Focus Topic – Taxes
by Courtney C Horne @FireezDragon
These are all tax related bills
House Bill 7 (HB7) – (Arnold) provides some tax exemptions for non profit blood banks and collection centers. I suspect that a non profit blood bank or collection center approached the legislator to make this bill happen.
House Bill 54 (HB54)- (Jones) provides a system for collection of ad valorem tax proceeds due to the Registrar of Voters Employees’ Retirement System which includes the state treasurer deducting the amount due from any payments due to delinquent party.
House Bill 69 (HB69)- (Brossett) beginning in tax year 2013, that the period for inspection of assessment lists in Orleans Parish be for a period of 32 calendar days, beginning no earlier than July 15 and ending no later than Aug. 15 of each year, rather than the current 15 days. This change does not effect any other parishes.
House Bill 86 (HB86)- (Havard) changes a law allowing local sales/use tax exemption in east Feliciana parish for charges for the furnishing of repairs to tangible personal property when the repaired property is delivered to a customer in another state to one requiring such an exemption
House Bill 104 (HB104)- (Thibaut) Currently auto insurers offer a 25% discount to all active military in the state (in exchange they get a tax credit), this bill extends that discount to cover Louisiana National Guard and reservists.
House Bill 106 (HB106)- (Dove) Increases the maximum rate of the hotel occupancy tax that the Houma Area Convention and Visitors Bureau may levy from 4 to 5 percent with the extra to be used for recreational and tourism infrastructure.
House Bill 122 (HB122)– (Thibaut) Allows a tax assessor, on request, to be able to make separate assessments in each tax parcel- in the case of undivided interests (which is when property is held by multiple parties without specification the part for each person by percent or other method)
House Bill 135 (HB135)- (Burford) Expands the current income tax credit for conversion of vehicles to alternative fuels to include the lessor of leased vehicles as well (when the lessor pays for the conversion).
House Bill 139 (HB139)- (Leopold) Creates a state sales and use tax exemption for purchases of construction materials by the Committee for Plaquemines Recovery and allows local taxing authorities to offer the same exemption.
House Bill 153 (HB153)- (Foil) Changes a checkoff on income tax forms through which an individual may donate some or all of their refund from being specific to prostate cancer to being for all types of cancer combating or research.
House Bill 161 (HB161)- (James) Changes the system for the income tax credit for state certified productions. (The movie tax credits) Reduces the amount of tax credit, reduces the number of years a credit can be carried forward, and gets rid of the ability for such a credit to be transferred or sold.
House Bill 162 (HB162)- (Pearson) Constitutional amendment to allow a taxing authority to increase its millage rate up to any maximum authorized millage rate established within the last 10 years rather than the maximum authorized rate in effect the prior year. Also establishes additional public notice requirements for meetings at which a millage increase will be voted on
Senate Bill 1 (SB1)– (Claitor) Adds tax rebates to the measures not allowed to be introduced during regular session in even numbered years and to the things allowed to be introduced during session in odd numbered years. This is a state constitutional amendment.
Senate Bill 12 (SB12)- (Murray) Adds an income tax credit of up to $600 for deposits into a Wind and Hail Deductible Savings Account to cover the deductible of one’s home owner’s insurance in the event of wind or hail damage.
Senate Bill 28 (SB28)- (Murray) Very similar to house bill 69 which changes the period for inspection of assessment lists in Orleans Parish be for a period of 32 calendar days, beginning no earlier than July 15 and ending no later than Aug. 15 of each year, rather than the current 15 days. This change does not effect any other parishes. This bill (but not HB69) in addition also changes the amount of time the complaints received by the assessor’s office have to be forwarded to the board of review from 7 to 10 days.
Senate Bill 37 (SB37)- (G. Smith) For state income taxes, federal tax benefits which are part of disaster relief would not reduce ones deduction for federal income taxes. Also authorizes individuals and corporations to carryback a net operating loss for 5 years if it is attributable to Hurricane Issac.
Senate Bill 44 (SB44)- (Nevers) Would allow the city of Bogalusa to levy a provider fee on hospitals in the city the proceeds from which would go into a fund to cover the costs of medicaid in the city.
