Page 1 of 3 Coding: Words which are struck through are deletions from existing law; words in boldface type and underscored are additions. Regular Session, 2013 ENROLLED SENATE BILL NO. 144 BY SENATOR MORRELL AN ACT1 To enact R.S. 47:13, relative to tax exemptions; to provide for renewal of certain tax2 exemption certificates once granted; to require the Department of Revenue to3 promulgate necessary rules and regulations; to provide for an effective date; and to4 provide for related matters.5 Be it enacted by the Legislature of Louisiana:6 Section 1. R.S. 47:13 is hereby enacted to read as follows:7 ยง13. Renewal of tax exemption certificates8 A. Direct Payment Numbers. Notwithstanding any other law in this9 Title to the contrary, a sales tax exemption certificate granted to a taxpayer10 under the provisions of R.S. 47:303.1 shall be renewed as provided in this11 Section without his having to reapply for the certificate unless the Department12 of Revenue determines that the taxpayer is no longer qualified for the13 exemption. However, the Department of Revenue may suspend a taxpayer's14 direct payment number certificate if the taxpayer has not met the requirements15 of R.S. 47:303.1(B) or has become delinquent in the taxpayer's sales tax16 payment or filing responsibilities pursuant to R.S. 47:306.17 B. Sale for Resale. Notwithstanding any other law in this Title to the18 contrary, a sales tax exemption certificate granted to a taxpayer defined as a19 dealer under the provisions of R.S. 47:301(4) and who makes purchases of20 ACT No. 93 SB NO. 144 ENROLLED Page 2 of 3 Coding: Words which are struck through are deletions from existing law; words in boldface type and underscored are additions. tangible personal property for resale as provided for in R.S. 47:301(10)(a)(i) or1 sales of services for resale as provided for in R.S. 47:301(10)(a)(ii) shall be2 renewed as provided for in this Section without his having to reapply for the3 exemption certificate unless the Department of Revenue determines the4 taxpayer is no longer qualified for the exemption. However, the Department of5 Revenue may suspend a taxpayer's resale certificate if the taxpayer no longer6 qualifies as a dealer under R.S. 47:301(4) or has become delinquent in the7 taxpayer's sales tax payment or filing responsibilities pursuant to R.S. 47:306.8 C. Purchases of Manufacturing, Machinery, and Equipment.9 Notwithstanding any other law in this Title to the contrary, a sales tax10 exemption certificate granted to a taxpayer pursuant to R.S. 47:301(3)(i)(i),11 47:301(13)(k)(i) and 47:301(28)(a) shall be renewed as provided in this Section12 without his having to reapply for the exemption certificate unless the13 Department of Revenue determines that the taxpayer is no longer qualified for14 the exemption. However, the Department of Revenue may suspend a taxpayer's15 exemption certificate if the taxpayer no longer qualifies as a manufacturer16 under R.S. 47:301(3)(i)(i), 47:301(13)(k)(i), or 47:301(28)(a), or if the taxpayer17 has become delinquent in the taxpayer's sales tax payment or filing18 responsibilities pursuant to R.S. 47:306.19 D. Automatic renewals of the sales tax exemption certificates in20 Subsections A, B, and C of this Section may be for a period of up to three years.21 The Department of Revenue shall notify a qualifying taxpayer of its22 determination as to whether the certificate will be automatically renewed23 pursuant to this Section or whether the taxpayer is denied renewal and must24 reapply. A taxpayer who is denied renewal of a sales tax exemption certificate25 may reapply for the certificate to the Department of Revenue. The Department26 of Revenue shall promulgate rules and regulations regarding its criteria for27 determining a taxpayer's ability to renew a sales tax exemption certificate28 without the necessity of reapplying as it relates to the exemption certificates in29 Subsections A, B, and C of this Section.30 SB NO. 144 ENROLLED Page 3 of 3 Coding: Words which are struck through are deletions from existing law; words in boldface type and underscored are additions. Section 2. This Act shall become effective on January 1, 2014; if vetoed by the1 governor and subsequently approved by the legislature, this Act shall become effective on2 January 1, 2014, or on the day following such approval by the legislature, whichever is later.3 PRESIDENT OF THE SENATE SPEAKER OF THE HOUSE OF REPRESENTATIVES GOVERNOR OF THE STATE OF LOUISIANA APPROVED: