SLS 13RS-458 ORIGINAL 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 SENATE BILL NO. 163 BY SENATOR MARTINY TAX/TAXATION. Provides for tax credit against corporate income and franchise taxes based on the increase in visitors resulting from certain activities undertaken by businesses seeking the credit. (8/1/13) AN ACT1 To enact Chapter 5 of Subtitle VII of Title 47 of the Louisiana Revised Statutes of 1950, to2 be comprised of R.S. 47:650, relative to tax credits; authorizes contracts to provide3 tax credits for incrementally increasing the number of visitors to the state; and to4 provide for related matters.5 Be it enacted by the Legislature of Louisiana:6 Section 1. Chapter 5 of Subtitle VII of Title 47 of the Louisiana Revised Statutes of7 1950, to be comprised of R.S. 47:650, is hereby enacted to read as follows:8 CHAPTER 5. TOURISM-BASED ECONOMIC DEVELOPMENT PROGRAM9 ยง650. Tourism-based Economic Development Program10 A. Purpose. The legislature hereby recognizes the importance of11 tourism as an economic driver, generating tax revenue and creating jobs in the12 state, and hereby provides an incentive to incrementally increase the number13 of visitors to the state.14 B. Contracts. The secretary of the Department of Economic15 Development is authorized to enter into contracts with businesses agreeing to16 undertake activities to incrementally increase the number of visitors to the state17 SB NO. 163 SLS 13RS-458 ORIGINAL Page 2 of 3 Coding: Words which are struck through are deletions from existing law; words in boldface type and underscored are additions. by at least one hundred thousand per year. The contract shall provide an1 incentive to the business based upon the actual number of the incremental2 increase in visitors, as certified by the secretary of the Department of Economic3 Development.4 C. Incentive payments. The incentive shall be paid in the form of a5 refundable tax credit against corporate income and corporate franchise taxes.6 Any excess of allowable credit provided by this Section over the tax liabilities7 against which such credit may be applied shall constitute an overpayment as8 defined in R.S. 47:1621(A), and the secretary of the Department of Revenue9 shall make a refund of such overpayment from the current collections of taxes10 imposed under this Title.11 D. Rules. The Department of Economic Development may promulgate12 rules in accordance with the Administrative Procedure Act to establish business13 eligibility and project qualifications for this program, and any other matter14 necessary to carry out the purposes of this Section.15 The original instrument and the following digest, which constitutes no part of the legislative instrument, were prepared by Angela L. De Jean. DIGEST Proposed law provides that the legislature hereby recognizes the importance of tourism as an economic driver, generating tax revenue and creating jobs in the state, and hereby provides an incentive to incrementally increase the number of visitors to the state. Proposed law provides that the secretary of the DED is authorized to enter into contracts with businesses agreeing to undertake activities to incrementally increase the number of visitors to the state by at least 100,000 per year. Proposed law provides that the contract shall provide an incentive to the business based upon the actual number of the incremental increase in visitors, as certified by the secretary of the DED. Proposed law provides that the incentive shall be paid in the form of a refundable tax credit against corporate income and corporate franchise taxes. Any excess of allowable credit provided by proposed law over the tax liabilities against which such credit may be applied shall constitute an overpayment as defined in present law, and the secretary of the DOR shall make a refund of such overpayment from the current collections of taxes imposed under proposed law. Proposed law provides that the DED may promulgate rules in accordance with the APA to establish business eligibility and project qualifications for this program, and any other matter necessary to carry out the purposes of proposed law. SB NO. 163 SLS 13RS-458 ORIGINAL Page 3 of 3 Coding: Words which are struck through are deletions from existing law; words in boldface type and underscored are additions. Effective August 1, 2013. (Adds R.S. 47:650)