Chicago has just expanded their 20-year-old "amusement tax" law -- yes they have a tax on amusement -- to apply to streaming services like Netflix and Spotify, but according to the mayor's spokeswoman, this expansion of the law is not an expansion of the law, it's just a clarification of the law in the name of "fairness."
From the Chicago Tribune:
Chicagoans who pay to stream movies and music from services like Netflix and Spotify will now need to fork over an additional 9 percent for the privilege, as will Chicago businesses that pay to use everything from real estate to court databases online, under a decision the city quietly made recently to expand its taxing power.
The added costs are the result of a ruling by the city Finance Department that extends the reach of ordinances governing two types of taxes — the city amusement tax and the city personal property lease transaction tax — to cover many products streamed to businesses and residents alike.
The city expects the June ruling to bring in about $12 million each year in the latest example of Mayor Rahm Emanuel relying on boosting various smaller fees and fines to try to help close the city's yawning budget hole. Companies will have until Sept. 1 to begin paying the taxes, but the changes allow for them to start collecting them sooner, according to the new rules.
Companies that deliver cloud-based services will be responsible for collecting taxes from their Chicago customers, according to the rules, and those eligible to be taxed cover a broad spectrum.
"In an environment in which technologies and emerging industries evolve quickly, the City periodically issues rulings that clarify the application of existing laws to these technologies and industries," mayoral spokeswoman Elizabeth Langsdorf said in a statement issued Wednesday. "These two rulings are consistent with the City's current tax laws and are not an expansion of the laws.
"These ensure that city taxation is uniformly and fairly applied and that businesses are given clear guidance on the applicability of the City's tax laws to their operations, and they clarify that the amusement tax and personal property lease tax apply to digital services."
According to the Finance Department changes, the 9 percent amusement tax, which has mostly been tacked onto tickets to concerts and sporting events, also now applies to paid subscriptions for streamed digital music and to streamed rental movies or TV shows, and "for the privilege of participating in games, on-line or otherwise," if the person paying to receive the data is in Chicago. In Chicagoland, new taxes are not new taxes, they're "fairness expansions" and amusing yourself is a government granted "privilege."
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