Senate Bill 50 (SB50)- (Erdey) Creates the Juban Crossing Economic Development District and requires certain tax revenue in Livingston Parish to go into that fund which shall be used for the district’s infrastructure.
Senate Bill 56 (SB56)- (Morrell) This constitutional amendment would add an exemption from showing that their income was under the required amount to receive a special property assessment level for individuals who are permanently and totally disabled. Such an exemption already exists for individuals over 65.
House Bill 163 (HB163)- (Havard) Changes an exemption to state and parish sales and use tax (in East Feliciana Parish) for charges for repairs to personal property when the repaired property is delivered to a customer in another state from an allowable exemption to a required one.
House Bill 166 (HB166)- (Anders) Changes the determination of timber values for tax purposes from being done by the LA Tax commission and LA forestry commission and based solely on timber sales to being done by the LA forestry commission with optional consulting by the LA tax commission and based partly on timber sales.
House Bill 179 (HB179)- (H. Burns) Allows the Shreveport Bossier Convention and Tourist Bureau to increase the hotel tax they levy from 4.5 to 7 % with a portion of that increase to go to activities for sports tourism and to the Independence Bowl Foundation.
House Bill 182 (HB182)- (Anders) Current law requires the Department of Agriculture and Forestry to develop guidelines for tax exemptions for raw agricultural commodities, this bill would change that requirement to something the department is allowed to do rather than required to do.
House Bill 193 (HB193)- (Gisclair) Adds ship building and repairing to the list of activities that qualify as port or harbor activity for purposes of qualifying for the Ports of Louisiana tax credits.
House Bill 205 (HB205)- (Leger)this is a constitutional amendment- Currently the legislature has to approve local sales taxes above a certain rate. This would remove that requirement but not the requirement that such taxes are subject to voter approval.
House Bill 231 (HB231)- (Pierre) Allows Lafayette parish to make a car rental tax district within their parish through which they can tax vehicle rentals. (with some exceptions listed) Any funds received as a result would go to the Lafayette Redevelopment Authority.
House Bill 235 (HB235)- (Badon) Would raise the tax per pack of cigarettes from 36 cents to $1.41. 75% of the additional tax would go to a Tobacco Tax Health Care Fund. The other 25% would go to the New Orleans Regional Planning Commission.
House Bill 238 (HB238)- (P. Williams) The telecommunications tax for the telecommunications for the deaf fund is currently 5 cents a month and levied on all local phone lines. This would change it to 4 cents a month and being levied on local, long distance, pager and wireless lines.
House Bill 247 (HB247)- (Pope) Same as HB238 The telecommunications tax for the telecommunications for the deaf fund is currently 5 cents a month and levied on all local phone lines. This would change it to 4 cents a month and being levied on local, long distance, pager and wireless lines.
House Bill 256 (HB256)- (P. Williams) This is a constitutional amendment. Currently property sold at a tax sale is redeemable by paying the price given plus a penalty and interest for up to three years. Property which was abandoned or blighted in New Orleans is redeemable for 18 months. This would remove the provision pertaining to blighted/abandoned property in New Orleans. It would be replaced with a provision that statewide blighted or abandoned property would be redeemable for 12 months.
House Bill 271 (HB271)– (Greene) Phases out the individual state income tax over the course of ten years with the amount paid going down 10% per year. (Part of Jindal’s Tax Swap plan is to get rid of income tax in favor of higher sales taxes- which is bad for the poor, the middle class, and essentially everyone but the wealthy- I wrote about his plan here)
House Bill 283 (HB283)– (Leger) Extends income tax credits for musical or theatrical infrastructure projects from ending in 2014 to 2022 and expand the musical or theatrical activities that are eligible for tax credits to include production costs, etc.
House Bill 326 (HB326)- (Barras) This law would allow, with voter approval, the city of Youngsville to levy a 2% hotel occupancy tax. The proceeds of the tax are for funding the construction, maintenance, and operation of a multipurpose community center, economic development, and tourism.
