search
cart
facebook twitter linkedin youtube
  • Sign In
  • Create Account
  • Sign Out
  • My Account
  • HOME
  • NEWS
  • PRODUCTS
    • CHOCOLATE
    • NEW PRODUCTS
    • GUMS & MINTS
    • GUMMIES & JELLIES
    • HARD CANDY
    • LICORICE
    • NOVELTY CANDY
    • CANNABIS CANDY
    • FRUIT & NUT CANDY
  • INGREDIENTS
    • SWEETENERS
    • FLAVORS & COLORS
    • CHOCOLATE INGREDIENTS
    • FRUITS & NUTS
    • NUTRITIONAL
    • FUNCTIONAL
  • EQUIPMENT
    • PROCESSING
    • PACKAGING
  • EXCLUSIVES
    • GLOBAL TOP 100
      • SUBMIT YOUR COMPANY
    • SWEET 60
    • STATE OF THE INDUSTRY
    • RETAILERS
    • MANUFACTURERS
  • TRENDS
    • SUSTAINABILITY
    • BETTER-FOR-YOU
    • SUGAR-FREE
    • VEGAN
  • DIRECTORY
  • MORE
    • BLOG
    • ENEWSLETTER
    • VIDEOS
    • PODCASTS
    • STORE
    • WEBINARS
    • CONTACT
      • CONNECT
    • ADVERTISE
    • EVENTS
      • Sweets & Snacks Expo
  • Back to SFWB
Candy IndustryCandy Industry News

Tax firm: Illinois tax increase on candy shot down

February 23, 2011

Legislation that increases the tax on candy and other items in Illinois has been put on hold because the courts say lawmakers acted outside their reasonable scope to get it approved.  

The Supreme Court of Illinois has granted the state’s motion for a stay of enforcement on the decision in Wirtz v. Quinn, where the Illinois First District Appellate Court struck down Illinois Public Act 96-34. The Act would have increased the tax on candy and other merchandise, says officials with Ryan, a leading professional tax services firm, specializing in the recovery of transaction taxes, based in Dallas, Texas.  

Ryan announced that as of Feb. 1, 2011 no action will be taken in the case of Wirtz v Quinn, because the Act violates the single subject rule of the Illinois Constitution.  

The single subject rule is designed to prevent the passage of bad legislation bundled with good legislation, says Jim Kranjc, a principal with Ryan. In Illinois this tactic is known as logrolling. “The assumption is that the bad legislation would not pass or muster enough votes, so they try to bundle it up with legislation that would pass,” he explains.  

In this specific case, what started out as a five-page bill turned into 280 pages regarding everything from not only increasing the sales tax on candy and beverages, but also privatizing the lottery system in Illinois, proposing new requirements on state capital projects and a slew of other legislation.  

According to Kranjc, the state tried to argue that all of these additional requirements had to deal with revenue in some form or fashion, so that logically everything was tied together through revenue.   

“[Ultimately, though,] the court said that is way too much of a stretch because we are looking at broad categories that don’t have a logical connection and the court said the argument was unconvincing,” says Kranjc.  

The Act would have affected the sales tax rate in Illinois. The tax rate, which went into effect on Sept. 1, 2009, covered a variety of different items including soft drinks, grooming, hygiene products and candy. All of these products are now subject to the higher general merchandise state rate of 6.25% as opposed to the lower 1% rate imposed on food and medicine.  

The Illinois Department of Revenue has told retailers to continue imposing tax as they have since Sept. 2009 until the Supreme Court of Illinois takes further action.  

-G.W.

Share This Story

Looking for a reprint of this article?
From high-res PDFs to custom plaques, order your copy today!

Recommended Content

JOIN TODAY
To unlock your recommendations.

Already have an account? Sign In

  • cookies stacked

    The top 50 snack and bakery companies of 2024

    The top-selling companies among baking and snack players...
    Bakery Products
    By: Jenni Spinner and Liz Parker Kuhn
  • IHOP new menu inspired by "IF" movie

    Most popular new products: May 2024

    Products range from a Reese’s Puffs collaboration with...
    Snack Products
    By: Liz Parker Kuhn
  • state of the industry bakery: 2024

    State of the Industry 2024: Bakers continue to show resilience and creativity

    For the past several years, the baking industry has faced...
    Special Reports

 

More Videos


Get Connected!

FACEBOOK x YOUTUBE LINKEDIN

Connect with us on Twitter, Facebook, YouTube, or LinkedIn to receive updates and to network with other industry professionals just like you!


Related Articles

  • The candy tax can

    See More
  • Elderberry

    Exclusive data: Confectioners plan to increase spending on healthy ingredients

    See More
  • Stellar logo

    Stellar publishes e-book on tax reform, capital investment in food industry

    See More

Related Products

See More Products
  • Organic Production and Food Quality: A Down to Earth Analysis

  • big food.jpg

    Big Food: Critical perspectives on the global growth of the food and beverage industry

  • 1118913787.jpg

    Chocolate Science and Technology, 2nd Edition

See More Products

Events

View AllSubmit An Event
  • June 18, 2026

    Where Innovation Meets Indulgence: Consumer Behaviors & On-Trend Candy Flavors

    What do consumers reach for when they need an indulgent sweet snack or escape? Candy Industry presents a multi-dimensional look with deep-dive insights into category sales, trends, consumer behaviors, and trending flavors. Moreover, this exclusive webinar covers both U.S. and global markets.
  • June 9, 2009

    Food Plant of the Future: Using Design to Increase Productivity and Drive Down Unit Costs

    On-Demand   The need for food and beverage processors to drive down unit costs never ends. How can new/retrofitted plants be designed to optimize productivity? What solutions will have the biggest influence on productivity?
View AllSubmit An Event
×

Snack on the latest trends, news, and developments!

Stay in the know with Snack Food & Wholesale Bakery, the premier source of information for snack, bakery, and confectionery professionals.

JOIN TODAY!
  • RESOURCES
    • Advertise
    • Contact Us
    • Directories
    • Store
    • Want More
  • SIGN UP TODAY
    • Create Account
    • eMagazine
    • Newsletter
    • Customer Service
    • Manage Preferences
  • SERVICES
    • Marketing Services
    • Reprints
    • Market Research
    • List Rental
    • Survey/Respondent Access
  • STAY CONNECTED
    • LinkedIn
    • Facebook
    • YouTube
    • X (Twitter)
  • PRIVACY
    • PRIVACY POLICY
    • TERMS & CONDITIONS
    • DO NOT SELL MY PERSONAL INFORMATION
    • PRIVACY REQUEST
    • ACCESSIBILITY

Copyright ©2026. All Rights Reserved BNP Media, Inc. and BNP Media II, LLC.

Design, CMS, Hosting & Web Development :: ePublishing