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1995-69RESOLUTION NO. 95- 69 A RESOLUTION REQUESTING DEFERRAL OF THE IMPLEMENTATION OF THE COOK COUNTY AUTOMOBILE SALES TAX WHEREAS, the Village of Buffalo Grove is a Home Rule Unit of government under the Illinois Constitution of 1970 located in Cook and Lake Counties, Illinois; and WHEREAS, Article VII, Section 10, of the Constitution of the State of Illinois, and Chapter 5 ILKS, paragraphs 220/1 through 220/8, of the Illinois Compiled Statutes, authorize and encourage intergovernmental association and cooperation; and WHEREAS, the County of Cook in 1992 passed but did not implement an increase in the automobile use tax by 3/4%; and WHEREAS, the County of Cook is now considering implementing a tax as part of its 1996 budget; and WHEREAS, the Village of Buffalo Grove has concerns that the procedures established for collecting such tax may result in widespread non - compliance with the law and may encourage not only Cook County residents but residents of surrounding areas to purchase vehicles outside of the County; and WHEREAS, the resulting loss in sales could have a substantial impact on the collection of not only the County's use taxes but on municipal sales taxes and could negatively impact Cook County automobile dealers. NOW, THEREFORE, BE IT RESOLVED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF BUFFALO GROVE, COOK AND LAKE COUNTIES, ILLINOIS, that: Section 1. The County of Cook is requested to consider postponing the implementation of the collection plan for the County Use Tax until a more effective and equitable method of implementation, assessment and collection is devised. Section 2. The Village Clerk is directed to file a copy of this Resolution with the President and members of the Cook County Board upon passage and approval as an expression of the Village's position on this matter. AYES: 6 - Marienthal Reid, Rubin, Braiman, Hendricks, Glover NAPES: 0 - None ABSENT: 0 - None PASSED: November 20 , 1995.APPROVED: November 20 ,1995 t,►) LA, c,� ' Village Clerk AV 11/16 '95 10:55 i D O NGTON TOYOTA , FAX : 708 -39 0363 PAGE Tax may drive buyers out of Cook ar- buying is about to be thrown into turmoil in Jim MIAO)a Chicagoland. AUTO WRITER Starting Dec. 1. Cook County residents will begin paying a % percent use tax when they buy new and used vehicles in Cook County. The tax ` has been on the books since 1992, S 4 but never collected on vehicle 1i , i i purchases until now. ' Those who live in I.ake or County. DuPage or Will or another county CATA says this isn't exactly will be able to buy a car from a equitable. y Cook County dealership without having to pay the % percent tax. What this means is that dealers And those who five in Cook outside Cook County will start County can travel to Lake or promoting "drive out and save DuPage or Will or whatever money" campaigns, like they did county and avoid the % percent with the Chicago tax before 1982. 1 tax— perhaps. With the average price of a new The Chicago Automobile Trade car at about $ao,000, the savings Association, which represents by avoiding a % percent tax more than 750 Chicagoland new, would be around $150, a fairly car dealers, isn't happy with that good reason to hop in the old arrangement jalopy and wend your way into "When the City of Chicago another county to purchase a Implemented its Infamous l per- vehicle. Even if you pay a couple cent sales tax (in 1861), there were of 40 cent tolls, you'll be money numerous negative eonMuencee: ahead. said Pat Fitzgibbon, the associa- "People cross the street to save tion chairman and a Dodge decker $W: how far do you think they n in South Rolland in Cook County, go to save $20" said Jerry Cizek, -'That tax encouraged Chicago CATA president. residents to shop outside the city The association, according to limit# for many 'big- ticket' items Cizek. wants the state to enact in order to take advantage of the legislation so the Cook County sales tax differential," he said. rUldent who travels to Lake "Chicago retailers, especially County to buy a car will be new -car and truck dealers, liter- charged the % percent use tax, ally took a beating," Fitzgibbon and the Lake County dealer will said. and several closed their be required to send the money to doors. "It Isn't a stretch of logic to the Department of Revenue for project that any Increase In the disbursement to Cook County. Cook County tax will result in a If buyers flee Cook County for significant decline In the number Lake or DuNge or Will Counties, of dealerships in the county," there will be little if any gain in The fact that buyers fled Chi- revenue for Cook County, Cizek cago fir the %urbs to avoid the f said. percent city tax prompted legisia- Cizek points out, for example, Lion in 1992 that required collar that the high taxes on a gallon of county dealers to collect the City gas or a quart of booze in Chicago of Chicago tax Dom Chicago rest- results In visitors filling their dents buying a .vehicle in the sub - tanks or liquor cabinets in a cot. urbs. The dealers remitted the in lar county where the tax is lower. to the Illinois Department of Rev - The % percent tax will do the enue, which themdisbursed the same when it Comes to cars. he Tung to Chicago. said —send buyers to the collar So what It all comes down to Is`-, counties to save some money. ,�t t etiiective Dec. 1. if you live in '._ V collar counties collected the ook County and buy a car in tax, there would be no incentive o0k County, you will pay an for Cook County residents to leave ittonal y. percent tax. U you the county to buy a cor. ' Cizek tY�uein Cook County but buy a car , said. Lake County, you will not pay Without collar counties collect. added !'