House Bill 328 (HB328)– (Talbot) This constitutional amendment adds a property tax exemption for 1) inventory held by manufacturers, distributors, and retailers 2) and for natural gas held, used, or consumed in providing natural gas storage services or operating natural gas storage facilities.
House Bill 329 (HB329)- (A Williams) This constitutional amendment removes the income requirement from the requirements someone must meet to qualify for a special property assessment level for purposes of property taxes. Other requirements would remain in place.
House Bill 330 (HB330)– (Greene) This constitutional amendment would reduce the homestead exemption from covering the first $75k of property value to covering the first $25k of property value, cutting it down to a third of its current amount.
House Bill 331 (HB331)- (Greene) This constitutional amendment would keep the $75k homestead exemption but only after taxing the first $10k of value would the exemption then be applied on the rest or the next $75k.
House Bill 358 (HB358)– (Abramson) Removes the date that sound recording tax credits law is set to expire and for Louisiana residents reduces the investment required for a tax credit from 15 to 5 thousand dollars.
House Bill 369 (HB369)– (Kleckley) This bill adds to the required notice the tax assessor must give when the taxable assessment of property increases by more than 15% from the prior assessment. The notice will now have to also include the taxpayer’s property tax assessment and property value for the current year and the property tax assessment and property value for the previous year.
House Bill 377 (HB377)- (Leger) Requires the Dept of Revenue to establish a tax credit registry through which transfers, claims, and refunds of tax credits are tracked. Also requires the time within which the transfer of certain tax credits be reported to be 10 days rather than the current 30.
House Bill 384 (HB384)– (Badon) Allows the city of New Orleans to require neighborhood districts to reimburse the city any election costs caused by those districts. Also allows the city to keep either 1% of the tax collected for those districts or the actual cost of collecting the tax, whichever is greater (rather than simply 1% as is the current law).
House Bill 405 (HB405)- (Ritchie) Reduces the state tax on 1) the purchase, sale, use, consumption, distribution, storage for use or consumption, and the lease or rental of each item of tangible personal property and on 2) sale of services from 2% to 1%
House Bill 407 (HB407)– (Robideaux) This constitutional amendment requires legislation related to tax rebates may only enacted in odd numbered years. It also requires proposed legislation related to tax exemptions, exclusions, deductions, reductions, repeals, or credits to be pre-filed at least 45 days prior to the first day of a regular session.
House Bill 417 (HB417)– (Ritchie) Increases the tax on most tobacco products and appropriates the funds to 12 different purposes including (among others) tobacco research, state retirement system, and medicaid funds.
House Bill 420 (HB420)– (Pierre) Sets aside $200,000 annually of the Lafayette Parish state hotel/motel sales tax to the Holy Rosary Redevelopment with the remainder to continue to be for planning, development, and capital improvements at, or adjacent to, the Cajundome site -as is the present law.
House Bill 428 (HB428)– (Robideaux) This constitutional amendment requires that federal income tax shall only be allowed as a deduction in computing state corporate income taxes not regular state income taxes (which is currently allowed).
House Bill 439 (HB439)– (Robideaux) This constitutional amendment allows the deduction of federal income taxes on only individual state income taxes. (not state corporate income taxes as well which is currently allowed)
House Bill 444 (HB444)– (Burrell) Requires the House Ways and Means and Senate Revenue and Fiscal Affairs Committees to review tax credits and make recommendations to either continue or terminate credits. Terminates all credits beginning Jan. 1, 2016. This bill covers a very wide range of tax credits (including the movie industry ones).
House Bill 455 (HB455)– (Leger) Creates the Louisiana New Markets Jobs tax credits which provides a tax credit against the premium tax liability for any entity who makes an investment of private capital into low-income community businesses located in Louisiana. Defines relevant terms and conditions for this tax credit.
House Bill 456 (HB456)– (Robideaux) Establishes the Louisiana Tax Delinquency Amnesty Act of 2013. Which allows for tax amnesty for specified tax payers for taxes owed from a certain period. Establishes related conditions and restrictions.
