Law and Government Legislation regarding 'Tax' in Louisiana

Creates the WELL LA Trust. (8/15/08) (OR INCREASE GF EX See Note)

Creates the Thomas H. Delpit Area Special District in the parish of East Baton Rouge and grants it certain TIF and tax authority to finance economic development projects within the district. (7/1/08) (OR DECREASE GF RV See Note)

Repeals certain notice and publication requirements and deadlines which are in addition to those provided for in Const. Art. VII, Sec. 23(C) in order for property tax recipient bodies to roll-forward millages without voter approval. (gov sig)

Repeals the state sales tax levied at the rate of ninety-seven one hundredths of one percent except for the tax levied on hotel and motel rooms which is dedicated to the parishes. (7/1/08) (OR -$773,500,000 GF RV See Note)

Removes the office of the governor and the commissioner of administration from the tax credit certification process for musical or theatrical productions, and the office of the governor from the infrastructure project certification process. (gov sig)

Removes the need for written approval of the commissioner of administration before a Louisiana Digital Media Act credit certification letter is issued. (gov sig)

Suspends the gasoline and special fuels taxes for a period of time (OR -$5,000,000 SD RV See Note)

Suspends a portion of the state tax on motor fuels for a certain period of time (OR -$151,700,000 SD RV See Note)

Provides for donations of refunds of individual income tax to the Coastal Protection and Restoration Fund and for donations in addition to such taxes. (gov sig) (EG NO IMPACT GF RV See Note)

Requires individual income tax brackets to be increased each year by the percentage increase in the CPI-U (Consumer Price Index city average for all urban consumers) for the immediately preceding year. (gov sig)

Removes the need for written approval of the commissioner of administration before a digital media producer tax credit certification letter is issued. (gov sig)

Urges and requests the secretary of the Department of Revenue to study the effects of changing the definition of "food for home consumption"

Provides technical changes to Title 47 of the Louisiana Revised Statutes. (8/15/08)

Redistributes certain state sales taxes collected on hotel occupancy in Rapides Parish. (gov sig) (OR SEE FISC NOTE SD RV)

To require tax recipient bodies to adopt a third ordinance or resolution levying millages which have been "rolled forward" by a 2/3's vote of the tax recipient body. (gov sig) (OR SEE FISC NOTE LF EX)

Prohibits an action to collect a state motor vehicle tax or a state tax applicable to movables on the purchase of manufactured homes used as residential housing until July 1, 2009, if the basis of such action is the date upon which a declaration of immovability is recorded in the conveyance or mortgage records. (gov sig) (OR DECREASE GF RV See Note)

Provides relative to the direct shipments of wine. (gov sig)

Provides for certain tax records (8/15/08) (EG NO IMPACT GF EX See Note)

Provides for mandatory arbitration to determine whether a taxpayer or a collector is asserting an interpretation of a rule, regulations, policy, or interpretation of local sales and use tax law, ordinance, rules, or regulations which violates the requirement of uniformity of interpretation in the Uniform Local Sales Tax Code. (gov sig) (OR SEE FISC NOTE LF EX)

Establishes an additional procedure for creating neighborhood crime prevention and security districts and levying parcel fees in any parish or municipality. (gov sig)

Requires all tax exemptions and credits enacted after April 1, 2008, to be reviewed by the legislature at least once every five years

Provides relative to nonprofit organizations

Provides relative to the settlement of erroneous tax payments (RE SEE FISC NOTE LF See Note)

Requires timely payments of certain rebates and refunds (OR NO IMPACT GF EX See Note)

Provides for restrictions on the use of private auditing firms and private legal counsel (EG INCREASE LF EX See Note)

Prohibits the Department of Revenue from hiring private counsel for 10% of tax due or on any continqency fee basis and authorizes payment of tax specialists at market rates from the Department of Revenue Tax Enforcement Equalization Fund; excludes local tax authorities but prohibits them from imposing attorney fees on a tax debtor. (See Act) (OR +$3,240,000 GF EX See Note)

Places requirements and restrictions on the use of private auditing firms by local sales tax collectors and limits "specific penalties" which may be charged to taxpayers who fail to make a return, make a grossly incorrect report or a false or fraudulent report. (gov sig) (OR INCREASE LF EX See Note)

