Earlier this summer, the Supreme Court decision in South Dakota v. Wayfair redefined a state’s ability to collect sales tax from online retailers selling goods or services within the state. The case addresses a South Dakota law which requires out-of-state companies that sell goods or services to South Dakota purchasers which exceed minimum thresholds to collect state sales tax at the time of purchase. Under established Supreme Court precedent, a seller had to have property, people or another physical connection within a state to be required to collect and remit sales tax. The Court found that the physical presence rule in precedent is an “incorrect” and “outdated” interpretation of the Commerce Clause.
In the era of e-commerce, states have lost significant sales tax revenues because they have been unable to tax internet sales under the physical presence nexus standards. In overturning its prior precedents, the Supreme Court determined that the correct standard for determining the constitutionality of a state tax law is whether the tax applies to an activity that has “substantial economic nexus” with the taxing state.
Under Wayfair, states can now require online retailers, such as Amazon and Wayfair, to collect sales tax on purchases made by the state’s residents, even if the retailer lacks a physical presence in the taxing state. This has prompted several states, including Illinois, to adopt similar laws. Effective Oct. 1, 2018, retailers that deliver either (a) more than $100,000 of goods or services to Illinois purchasers or (b) engage in 200 or more separate transactions within the state of Illinois will be required to collect and remit Illinois sales tax, regardless of whether such retailer has a physical presence in Illinois.
In light of the Wayfair holding, online retailers and small businesses alike need to be cognizant of the tax laws in the states in which they are selling goods and services. In particular, companies selling goods or services in Illinois should review their current sales records to confirm whether they will be required to collect and remit Illinois sales tax in order to implement appropriate procedures prior to Oct. 1, 2018.
The article was written by the LZACC Director of Government Affairs, Mark DaValle, Partner at Bryant & DaValle.
PLEASE NOTE: If your business sells Gift Cards, they are exempt from sales tax in the state of Illinois, as they are simply the exchange of one form of currency into another form. Eligible sales taxes of any type should only be charged when the gift card is used in the actual purchase of an eligible product.
There are many reasons to join your local Chamber of Commerce. Some of the obvious ones are networking opportunities, community involvement, and the trust that Chamber affiliation builds with your customers. Of course, there are many more benefits you receive from becoming a Chamber member, but many people don’t fully enjoy them. They wrongly assume that by simply paying their annual membership dues lots of new business and friends will automatically show up. Without understanding how to make their Chamber experience work for them they give up on the Chamber in frustration.
Get Out Of The Chamber What You Put In
I’ve been a member of many Chambers of Commerce over the years and even served on several of their committees. That experience has given me the advantage of having talking to hundreds of Chamber members about their experience. Some people have felt the Chamber didn’t benefit them at all, while others claim it allowed their business to grow exponentially. How can two members of the same organization have two very different experiences? The answer is that you get out of the Chamber what you put into it.
If all you do is pay your membership fee you will get a welcome letter and a nice sticker to put on your front door. However, if you invest in building trusting, professional relationships with others through the Chamber the rewards in leads, sales, and friendships are potentially game changing for your business. Here are several ways to get more out of the Chamber by investing in other members.
- Sign up for their newsletters or updates.
A great way to learn more about your peers at the Chamber and how you can support their business is to sign up for their company newsletter, ezine, or weekly email.
- Support them online.
Support other Chamber members through any of the social media outlets they use and tell your network about them as well. Have you experienced their service or product first hand? Show your support by writing positive product reviews online.
- Submit their news to other groups you are part of.
Be sure to share your Chamber peers’ news with other groups you may be part of. Think about professional, LinkedIn, or civic groups for example.
- Invite them to be part of your seminars.
Invite fellow Chamber members to come speak at your company functions or the business seminars you are hosting. They will appreciate the opportunity to showcase their area of expertise and you will enhance your event with guest speakers.
- Share or trade skills and expertise.
We are all experts at something. What is your “something”? Share that something with someone else at the Chamber. If you are good at writing ad copy and someone else is good at printing sales flyers then offer to share skills. You will probably help each attract more business this way.
- Introduce them to your friends.
Be the first person to approach new Chamber members when they arrive. Be friendly and introduce them to others in the group. Your gesture will be remembered and appreciated forever.
- Bring them to other functions.
Perhaps you are member of other organizations in addition to the Chamber. Invite one or two of your Chamber peers to attend other functions with you as your guest. Introduce them to your other associates. This will increase their circle of connections and you will look like a master networker.
- Use their business first.
