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.

Related:  

Copyright © 2025 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

FSC Publish Analysis of Federal Trade Commission Event Promoting AV

The Free Speech Coalition (FSC) has published an analysis of a Federal Trade Commission (FTC) event held this week that promoted age verification among other forms of speech regulation.

GirlsDoPorn Owner Michael Pratt Pleads Guilty to Sex Trafficking

Michael Pratt, former owner of the rogue website GirlsDoPorn, pleaded guilty in the U.S. District Court for the Southern District of California on Thursday to sex trafficking and conspiracy to commit sex trafficking charges, according to a report by City News Service.

Master Nico Relaunches Site Through YourPaysitePartner

Master Nico has relaunched his official website through YourPaysitePartner (YPP).

Federal Judge Grants Partial Halt of Florida AV Law

The United States District Court for the Northern District of Florida, Tallahassee Division, has granted a preliminary injunction against HB 3, the state's age verification law, as a lawsuit filed by two online trade associations challenging the law makes its way through the courts.

Aylo Releases Statement on Suspending Access to Pornhub in France

Technology and media company Aylo, which operates adult sites including Pornhub, YouPorn, and Redtube, has released a public statement regarding its decision to block access to its sites in France.

Pineapple Support to Host Wellness Sessions at Bucharest Summit

Pineapple Support is hosting free group and one-on-one therapy sessions at Bucharest Summit, June 3-5.

Pornhub Blocks Access in France in Response to SREN Law

Pornhub parent company Aylo has opted to block access to its sites in France rather than comply with age verification requirements under the country’s Security and Regulation of the Digital Space (SREN) law.

ASACP Highlights Study on Parental Controls

The Association of Sites Advocating Child Protection (ASACP) is highlighting the results of a study on the underutilization of parental controls.

Sydney Screams Launches New Site Through Grooby's Blue.xxx

Sydney Screams has launched her new membership site, SydneyScreams.xxx, through Grooby's website management company Blue.xxx.

Mistress Mystii Is LoyalFans' 'Featured Creator' for June

LoyalFans has named Mistress Mystii as its Featured Creator for June.

Show More