Requires up to10% of tax, penalty, and interest required to be transferred to the tax commission as a result of audits for deposit in its expense fund and prohibits the employment of private counsel by the tax commission on a contingency fee basis. (gov sig) (OR -$42,700 SD RV See Note)

Constitutional amendment to lower the age at which the assessment value of residential property is "frozen" from 65 to 62. (2/3 - CA13s1(A)) (OR SEE FISC NOTE LF RV See Note)

Repeals the State Inheritance Tax effective January 1, 2010. (1/1/10) (EG NO IMPACT GF RV See Note)

Recreates the Tax Free Shopping (Refund) Program set to terminate on 7/1/09. (gov sig) (EG -$872,000 GF RV See Note)

Provides relative to residency requirements for purposes of individual income taxation (EG NO IMPACT GF RV See Note)

(Constitutional Amendment) Provides for an ad valorem tax exemption for inventory and requires the state to appropriate funds to political subdivisions to offset the revenue loss (EG -$100,000,000 GF RV See Note)

Provides relative to the date interest begins to accrue on delinquent ad valorem taxes (OR INCREASE LF RV See Note)

Authorizes municipal governing authorities to create sales tax districts with the power to levy an additional 1% local sales and use tax (EG SEE FISC NOTE LF RV See Note)

(Constitutional Amendment) Provides for centralized collection of local sales and use taxes

Provides for an exemption from the occupational license tax for certain businesses and professions (OR DECREASE LF RV See Note)

Provides relative to the levy of hotel taxes in certain parishes (EG +$68,000 LF RV See Note)

Dedicates a portion of state revenues from gaming activities conducted on riverboats in Lake Charles to road improvements (OR -$2,100,000 GF RV See Note)

Provides for a time limit for certain refunds of overpayments (EG NO IMPACT GF RV See Note)

Eliminates certain parishes from the additional notice required to be given to taxpayers concerning certain property tax assessments and meetings to increase millage rates without voter approval. (gov sig) (OR -$1,800 LF EX See Note)

Increases the portion of the severance tax on timber allocated to the Forestry Productivity Fund, from seventy-five percent to one hundred percent. (7/1/08) (EG -$1,133,000 GF RV See Note)

Authorizes the Evangeline Parish Assessment District to provide for an automobile expense allowance for the assessor (RE NO IMPACT LF EX See Note)

Exempts annual retirement income for individuals 65 years of age or older from state individual income tax

Provides relative to the effectiveness of sales and use taxes on the sale of admission tickets by Little Theater organizations

Increases the individual income tax exemption on retirement income

Grants an income tax credit for contributions made to certain community foundations with permanent endowments. (gov sig)

Reestablishes the new discovery well severance tax suspension for wells completed between September 30, 2005 and September 30, 2010. (OR -$3,000,000 SD RV See Note)

Authorizes job training institutions for the disadvantaged and disabled to claim a state sales tax refund equal to 50% of tax collected during a calendar year on the sale of donated goods, not to exceed $1 million. (7/1/05)

Provides relative to Central City incorporation; creates the Central City Transition District and provides for interim continuation of services and interim collection of certain sales taxes. (gov sig)

Provides for a digital interactive media producer tax credit. (gov sig) (EN DECREASE GF RV See Note)

Provides for a state sales and use tax limitation on the sales price and cost price of natural gas and to phase-in the restoration of the sales tax exemption for natural gas. (OR -$10,100,000 GF RV See Note)

Provides for the phase-in restoration of the sales tax exemption for natural gas and electricity. (7/1/05) (OR -$48,000,000 GF RV See Note)

Provides for a state sales and use tax limitation on the sales price and cost price of natural gas. (EG SEE FISC NOTE GF RV)

Reenacts the suspended "exemption" from three of the four cents of state sales tax for crawfish harvesting and production items as an "exclusion" from all four cents of the state sales tax. (7/1/05) (RE1 -$1,425,000 GF RV See Note)

Authorizes tax credits for certain brownsfields investments. (OR -$1,000,000 GF RV See Note)

Authorizes a Brownfields Investor Tax Credit. (7/1/05) (EN DECREASE GF RV See Note)

Limits the assessors who may be exempted from the requirement to provide ad valorem tax assessment information on the Internet and requires assessors who participated in the program as of 1/1/06 to provide additional information for Internet publication. (gov sig) (EN +$50,000 GF EX See Note)

Provides with respect to video games tax incentives.

