The Great Silent Shift: A Story of Taxation Without Representation

Presented by Mary Kate Fitzgerald, Partner, Fitzgerald Law Group, P.C., and Ares Dalianis, Partner, Franczek, P.C.

This presentation examines what its authors describe as a significant but largely unseen shift in the property-tax burden across Cook County and Illinois. It focuses on three mechanisms—commercial and industrial property-tax incentives, the Affordable Housing Special Assessment Program (AHSAP), and Tax Increment Financing (TIF)—and argues that while these programs operate differently, each can shift tax burdens or revenues in ways that affect other property owners and taxing bodies.

The presentation estimates that Cook County’s Class 6, 7 and 8 commercial and industrial incentives shifted approximately $611.8 million in property-tax burden in 2025, including approximately $122.9 million within Chicago. It contrasts those figures with Chicago’s newer AHSAP program, which the presentation estimates at $160.8 million annually across its SAP15, SAP35 and LAC programs. The authors emphasize that AHSAP was created in 2021 and generally does not require municipal or taxing-body approval, yet their analysis estimates that its annual impact in Chicago already exceeds that of the city’s longstanding classified-incentive system.

The presentation also examines Tax Increment Financing, describing it as the oldest and largest of the three mechanisms discussed. It reports more than $1.8 billion in Cook County TIF revenue for tax year 2024, representing 9.4% of Cook County property taxes, and discusses the effects that long-running TIF districts can have on other taxing districts. The presentation concludes by proposing greater participation by affected taxing bodies before these types of tax shifts are approved, pointing to the local review-board structure proposed in Illinois’ HB5802 as a possible model.