HLS 13RS-708 ORIGINAL Page 1 of 3 CODING: Words in struck through type are deletions from existing law; words underscored are additions. Regular Session, 2013 HOUSE BILL NO. 166 BY REPRESENTATIVE ANDERS Prefiled pursuant to Article III, Section 2(A)(4)(b)(i) of the Constitution of Louisiana. TAX/SEVERANCE TAX: Provides relative to determining the market value of trees, timber, and pulpwood for purposes of levying the severance taxes AN ACT1 To amend and reenact R.S. 47:633(1), (2), and (3), relative to the severance tax; to provide2 relative to the severance tax on trees, timber, and pulpwood; to provide relative to3 the valuation of such natural resources; to authorize the Louisiana Tax Commission4 to assist in valuation of such natural resources; and to provide for related matters.5 Be it enacted by the Legislature of Louisiana:6 Section 1. R.S. 47:633(1), (2), and (3) are hereby amended and reenacted to read as7 follows:8 ยง633. Rates of tax9 The taxes on natural resources severed from the soil or water levied by R.S.10 47:631 shall be predicated on the quantity or value of the products or resources11 severed and shall be paid at the following rates:12 (1) On trees and timber, except pulpwood, two and one-quarter percent of13 the then current average stumpage market value of such timber, to be determined14 annually on the second Monday of in December by the Louisiana Forestry15 Commission and the Louisiana Tax Commission, such value to be effective on the16 first day of January in the following year and continuing until the next succeeding17 January. The Louisiana Tax Commission may assist in determining the value.18 (2) On pulpwood, five percent of the then current average stumpage market19 value of such pulpwood, to be determined annually on the second Monday of in20 HLS 13RS-708 ORIGINAL HB NO. 166 Page 2 of 3 CODING: Words in struck through type are deletions from existing law; words underscored are additions. December by the Louisiana Forestry Commission and the Louisiana Tax1 Commission, such value to be effective on the first day of January in the following2 year and continuing until the next succeeding January. The Louisiana Tax3 Commission may assist in determining the value.4 (3) The Louisiana Forestry Commission and the Louisiana Tax Commission5 shall base their determination of the market value of trees, timber, and pulpwood as6 provided in Paragraphs (1) and (2) of this Section exclusively on with consideration7 of sales of timber as reported to the Louisiana Department of Revenue and as8 published in the "Quarterly Report of Forest Products" by the Louisiana Department9 of Agriculture and Forestry.10 * * *11 DIGEST The digest printed below was prepared by House Legislative Services. It constitutes no part of the legislative instrument. The keyword, one-liner, abstract, and digest do not constitute part of the law or proof or indicia of legislative intent. [R.S. 1:13(B) and 24:177(E)] Anders HB No. 166 Abstract: Authorizes, rather than requires, the La. Tax Commission to assist the La. Forestry Commission in determining the annual value of trees, timber, and pulpwood for purposes of levying severance taxes. Present law requires the state tax levied on natural resources severed from the soil or water to be predicated on the quantity or value of the products or resources severed. Present law provides that the rate of the tax levied on trees and timber is 2.25% of the current average stumpage market value of timber and the rate of the tax levied on pulpwood is 5% of the current average stumpage market value of pulpwood. Stumpage value is determined annually on the second Monday of Dec. by the La. Forestry Commission and the La. Tax Commission and is effective on the first day of Jan. in the following year, continuing until the next succeeding Jan. Proposed law retains present law as to the rate of these taxes but changes the present law from a requirement that the La. Tax Commission determine the annual stumpage value to an authorization that the La. Tax Commission assist the La. Forestry Commission in determining same. Proposed law further changes the time of determining the annual stumpage value from the second Monday in Dec. to Dec. Present law requires the La. Forestry Commission and the La. Tax Commission to base the determination of the market value of trees, timber, and pulpwood exclusively on sales of timber as reported to the Dept. of Revenue and as published in the "Quarterly Report of Forest Products" by the La. Dept. of Agriculture and Forestry. Proposed law changes present law by deleting the reference to the La. Tax Commission since the La. Tax Commission's participation in determining the market value of trees, timber, and HLS 13RS-708 ORIGINAL HB NO. 166 Page 3 of 3 CODING: Words in struck through type are deletions from existing law; words underscored are additions. pulpwood is permissive rather than mandatory. Proposed law further changes the requirement that the determination of market value of trees, timber, and pulpwood be based exclusively on timber sales to a determination that considers timber sales. (Amends R.S. 47:633(1), (2), and (3))