Provides for the dedication of revenues to the Telephone Company Property Assessment Relief Fund. (7/1/05)

Provides for offset of individual income tax refunds against debts owed emergency ambulance providers. (OR INCREASE GF RV See Note)

Provides tax credits for certain biotechnology companies.

Increases by one-half percent the hotel occupancy tax of the Louisiana Stadium and Exposition District and distributes the surplus of such increase to city park and the Vieux Carre'. (OR +$4,250,000 SD RV See Note)

Provides transferable credits for investors in, research and development by, and the net operating loss of certain biotechnology companies and provides them a one sales factor apportionment for income tax purposes. (gov sig)

Includes facilitating the furnishing of hotel rooms as taxable for state and local sales tax and for hotel occupancy tax and makes "hospitality providers" liable for tax on their portion of the charge for rooms. (10/1/05) (OR +$4,800,000 SD RV See Note)

Authorizes certain Vision 2020 cluster high technology businesses to sell their unused net operating loss carryover occurring in an amount equal to at least 75% of the amount of the surrendered tax benefit, but not more than $500,000 per year of such benefit. (1/1/06) (OR DECREASE GF RV See Note)

Defines and excludes from state and local sales tax component parts of immovables and their components. (gov sig) (OR LF RV See Note)

Provides for the definition of component parts of immovable property for purposes of state and local sales and use tax. (gov sig) (OR LF RV See Note)

Removes the sunset date for motion picture employment tax credits and authorizes a one year carryback for motion picture investor tax credits. (7/1/05)

Removes the sunset date for motion picture employment tax credits, provides for a one year carry back, and provides for transferability. (7/1/05)

Provides for the calculation of a deduction from Louisiana income for interest expense applicable to investments which produce or which are held for the production of allocable income. (EN -$2,000,000 GF RV See Note)

Authorizes the child care tax credit without regard as to whether the federal credit is claimed. (gov sig) (OR DECREASE GF RV See Note)

Prohibits an increase in the millage rate for ad valorem tax purposes in the year of reappraisal without voter approval. (1/1/07) (OR SEE FISC NOTE LF RV)

Grants "sellable" tax credits to certain companies for employment of residents in connection with video game or supporting component programming and to investors in such companies' video game production.

Repeals termination date of sales tax exclusion for certain purchases and sales by parochial and private schools. (REF -$16,462,000 GF RV See Note)

Grants a $5,000 tax credit for each new job created in the "rubber manufacturing industry" as defined by NAICS Code 326211. (gov sig) (EG1 DECREASE GF RV See Note)

Grants a transferable sound recording investor tax credit. (gov sig) (OR DECREASE GF RV See Note)

Extends the motion picture employment tax credit, adds the Louisiana Music Tax Credit, and makes them all transferable.

Provides for the investment used in determining the motion picture investor tax credit. (7/1/05)

Constitutional amendment to prohibit an increase in the millage rate for ad valorem tax purposes in the year of reappraisal without voter approval. (1/1/07) (2/3-CA13s1(A)) (OR +$116,000 GF EX See Note)

Constitutional amendment to provide an exemption from the ad valorem tax for consigned art. (1/1/07) (2/3-CA13s1(A)) (EN DECREASE LF RV See Note)

Excludes salaries received by public school teachers from gross income for income tax purposes. (gov sig) (OR -$50,000,000 GF RV See Note)

Provides for the payment of interest on overpayments credited to a taxpayer's liability for a succeeding tax year. (EN +$1,700,000 GF RV See Note)

Constitutional amendment to authorize the levy of a tax on the use of hydrocarbon processing facilities and provide for the use of such monies. (2/3 - CA 13s1(A)) (OR INCREASE SD RV See Note)

Increases the transferable tax credit cap for rehabilitation of a historical structure in a downtown development district from $250,000 to $5 million. (7/1/05) (RE DECREASE GF RV See Note)

