Provides for estate tax apportionment (EN NO IMPACT GF RV See Note)
Impact
The enactment of HB 123 will significantly influence how estates are administered in Louisiana, particularly in terms of tax distribution upon the death of an individual. The bill promotes a clear and fair approach by defining how taxes owed can be apportioned if not specified, thereby reducing ambiguity during estate settlements. Additionally, it allows spouses to receive certain payments without the need for court orders and establishes a right of action for fiduciaries to recover taxes from beneficiaries, which could enhance compliance and payment of estate duties.
Summary
House Bill 123 provides a framework for the apportionment of estate taxes in Louisiana, aiming to clarify the responsibilities of various parties involved in the distribution of an estate. The bill addresses how estate taxes should be divided among beneficiaries when the deceased has not made explicit provision in their will for apportionment, ensuring that taxes are allocated proportional to each person's interest in the estate. It modifies existing laws surrounding the treatment of savings accounts and investments held jointly, particularly regarding the rights of surviving spouses and the liability of financial institutions in tax matters.
Sentiment
Overall, the sentiment towards HB 123 appears favorable, especially among those advocating for clearer regulations regarding estate taxes. Supporters argue that the bill provides necessary legal certainty and fairness for beneficiaries and fiduciaries alike, making the estate settlement process more straightforward. However, there may be concerns from potential beneficiaries who might face larger tax liabilities as a result of the changes, especially if they have not planned adequately for these potential costs.
Contention
Notable points of contention may arise from the provisions related to jointly held accounts and the regulations governing the distribution of benefits from individual retirement accounts. Critics may worry about the implications of these changes on the rights of certain heirs, particularly if more expansive powers are given to fiduciaries over sharing tax liabilities. The retroactive application of certain provisions may also lead to debates regarding fairness for past decedents and their heirs.
Requires pro forma income tax returns relative to the potential for the use of a combined unitary reporting system as a method of income apportionment (EG NO IMPACT GF RV See Note)
Provides relative to the apportionment ratio for purposes of computing corporate income tax and provides for the sourcing of sales (Item #44) (EN INCREASE GF RV See Note)
Requires corporations subject to Louisiana income or franchise tax which have either corporate gross revenues everywhere of $8 billion or $8 million of assets everywhere to file combined returns and limits their NOL deduction to 50% of tax liability. (gov sig) (EG INCREASE GF RV See Note)
Excludes compensation earned by certain out-of-state employees and nonresident businesses for disaster or emergency-related work performed during disaster periods from state income tax (RE1 DECREASE GF RV See Note)