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Illinois Sales Tax Guide for SaaS and E-Commerce Businesses

2025-08-11

Illinois taxes most goods and software but exempts most services and digital goods. The state rate is 6.25%, with local taxes pushing combined rates up to 10.25% in Chicago and 11% in some other areas. Illinois adopted economic nexus in October 2018 following the Wayfair decision. Incorrect collection leads to penalties and interest.

Quick Reference

ItemDetails
State Tax Rate6.25%
Local Tax Range0.25% - 4.75%
Combined Rate Range6.25% - 11% (Chicago: 10.25%)
Economic Nexus$100,000 OR 200+ transactions in previous 12 months
Physical NexusAny presence in Illinois
SaaS TaxableNo (exempt at state level)
Registration PortalMyTax Illinois

Nexus in Illinois

Physical nexus

Physical presence creates immediate collection obligations:

  • Office, warehouse, inventory, or employees in Illinois
  • Independent contractors or affiliates soliciting sales
  • Trade show attendance or temporary pop-ups (with exceptions for limited attendance)
  • Fulfillment by Amazon (FBA) inventory storage

Economic nexus

Effective October 1, 2018, register and collect when either condition is met in the previous 12 months (or preceding four quarters):

  • Gross receipts from Illinois sales exceed $100,000
  • 200 or more separate transactions into Illinois

Other nexus triggers

  • Affiliate nexus: Having ties to Illinois businesses that help facilitate sales, with cumulative receipts exceeding $10,000 over four quarters
  • Click-through nexus: Agreements with Illinois-based referrers generating over $10,000 in sales over four quarters
  • Trade show nexus: Attending conventions/trade shows may create nexus unless all conditions are met:
    • Solely engaging in trade show activities
    • Attending no more than 2 Illinois trade shows per year
    • Present no more than 8 days total per year
    • Combined gross receipts under $10,000 per year

Register within 30 days of establishing nexus; begin collection immediately upon registration.

Registration and Filing

  1. Register online: Apply through MyTax Illinois portal. No registration fee required.
  2. Provide business details: Legal name, address, Federal EIN, business type, and projected sales.
  3. Receive Illinois Account ID: Used for collecting and remitting sales tax.
  4. Filing frequency: Assigned by Illinois Department of Revenue based on tax liability:
    • Monthly: Businesses collecting $200+ in sales tax per month
    • Quarterly: Businesses collecting $50-$200 per month
    • Annually: Businesses collecting less than $50 per quarter
  5. Due dates: Returns and payments due on the 20th of the month following the period.
  6. Zero returns: Required when no sales tax is collected during the period.
  7. Electronic filing: Required for most businesses through MyTax Illinois portal.

Taxability of Goods and Services

Tangible personal property

Taxable unless specifically exempt. Key exemptions:

  • Most unprepared food (taxed at reduced 1% rate)
  • Prescription and non-prescription medications (1% rate)
  • Medical appliances and devices (1% rate)
  • Newspapers and magazines
  • Gold bullion issued by qualifying governments

Digital goods and software

CategoryIllinois TaxabilityNotes
Prewritten software (downloaded, disk, cloud, SaaS)TaxableTreated as tangible property at full rate
Custom software written exclusively for one clientExemptMust be separately stated and reasonable
Music, videos, e-books delivered electronicallyNot taxableIllinois doesn't classify digital content as tangible property
Digital downloads (games, apps)TaxableWhen prewritten software

Services

Services are generally exempt unless specifically taxable. Taxable services include:

  • Information services (database access, credit reporting) unless data is personal/individualized
  • Amusements and entertainment
  • Telecommunications services
  • Some repair services

Implementation, training, and consulting tied to software remain exempt when separately invoiced.