House Bill 463 (HB463)– (Brossett) Authorizes parishes with a population over 130,000 to create an automobile rental tax half of which shall go to the airports in the parish and the other half to the governing authority of the parish.
House Bill 468 (HB468)– (Barras) Allows the Louisiana Sales Tax Holiday in September to apply to custom goods ordered and paid for at least 25% at the time (but not received) during the tax holiday as long as the customer does not request delayed shipment, and the item is shipped within 120 days of the end of the sales tax holiday.
House Bill 474 (HB474)– (S. Bishop) Current law has a 12.5% severance tax on oil produced in the state with a 5 year exemption for wells classified as inactive. The bill would create a reduced rate of 6.25% for 10 years on oil produced from wells classified as inactive rather than the current 5 year tax exemption.
House Bill 483 (HB483)– (N. Landry) Extends the end date for the granting of tax credits related to the construction, repair, or renovation of facilities related to musical and theatrical productions and performances from 2013 to 2022
House Bill 484 (HB484)– (Leger) Extends the end date of the Investor Tax Credit and the Import Export Tax Credit from 2017 to 2020. Reduces the cost required for a project to qualify and extends the type of project that qualifies to cover ship building and repair and support activities for oil and gas operations. Removes required certification by the commissioner of administration before the credit can be granted requiring only the approval of the joint legislative committee on the budget.
House Bill 499 (HB499)– (Burrell) Requires agencies which administer tax incentives to report annually to the legislature on those incentives. This report should include whether the tax incentive was successful in its goal as well as its effects on the state. Requires hearings on and analysis of these reports by the House Committee on Ways and Means and the Senate Committee on Revenue and Fiscal Affairs in odd numbered years.
House Bill 501 (HB501)– (Moreno) Extends the base investment tax credit for the musical and theatrical production income tax credit for projects which receive certification no later than Dec. 31, 2013 to January 1, 2015 for those projects.
House Bill 505 (HB505)– (Seabaugh) Starting in 2016, this bill would faze out individual income tax over ten years with 90% of present rates in 2016, 80% in 2017 and so on until there is no more individual income tax in the state by 2025. (Check out my article on Jindal’s tax swap)
House Bill 507 (HB507)- (Ivey) Same as HB505, Starting in 2016, this bill would faze out individual income tax over ten years with 90% of present rates in 2016, 80% in 2017 and so on until there is no more individual income tax in the state by 2025. (Check out my article on Jindal’s tax swap)
House Bill 508 (HB508)– (Cromer) Creates a state tax credit for income and corporate franchise taxes of 100% of the federal excise taxes paid on the sale of a medical device by a manufacturer, producer, or importer of medical devices.
House Bill 511 (HB511)- (J. Thompson) Exempts up to $500 of overtime wages from the state individual income tax for taxpayers with an adjusted gross income of no more than $44,000. Requires records of overtime wages to be kept by employers (for 3 years) and supplied to employees on request.
House Bill 514 (HB514)- (Kleckley) This constitutional amendment would require a three year phase in system for increases in property assessments for property tax if the property’s value goes up by greater than 15% from the previous year. No new assessments can occur during the phase in period.
House Bill 517 (HB517)– (Broadwater) Changes the way the ad valorem taxes for heavy equipment rental property are calculated by changing how the equipment is assessed and valued. Also changes the way the taxes are collected.
House Bill 518 (HB518)– (Robideaux) Repeals laws creating exemptions, deductions and credits for the state corporate income and corporate franchise taxes. Repeals the corporate franchise tax entirely.
House Bill 520 (HB520)– (Robideaux) This is a constitutional amendment to exclude’s the first $1000 worth of a natural resource severed from soil or water from the ad valorem tax on resources severed from the soil or water.
House Bill 521 (HB521)- (Leger) This constitutional amendment would increase the homestead tax exemption while requiring it to not apply to the first $10k of value. As a result the first $10k would be taxable with the homestead exemption applying to the next $90k (an increase from the current $75k) and then amounts over that would be taxed.
House Bill 536 (HB536)– (K. Jackson) This constitutional amendment requires federal income tax to be deductible on state individual income taxes and allows but does not require the same deductiblity on state corporate income taxes.
