clients the peace of mind to confidently resolve their issues with any state.
Christopher T. Lutz discusses the latest decision in Ooma Inc. v. Oregon Department of Revenue with Tax Notes. According to Chris, Ooma raised a fair question in its cert petition.
The state tax agency recently proposed a rule where businesses that are exempt from a foreign country’s tax due to treaties would no longer need to account for their receipts into those jurisdictions when determining their Illinois income tax liability. Christopher T. Lutz discusses the proposed rule with Law360 and says it would better align Illinois’ tax regime with its market-based sourcing approach and single-sales-factor apportionment formula.
Christopher T. Lutz Discusses Localities Outsourcing Tax Services with Law360.
Chris Lutz shared his insight into online merchants' requirement to pay income tax in additional states with Bloomberg Law as states consider how to implement some or all of a statement on Public Law 86-272, recently revised by the Multistate Tax Commission.
In "PepsiCo Unitary Group Includes Member, Illinois Tribunal Says" Chris T. Lutz discusses the ruling with State Tax Notes. Read the full article by State Tax Notes here. The Illinois Tax Tribunal ruled that a member of PepsiCo’s business group is a company conducting business within the United States, and its income is included in the unitary group’s income. The…
On May 16th, Christopher T. Lutz will present, “Jurisdictions to Tax” at COST’s 2022 SALT Basics School. Chris will review the various restrictions on a state’s ability to impose taxes such as constitutional restrictions, federal legislation and judicial pronouncements.
Christopher T. Lutz will present, “Alternative and Non-Traditional Challenges to Income Taxes” at the Council on State Taxation’s 2022 Income Tax Conference & Spring Audit Session.
Marilyn Wethekam, Jordan Goodman and Chris Lutz present, "Notes from the Courtroom: An Update on State Corporate Income Tax Litigation Across the Country."
Upcoming Webinar: Chris T. Lutz Presents, “State Taxation of Digital Goods, Services and Software in 2021” with Duff and Phelps.
4/21/21 1:45PM The TEI Dallas Chapter have asked Jordan M. Goodman and Chris T. Lutz to take a tour of the countries’ state tax decisions and explain their impact on multi-state business. They will also identify trends around the country in the SALT area and offer advice on how to address state audit positions.…
Effective January 1, 2021 Kentucky eliminated its Bank Franchise Tax ("BFT")and instead subjected financial institutions and financial organizations to the state's existing Corporate Income Tax ("CIT") and Limited Liability Entity Tax ("LLET").
Read the full article on State Tax Notes here (subscription required). In his new column on State Tax Notes, Chris discusses how states and Congress should address challenges presented by Public Law 86-272 and criticizes state efforts to interpret the law out of existence. In the past 15 years, the state corporate income tax landscape has undergone significant change. Although…
With the Tax Cuts and Jobs Act (TCJA), many taxpayers have begun to focus on the manner in which states tax foreign income. Illinois? taxation of foreign income is fairly in line with most other states. However, given how much states can diverge on this complicated issue, having a general understanding of how the state treats foreign income is necessary for any multinational business operating in Illinois.
In a previous post, we addressed the basics of Illinois corporate income tax apportionment. We also addressed how while most corporations are required to follow the standard statutory formula, the state imposes unique rules on a number of industries, including financial organizations. In addition to financial organization, insurance companies must also apportion their income to Illinois according to special rules. As with financial organizations, beginning with the tax year ending December 31, 2017, insurance companies must be included in the combined return with the entire unitary business group.
In a General Information Letter published in 2017, Illinois addressed how its taxation of canned and custom software would apply to cloud computing. The state explained that software as a service (SaaS) is not subject to the Retailers' Occupation Tax, and SaaS providers are instead subject to the Servicemen Occupation Tax. Thus, providers of SaaS to Illinois customers will generally be subject to use tax on tangible personal property transferred as an incident to the sale of SaaS.
Partnerships are not subject to the Illinois Income Tax. Instead, partners are taxed individually on their distributive shares from a partnership. For nonresident individual partners, only their pro rata share of the partnership's income apportioned to Illinois is taxable. Corporate partners may be required to combine the partnership income and factors in their combined business income and factors if they are unitary with the partnership. However, it is always important to keep in mind that Illinois also imposes a Replacement Tax which is generally imposed at the entity level.
The Illinois Franchise Tax is a weird tax. It is imposed on the privilege of exercising a franchise in Illinois or, in the case of foreign corporations, for the authority to transact business in the state. It is administered by the Illinois Secretary of State, not the Department of Revenue, and is measured by paid-in capital. Knowing the ins and outs of the Franchise Tax is a must for any corporation doing business in the state.