Shipping and handling

Complex rules apply based on delivery options and product mix:

  • Delivery charges included in sales price: Generally taxable if no pickup option
  • Separately stated delivery charges: Exempt when seller offers free pickup option and selling price isn't affected by delivery
  • Mixed shipments: When shipment contains both exempt and taxable goods, allocation rules apply
  • Lump sum delivery charge: Not taxable if exempt items' selling price exceeds taxable items' selling price

SaaS

RequirementDetail
Tax statusState level: SaaS is NOT taxable in Illinois. Local level: May be taxable in some jurisdictions like Chicago
SourcingDestination-based for taxable transactions. Use purchaser location or billing address
CustomizationsSeparately stated custom development is exempt; subscription fee taxability varies by jurisdiction
Exempt purchasersAccept valid exemption certificates from qualifying organizations
IaaS/PaaSRaw computing power or storage is generally not taxed
ImplementationTraining and consulting services are exempt when separately invoiced

Important: Despite Illinois' historically complex stance on software taxation, the Illinois Department of Revenue has now stated that SaaS/cloud-based software is not subject to sales tax at the state level. However, local jurisdictions may still impose taxes. Consult current regulations or tax professionals for specific situations.

E-Commerce

Marketplace facilitator rule

Marketplaces (Amazon, Etsy, eBay, Walmart, Shopify Marketplace) must collect Illinois sales tax on facilitated transactions. You remain responsible for:

  • Tracking gross Illinois sales for nexus determination
  • Registering once nexus exists, even if marketplaces remit all tax
  • Filing returns that report marketplace sales as "marketplace-collected"

Illinois sales tax rates by major cities

CityLocal Tax RateTotal Tax Rate
Chicago4.0%10.25%
Aurora1.75%8.25%
Rockford2.25%8.75%
Joliet1.75%8.25%
Naperville1.5%8.0%
Springfield2.0%8.5%
Peoria2.0%8.5%
Elgin1.5%8.0%

Rate determination:

  • In-state sellers: Illinois is origin-based - use tax rate where your business is located
  • Out-of-state sellers: Destination-based under "The Leveling the Playing Field for Illinois Retail Act" (effective January 1, 2021) - apply tax rate for customer's delivery address

Product specific rules

ProductTax statusRate
Clothing/footwearTaxable (no clothing exemption)Full
Dietary supplementsExempt as food1%
Groceries and foodReduced rate1%
Prescription medicationsReduced rate1%
Physical software (game cartridges, boxed software)TaxableFull
Digital download of softwareTaxableFull
E-books, digital music, videosNot taxable0%

Sales Tax Holidays

Illinois does not currently offer regular sales tax holidays. Unlike many other states, Illinois has not implemented annual back-to-school or other recurring tax-free periods as of 2025.

Additional Compliance Information

Streamlined Sales Tax (SST)

Illinois is not a member of the Streamlined Sales and Use Tax Agreement (SSUTA). This means remote sellers cannot use the simplified registration system available in SST member states.

Multiple Location Registration

Illinois requires businesses to register every location from which products might ship to customers. If you ship from multiple Illinois locations, include all addresses when registering for your sales tax permit.

Annual Filing Option

Businesses with annual sales tax liability under $20,000 may be eligible to file paper Form ST-1 instead of electronic filing, though electronic filing through MyTax Illinois is recommended.

Extensions and Amendments

  • Extensions: Request 30-day filing extensions using Form IL-505-B
  • Amendments: File amended returns using Form ST-1-X within 3 years of original due date
  • Zero returns: Required even when no sales tax was collected during the period

Exemptions and Certificates

Common exemptions

  • Government agencies: Federal, state, and local government purchases
  • Nonprofit organizations: Qualifying charitable, religious, and educational organizations
  • Resale purchases: Items bought for resale with proper documentation
  • Manufacturing equipment: Machinery used directly in production
  • Agricultural products: Seeds, fertilizers, pesticides, and farm machinery

Exemption certificates

Sellers must collect and maintain valid exemption certificates to validate tax-exempt transactions:

  • Form ST-587: For exempt organizations (nonprofits, government)
  • Resale certificates: For items purchased for resale
  • Form REG-1: General business registration form

Missing certificates can result in liability for uncollected tax plus penalties and interest.

Penalties and Interest

  • Timely filing discount: 1.75% of tax paid or $5 per calendar year, whichever is greater
  • Late filing penalties:
    • 2% of tax due for payments 1-30 days late
    • 5% of tax due for payments 31-60 days late
    • 10% of tax due for payments 60+ days late
  • Interest charges: Accrue on unpaid tax balances
  • Operating without permit: Significant penalties for collecting tax without proper registration
  • Negligence penalties: 5% to 25% of tax due for negligent underpayment

References