Louisiana 2015 2015 Regular Session

Louisiana House Bill HB432 Introduced / Bill

                    HLS 15RS-1232	ORIGINAL
2015 Regular Session
HOUSE BILL NO. 432
BY REPRESENTATIVE JACKSON
TAX CREDITS:  Provides for the carryforward rather than the refund of the tax credit for
ad valorem taxes paid for certain natural gas
1	AN ACT
2To amend and reenact R.S. 47:6006(A) and (B), relative to income and corporation franchise
3 tax credits; to provide with respect to the tax credit for ad valorem taxes paid on
4 certain natural gas; to provide with respect to authorization for issuance of refunds
5 for tax credits which exceed taxpayer tax liability; to provide for certain limitations;
6 to provide for effectiveness; and to provide for related matters.
7Be it enacted by the Legislature of Louisiana:
8 Section 1.  R.S. 47:6006(A) and (B) are hereby amended and reenacted to read as
9follows: 
10 ยง6006.  Tax credits for local inventory taxes paid
11	A.(1)  There shall be allowed a credit against any Louisiana income or
12 corporation franchise tax for ad valorem taxes paid to political subdivisions on
13 inventory held by manufacturers, distributors, and retailers and.
14	(2) There shall be allowed a credit against any Louisiana income or
15 corporation franchise tax for ad valorem taxes paid to political subdivisions on
16 natural gas held, used, or consumed in providing natural gas storage services or
17 operating natural gas storage facilities.
18	B.  Credit for taxes paid by corporations shall be applied to state corporate
19 income and corporation franchise taxes.  Credit for taxes paid by unincorporated
20 persons shall be applied to state personal income taxes.  The taxpayer shall be
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CODING:  Words in struck through type are deletions from existing law; words underscored
are additions. HLS 15RS-1232	ORIGINAL
HB NO. 432
1 entitled to a refund for any allowable credit authorized pursuant to Paragraph (1) of
2 Subsection (A) which exceeds the aggregate tax liability of the taxpayer for the taxes
3 imposed by Chapter 1 and Chapter 5 of Subtitle II of this Title.  The secretary shall
4 make such refund to the taxpayer in the amount to which he is entitled from the
5 current collections of the taxes collected pursuant to Chapter 1 and Chapter 5 of such
6 Subtitle II.  If the amount of the credit authorized pursuant to Paragraph (2) of
7 Subsection (A) exceeds the amount of tax liability for the tax year, then any unused
8 credit may be carried forward as a credit against subsequent Louisiana income or
9 corporation franchise tax liability for a period not to exceed five years.
10	*          *          *
11 Section 2.  The provisions of this Act shall be applicable to tax years beginning on
12or after January 1, 2015.
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)]
HB 432 Original 2015 Regular Session	Jackson
Abstract:  Changes the tax credit for ad valorem taxes paid on certain natural gas from a
refundable credit to a credit in which amounts of the credit above the tax liability
may be carried forward and applied against subsequent tax liability for up to five
years.
Present law provides for an income or corporation franchise tax credit for ad valorem taxes
paid to political subdivisions on inventory held by manufacturers, distributors, and retailers
and on natural gas held or consumed in providing natural gas storage services or operating
natural gas storage facilities.  The amount of the credit shall be equal to 100% of the taxes
paid to political subdivisions.
Present law provides that the taxpayer is entitled to a refund for any allowable credit which
exceeds the aggregate tax liability of the taxpayer.  Further requires the Dept. of  Revenue
to refund the excess tax credit amount to the taxpayer from current tax collections. 
Proposed law changes the tax credit as it relates to ad valorem taxes paid on natural gas held
or consumed in providing natural gas storage services or operating natural gas storage
facilities from a refundable credit to one in which credit amounts which exceed taxpayer
liability may be carried forward against subsequent income or corporation franchise tax
liability for up to five years.
Applicable to tax years beginning on or after Jan. 1, 2015.
(Amends R.S. 47:6006(A) and (B))
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CODING:  Words in struck through type are deletions from existing law; words underscored
are additions.