Is SaaS Taxable in Illinois? 2025 Guide
It's complicated. Illinois state does not tax SaaS under Retailers' Occupation Tax. However, Chicago imposes a 9% Amusement Tax on certain "electronically delivered amusements" including some cloud services.
Quick Reference
The Chicago Complication
The "Netflix Tax": In 2015, Chicago expanded its Amusement Tax to cover electronically delivered amusements, including streaming entertainment. The scope of this tax is contested, and it primarily targets consumer-facing entertainment services—not B2B enterprise software. Most B2B SaaS is not subject to Chicago's Amusement Tax.
State-Level Rules
At the state level, Illinois does not tax SaaS. The Illinois DOR has issued guidance (ST 15-0020-GIL) confirming that SaaS is not subject to Retailers' Occupation Tax because no tangible personal property is transferred.
Chicago Amusement Tax
What's covered:
- Streaming video and music services
- Online games
- "Electronically delivered amusements"
What's generally NOT covered:
- B2B enterprise software
- Business productivity tools
- Services where entertainment is incidental
When Does Illinois Matter?
You should pay attention to Illinois if:
- You sell consumer-facing streaming or entertainment services
- You have significant Chicago-area customers in entertainment categories
- Your SaaS has gaming or amusement components
You likely don't need to worry if:
- You sell B2B enterprise software
- Your product is a productivity or business tool
- Entertainment is not a primary feature
Economic Nexus
Illinois uses $100,000 OR 200 transactions. Either threshold triggers nexus. For state sales tax, this only matters if you sell taxable tangible products. For Chicago Amusement Tax, you need to assess separately.
Check Your Illinois Exposure
Most B2B SaaS companies have minimal Illinois exposure. Run an analysis to see how Illinois factors into your overall picture.
Start Free AnalysisSources
- State Statute: 35 ILCS 120/1 (Retailers' Occupation Tax)
- State Guidance: IL DOR Publication 113
- ST 15-0020-GIL (SaaS not subject to ROT)
- Chicago Municipal Code 4-156 (Amusement Tax)
- IL DOR Informational Bulletin FY 2019-26
- Last Verified: 2025-12-21