Support your fellow Chamber members by giving them preference when you shop. For example, if you need replacement windows for your home and one of the window companies is a Chamber member, give that company your business. Even if they cost a little more, the goodwill your business generates can be invaluable.
Mike is the publisher of The Quarter Roll Financial Entertainment Magazine and the author of “How To Scare The Hell Out Of Unemployment”. Take the confusion and fear out of managing money and then make it fun and even entertaining through the stories printed in the magazine.
Mom-and-Pop Shops Are Threatening the Mall This Holiday Season
By Lauren Coleman-Lochner, Alexandra Stratton, and Janet Freund
November 22, 2017, 7:00 AM CST
More bad news for America’s shopping malls: Consumers are shopping closer to home. And increasingly, home is not where the malls are.
Spending growth at mom-and-pop businesses has outpaced that of the big chains in the past two years, according to Sarah Quinlan, senior vice president at credit-card giant Mastercard Inc., which tracks purchasing patterns. When they’re not shopping online, Americans are seeking more personal connections and advice — something they can find lacking at national retailers.
“The consumer is shopping small,” she said.
Big chain stores still account for the majority of shoppers’ purchases, according to Mastercard. But many of the most affluent consumers are now clustered in walkable neighborhoods, letting them skip the mall in favor of neighborhood hardware stores, bookshops and grocers. And they’re willing to pay the higher prices, Quinlan said.
That doesn’t mean malls are going away. The A-rated shopping centers — the industry’s cream of the crop — are still doing fine. But the other roughly two-thirds of malls are struggling to cope with shifting spending patterns, an aging population and the rise of Amazon.com Inc. The uncertainty has even led tenants to push for significantly shorter leases, sometimes of only a year or two.
Independent retailers and small chains have been able to step into the void. Many of them are thriving in categories like hardware, furniture and crafts.
Holiday markets have capitalized on the trend, letting small businesses offer their wares in bustling pop-up shopping districts. Keoni DeFranco, who was shopping at a holiday market in Manhattan’s Union Square on Thursday, said he tries to support local stores when possible.
“I’ve become more conscious about what I’m purchasing and eating,” said the 29-year-old software executive. “I do a lot of browsing online, but I do enjoy going into stores and looking at what I’m buying before I purchase it.”
But local shoppers frequently have to overcome a big hurdle: price.
Since smaller businesses often can’t buy in bulk, customers typically have to pay more. Increasingly, that’s a sacrifice shoppers seem willing to make — at least when they’re shopping offline, Mastercard’s Quinlan said.
Sales growth at small businesses, defined as having less than $50 million in annual sales, was 7.3 percent last year, according to Mastercard. That compared with 4.6 percent for total retail sales. Small business purchases account for 37 percent of total spending.
But online growth still overshadows both the big chains and local stores.
E-commerce sales are expected to swell by 18 percent to 21 percent during the holiday season, the National Retail Federation estimates. That’s a faster clip than last year — and well above the roughly 4 percent expected for the retail industry overall.
It’s hard for brick-and-mortar chains to beat the convenience of a few mouse clicks. So they’ve promoted the idea of a retail “experience.” Smaller stores — with all their quirks and idiosyncrasies — may have an easier time offering a memorable time. They also can be more nimble in catering their selection to local tastes.
The ultimate goal for all stores is greater personalization, said R.J. Allan, head of retail corporate banking at Mitsubishi UFJ Financial Group. Getting that right means more loyalty and profit.
The bigger chains have the advantage of being able to invest in technology, including apps and loyalty programs that keep customers coming back. They also can connect an expansive e-commerce operation to their physical stores.
“Retailers that are able to bridge the consumer experience across brick and mortar and online will be best positioned for success,” he said.
The smaller stores, though, have another edge: The clerk might actually remember your name when you come in.
“I prefer to shop local when I can,” even if prices are higher, said Mary Bresette, a 66-year-old resident of Manhattan’s Upper West Side. “For me, it’s a sacrifice I’m willing to make.”
For some, the shop-local experience is worth paying a few dollars more, even if an online search can turn up a cheaper price on an item.
But while savings may be found if your’re only searching the price tag of a particular item, the bigger picture could sway even the most cost-conscious person of the benefits to the “buy local” argument. Here’s why:
Follow the money
Studies consistently show that money spent locally tends to remain in the area, says Matt Cunningham of nonprofit Civic Economics in Evanston.
His group’s most recent stats show that 52.3 percent of every dollar spent at an independent retailer remains in the local economy, and 15.8 percent of every dollar spent at a local branch of a chin retailer stays local.