House Bill 551 (HB551)- (Leger) Extends the termination date of the Investor Tax Credit and the Import Export by three years. Reduces the capital cost of qualifying projects. Adds Ship building and repairs and supportive activities for oil and gas operations to the qualifying categories. Removes some of the certification approval requirements for qualification. Allows the Dept of Economic Development more leeway in determining the amount of tax credit given if they show “significant positive economic benefit” as a reason for the difference.
House Bill 555 (HB555)– (Jay Morris) In Ouachita Parish, this bill requires the parish to stop collecting a tax dedicated to providing a service on the population of a municipality if the municipality begins levying a tax with the same rate, purpose, and duration.
House Bill 561 (HB561)– (T Burns) This bill addresses how the governing authority of St Tammany Parish is to collect taxes related to their coroner’s office and what the required uses of those taxes are. Lays out regulations to govern the coroner’s office’s functioning in the parish.
House Bill 563 (HB563)– (Thibaut) This bill amends the research and development tax credit to require further documentation, require detailed examinations of some applications, shifts burden of proof of eligibility on to applicants, and requires the dept to disallow any applications not supported by documentation.
House Bill 565 (HB565)- (P Williams) This bill allows for the Dept of Revenue to use an electronic financial institute data match system, in cooperation with financial institutes, to enforce tax collection from tax debtors.
House Bill 568 (HB568)– (G Jackson) Creates the Louisiana Sales and Use Tax Commission to administer and collect state and local use and sales tax on remote sellers. This commission is designed to make Louisiana able to collect sales tax from online sellers through simplification required by the federal Marketplace Fairness Act of 2013 (if it passes) or another similar law.
House Bill 571 (HB571)- (Robideaux) This is a tax rebate system related to the Jindal tax swap plan. Because without income tax, income tax credits can’t be used as incentives- a rebate plan would be put into place. The 100+ page bill creates these rebate systems (1) Family Assistance Rebate Program (2) Rebate Program for Assistance for Retirees and Military (3) Rebate for local inventory taxes (4) Rebate for taxes paid with respect to vessels in Outer Continental Shelf Lands Act Waters (5) Rebates for motion picture investors (6) Rebate for property taxes paid by certain telephone companies. (7) Rehabilitation of Historic Structures Rebate (8) School Readiness Child Care Expense Program. (9) Research and Development Rebate. (10) Angel Investor Rebate Program. (11) Digital interactive media and software. (12) Sound recording investor rebate. (13) Musical and theatrical productions rebate. (14) Ports of Louisiana rebates.
It is beyond the scope of this particular project to get in to all 14 of these rebate systems individually. However I think it is important to note that the family assistance rebate program – the one for low income families- gives no indication of what qualifying incomes may be and puts the rebate system in the hands of the dept of children and family services rather than revenue. On the other hand, the program for retirees and military includes income thresh-holds and is administered by the dept of revenue. Also, the adjustments for cost of living changes are required for the program for the elderly but only allowed for the low income family program. This tax swap is super bad for the poor and this undefined rebate does little to nothing to reassure me.
House Bill 574 (HB574)– (Robideaux) Increases tobacco taxes and repeals alcohol, motor fuel, tobacco, hazardous waste disposal, and telecommunications tax discounts. Unlike some other bills to increase tobacco taxes, this bill does not designate the funds for a particular purpose.
House Bill 586 (HB586)- (Talbot) Eliminates the current brackets and rates for the state individual income tax and replaces it with a flat 1.9% rate on income over $12,500. Currently the first 12,500 is taxed 2%, the next 37,500 is taxed at 4% and any income over that is taxed at 6%.
House Bill 587 (HB587)– (Robideaux) This requires a legislative committee review of all tax credits and a recommendation to either continue or terminate the credits. It terminates all tax credits in Jan 2016.
House Bill 599 (HB599)- (Reynolds) Extends the corporate and individual income tax credit for rehabbing historic structures to include structures in a wider range of areas and allows the expenses for the rehabilitation of the structure to include insurance premiums and severance taxes.
–to be periodically updated as new bills are filed–