Authorizes a deduction of all interest and dividend income which would be includable in gross income and provides a one-factor formula for the apportionment of manufacturing and merchandising income to Louisiana. (EG -$4,800,000 GF RV See Note)

Reduces individual income tax by increasing the lower tax, 4% bracket by $25,000 and reducing the higher tax 6% bracket by $25,000. (gov sig) (OR -$372,000,000 GF RV See Note)

Revises the formula for payment of sales tax by interstate and foreign commerce transportation dealers. (gov sig) (EN NO IMPACT GF RV See Note)

Provides for the taxability of, the price of, and the collection of sales and occupancy tax on, rooms located in this state furnished by entities, which do not own or operate the room. (7/1/05)

Phases-in over 10 years a 10% credit against individual income taxes for charitable contributions. (gov sig)

Provides a tax credit for rehabilitation of owner-occupied historical structures. (OR -$10,000,000 GF RV See Note)

Provides for an innocent spouse rule for collection of taxes other than individual income taxes. (gov sig) (EN DECREASE GF RV See Note)

Extends the motion picture employment tax credits past July 1, 2006 and makes credits earned for employment in a production after July 1, 2005 transferable. (7/1/05) (EG -$3,950,000 GF RV See Note)

Removes termination date for sales and use tax exclusion for purchases and sales by certain private and parochial elementary and secondary schools. (OR -$582,000 GF RV See Note)

Exempts from income tax the retirement benefits of public elementary and secondary teachers from other states. (gov sig) (OR -$3,000,000 GF RV See Note)

Grants an exclusion from state and local sales tax for non-profit organizations which donate toys to children. (7/1/05) (EN -$40,000 GF RV See Note)

Provides relative to the levying of an occupational license tax on pharmacies. (7/1/05) (EG DECREASE LF RV See Note)

Phases-in a deduction over a 10-year period for unreimbursed medical and dental expenses claimed as an itemized deduction for federal income tax purposes. (gov sig) (EG -$380,000 GF RV See Note)

Grants a state sales tax exemption for the purchase of fuel by certain school bus drivers. (gov sig)

Grants a refundable sound recording investor income tax credit. (gov sig) (RE -$5,000,000 GF RV See Note)

Extends the motion picture employment tax credit, adds the Louisiana Video Game Employment Tax Credit and the Louisiana Music Tax Credit, and makes them all transferable. (gov sig)

Provides a tax credit for rehabilitation of owner-occupied historical structures. (OR -$10,000,000 GF RV See Note)

Requires additional notice by July 15 of a public meeting at which a taxing body proposes to consider levying additional or increased millage rates without voter approval. (EN INCREASE LF EX See Note)

Constitutional amendment to eliminate authority in Article VII, Sec. 23(C) of the Louisiana Constitution permitting the "roll forward" of property tax millages. (1/1/07) (2/3-CA13s1(A)) (OR +$116,000 GF EX See Note)

Deletes statutory authority for "roll forward" of property tax millages by a 2/3s vote of certain taxing authorities without a vote of the electorate after reappraisal or a reduction in the homestead exemption. (OR DECREASE LF RV See Note)

Provides for the notice to be given to taxpayers concerning certain property tax assessments and meetings to increase millage rates without voter approval. (1/1/06) (EN INCREASE LF EX See Note)

Constitutional amendment to change homestead exemption to make the first $10,000 of value subject to property tax and to exempt the next $75,000 unless an occupant is either 65 years of age or older or permanently totally disabled. (1/1/07) (2/3-CA13s1(A)) (OR SEE FISC NOTE LF RV See Note)

Adds the homesteads of certain disabled veterans, those killed in action or who are missing in action or a prisoner of war for over 90 days and certain persons judicially determined to be permanently totally disabled to the "special assessment level" which freezes their property tax assessments. (1/1/07) (2/3-CA13s1(A)) (EN +$116,000 GF EX See Note)

Constitutional amendment to limit the time when property tax reappraisals and increases in millage rates without voter approval may occur and prohibits a tax increase until all property is reappraised. (1/1/07) (2/3-CA13s1(A)) (OR +$116,000 GF EX See Note)