Each dollar that stays close to home helps keep you and your neighbors employed and boosts the local tax base, which in turn helps fund schools and community services. and all those factors helps support housing prices, benefiting area homeowners, says Olivia LaVecchia of the Institute for Local Self Reliance, Washington, D.C.
In contrast, when you buy online, your purchase is pulled off the shelf of a warehouse (which might be hundreds of miles away), piled into a truck and shipped, eventually arriving at your front door.
It’s difficult to estimate the local impact of the massive increase in online shopping, Cunningham says, because it depends whether warehouses are located nearby. But even if the delivery route wasn’t long, the impact of an online purchase is significantly less than any spending in-store, he add.
The farther removed people are from seeing their actual dollars change hands, the less aware they are of the fact they are even spending money, says New York University marketing professor Priya Raghubir.
While paying in cash is more painful than using a card, there are now options that remove shoppers even further.
For example, online retailers encourage customers to register at the site, and store their shipping and credit card information. Then the pain of even inputting a card number is eliminated, because all the purchase takes is one click to place an order.
So, if you want to enjoy picking out the perfect home furnishings without incurring a jolt when your credit card bill arrives, consider drawing up a budget and stocking your wallet with cash, Raghubir advises.
Then, head to your local shops where you can see items up close and keep spending to a comfortable level.
Essential Facts about the new DOL Overtime Exemption Rules
by Samantha Yurman, JD,
As published in the Summer 2016 Issue of ACCE Chamber Executive Magazine
In May, the U.S. Department of Labor (DOL) announced the publication of a final rule amending the white collar overtime exemptions to the Fair Labor Standards Act (FLSA). The final rule, increases the threshold salary for the exemption to $913 per week ($47,476 per year), the standard salary level at the 40th percentile of earnings of full-time salaried workers in the lowest-wage Census Region (currently the South). The new rule also increases the total annual compensation requirement needed to exempt highly-compensated employees (HCEs) to $134,004 per year and established a mechanism for automatically updating the salary and compensation levels every three years to maintain the levels at the above percentiles and to ensure that they continue to provide useful and effective tests for exemption. READ MORE
When you hear the word, what do you think of? If your answer is Steve Jobs, Elon Musk or Google, you’re not alone. In an ever-changing world, innovation is the key to staying ahead of the game. By sitting back and sticking with what may have worked a couple years ago, you’ll quickly find yourself left behind by the people who knew better than to become complacent. Complacency is one trait you won’t find an innovator. They are always looking for ways to improve the way we do things, whether it’s a new product, a new process, or just a better approach altogether.
At Leadercast, we celebrate The Brave Ones who, with unrelenting boldness, dared to challenge the status quo. These people are who have paved the way for life as we know it. Innovation isn’t something that happens by accident. The greatest innovators in history were intentional about the change they wanted to see.
So what exactly does it mean to be an “innovator?” Three things we’ve noticed that separate the innovators from the rest of the world: vision, bravery and accountability. The greatest innovators of our time were unapologetic about their vision because they could see something the rest of us couldn’t. They were usually their own toughest critics and were constantly evaluating how they could do better. One of the most nerve-wracking things you can possibly do is put your life’s passion out there to be subject to the criticism of the world. Instead of worrying about the “what if’s,” they had the courage to put it all on the line. And we are thankful they did.
Additionally, it’s important to know that an innovator isn’t someone who never fails; it’s someone who has probably failed time and time again, but refuses to accept defeat. Take Steve Jobs for example, he was actually fired from Apple in 1985. He admitted in his famous 2005 Stanford speech that it was a very public failure, but without that event, he probably wouldn’t have gone on to be as successful as he was.
If there is one thing you can always count on, it’s that things will change. If you’re not on the front end of that change, you must at least be ready to embrace it. Read more about innovation in our free report or hear it first hand from innovators around the world on Leadercast Now.
Advocate Good Shepherd Hospital Presented with Prestigious Lantern Award from the Emergency Nurses Association
Barrington, Ill – Advocate Good Shepherd Hospital has been recognized for its commitment to exceptional patient care as a recipient of the Emergency Nurses Association Lantern Award. The award recognizes a select group of emergency departments that exemplify exceptional practice and innovative performance in the core areas of leadership, practice, education, advocacy and research. All emergency departments are eligible to apply for the Lantern Award, but those selected must meet the highest excellence standards. The Good Shepherd Hospital ED is only one of 11 hospital EDs nationwide to receive the Lantern Award this year.
Chamber of Commerce
444 S. Rand Road, Suite 308
Lake Zurich, IL 60047