• percent tax, and u % ing the tax, there could be Some live In Lake County but buy d shenanigans, Cizek said, such as a In Cook County. you won't .' dealer with a store in both Cook to pay the tax because It is a and Lake Counties selling the car We tax, and Lake County real- at his Cook County store but ,dens 0on't " and °'use".I Cook delivering it at his Lake County store. Or a Cook County dealer could sell the car at his Cook County store but deliver it to the customer at a Aenny's restaurant in Lake County. "Currently there is no provision in the taw for the coltectton of the Cook County taut in the collar counties," Cizek said - "We're ask. ing for that provision." CATA also has urged Cook County Board President John 5troger and the board's commis. sioners to delay implementing the collection of the tax until legisla- tion can be enacted to establish collar county collection. Barbara Bruno. Cook County director of revenue. said she sym. pathizes with Cook County deal- ers. "We don't Want to create a hardship for anyone. We've passed a resolution appealing to the Illi- nois legislature to collect the tax for us," which means having deal- ers outside Cook County collect the tax and send it to the Depart- ment of Revenue to disperse, just as CATA wants. "But until the legislature acts, there is nothing we can do, and we are poised to start collecting the tax Dec. l," she said. So no delay is planned. But. she insists, some of the dealers' fears may be unfounded, She said even though collar, county dealers won't be empow, . . ered to collect the tax, her office will send letters to Cook County residents who buy a vehicle out- side the county informing them that they owe the added % percent use tax. Quit said checking registra. tions and then making a mailing could take several weeks and many consumers will refuse to send the county a check voluntar- Uy. And don't be surprised if a few letters come back to the county unopened and marked "return to sender," As for dealers outside Cook County trying to lure buyers to their stores to beat the tax, Bruno sold because her Mee will be sending out letters informing con. sumers they owe the tax. any dealer advertising that a customer can escape the tithe will be sub- ject to investigation by the state's attorney's offtee fbr false advertis ing Cizek argues, however. that any Lake County dealer could simply advertise that "'Our tax rate Is 6.5 percent' and it couldn't be Consid• ered misleading or deceptive." NOV -16 -1995 09:59 708 394 0363 94% P.02 AXI. (B) TO: William R. Balling FROM: William H. Brimm DATE: November 15, 1995 SUBJECT: Cook County Automobile Use Tax Attached, please find a Resolution for review, comment and consideration by the President and Board of Trustees regarding the deferral of the County of Cook's Use Tax of 3/4% on the sale of automobiles and other licenses vehicles in the County. This tax is authorized under the County's Home Rule powers and would be assessed only in the County, collected at the point of sale and remitted by each dealer to the County. As with other sales type taxes, the Illinois Department of Revenue will not participate in the collection and distribution of the sales based tax. The Village's three automobile dealers are located in Cook County and provide significant levels of sales taxes to the Village. For the accounting period ended June 30, 1995, the Village realized $882,864.08 in local sales taxes generated within Cook County under the category "Automotive and Filling Stations ". While the use would include the several service stations along Dundee Road, it is assumed that the majority of the receipts were generated by the three local dealers. The potential for sales being diverted to the collar counties is significant with the proposed tax adding nearly one percent to the cost of a vehicle and the concurrent loss of local sales tax dollars would have an adverse fiscal impact although this cannot be estimated with any degree of accuracy, if at all. The Northwest Municipal Conference has gone on record with a Resolution dated November 8, 1995 requesting that the County postpone implementation of the tax collection plan. The local Resolution requests similar consideration and is recommended for approval. M William H. Brimm