Grants a tax credit against income tax for certain tax years for new qualifying jobs to the extent that they result in a net overall increase in employment statewide from August 15, 2005. (OR DECREASE GF RV See Note)

Grants an exclusion from state sales tax for utilities and fuel used directly in the actual process of manufacturing renewable resources into articles of tangible personal property for resale. (7/1/05)

Allows a taxpayer to take the credit of up to $1,000 against income or corporation franchise taxes for qualified donations made to qualified playgrounds for certain tax years between 1992 and 2001 if taken on an amended return filed by December 31, 2008. (gov sig) (EN DECREASE GF RV See Note)

Provides for no corporate franchise tax if the taxable base is $100,000 or less. (1/1/06) (EG -$6,600,000 GF RV See Note)

Reduces individual income tax rates and brackets, and restores the deduction for excess federal itemized personal deductions, to the same amounts as provided for prior to the enactment of the Stelly Plan (Act 51 of 2002) except for the reduction in rates for the lowest brackets. (gov sig) (OR -$575,000,000 GF RV See Note)

Revises the tax credit for employment by corporations of first time drug offenders who are less than 25 years of age to include all first time "nonviolent offenders" of any age and expands the credit to individual income tax. (gov sig) (EN DECREASE GF RV See Note)

Constitutional amendment to authorize New Orleans Regional Business Park to enter into additional 20-year property tax exemption contracts with certain manufacturers located within the park which already have ten-year Industrial Exemption Contracts. (1/1/07) (2/3-CA13s1(A)) (OR DECREASE LF RV See Note)

Authorizes a child care expense income tax credit without regard to whether a federal credit is claimed. (gov sig) (EN -$2,400,000 GF RV See Note)

Provides for power of the Morehouse Parish Lake Commission to levy taxes, issue bonds, and incur indebtedness pursuant to the Constitution of Louisiana. (gov sig)

Grants an income and corporate franchise tax credit equal to 20% of the cost of certified recycling equipment and or service contracts used by nonhazardous industrial waste generators or beneficial users to implement DEQ-approved reuse programs. (gov sig) (EN DECREASE GF RV See Note)

Exempts $12,000 of annual income of both the husband and wife if both are 65 years of age or older and filing a joint return. (gov sig) (EG -$6,400,000 GF RV See Note)

Authorizes a credit against individual income taxes of up to $10,000 per organ donation for expenses paid by a taxpayer if related to the taxpayer's travel or absence from work related to the taxpayer's or the taxpayer's spouse's living organ donation. (7/1/05) (EN -$124,000 GF RV See Note)

Constitutional amendment to remove the "income cap" for those 65 years of age or older to receive the "special assessment level", which freezes their residential value assessment levels. (1/1/07) (2/3-CA13s1(A)) (OR +$116,000 GF EX See Note)

Phases in a reduction and then repeals the gift tax. (7/1/05) (OR -$297,000 GF RV See Note)

Merges, expands and makes refundable the state income tax credits for child care and dependent care expenses. (gov sig) (OR -$7,000,000 GF RV See Note)

Constitutional amendment to make the first $10,000 of a homestead's value subject to property tax unless a person is either 65 years of age or older or permanently totally disabled and exempts the next $75,000. (1/1/07) (2/3-CA13s1(A))

Provides a refundable, state earned income tax credit equal to 20% of the federal credit. (1/1/05) (OR -$236,000,000 GF RV See Note)

Restores the income tax deduction for excess federal itemized deductions. (12/31/05) (OR -$15,000,000 GF RV See Note)

Urges the House Ways and Means Committee to study the feasibility of a state sales and use tax exemption for certain water conservation equipment in the Sparta Groundwater Conservation District

Memorializes congress to work to abolish the federal estate tax permanently

Requests the commissioner of administration and the office of planning and budget of the division of administration to develop a plan for return of a portion of severance tax revenues to certain parishes

Urges and requests the Louisiana Tax Commission to study certain issues of ad valorem taxation of motor vehicles

Urges and requests the Louisiana Tax Commission to study the issue of ad valorem taxation of motor vehicles and equipment permanently or temporarily attached thereto to