Sweetened beverage tax goes into effect on Wednesday

Sweetened beverage tax goes into effect on Wednesday

Sweetened beverage tax goes into effect on Wednesday

Tuesday afternoon, the association said it had filed a notice of appeal of Cook County judge Daniel Kubasiak's decision to dismiss the retailers' previous lawsuit seeking to block the tax.

The tax applies to bottled sweetened beverages, including soda, sports drinks, flavored water, energy drinks, and pre-made sweetened coffee and tea with less than 50% milk content. The sugary-drinks tax was passed last November and was originally supposed to go into effect on July 1, but it was blocked on June 30 by a judge who ruled the tax failed to spell out how it would refund taxpayers in the event that it was judged unconstitutional. Drinks in bottles, or from fountain machines, are taxable. "Cook County's motion to dismiss". But on-demand, custom-sweetened beverages, such as those mixed by a server, aren't subject to the tax.

The new filing before the Appellate Court of IL urges the court to "block implementation of the ordinance due to the lack of clarity in how to properly apply and administer the tax".

In arguing against the tax, the retailers say under the Illinois Constitution, similar objects should be taxed uniformly.

Frank Shuftan, spokesman for Cook County Board President Toni Preckwinkle, said the county "always anticipated a lengthy legal battle, so this comes as no real surprise".

Cook County expects to receive $200 million annually from the tax.

The merchants group is asking the 1st District Appellate Court to reverse the Circuit Court's ruling.

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