HLS 15RS-838 ORIGINAL
2015 Regular Session
HOUSE BILL NO. 799
BY REPRESENTATIVE JAY MORRIS
TAX CREDITS: Provides for the carry forward rather than the refund of the tax credit for
solar energy systems
1 AN ACT
2To amend and reenact R.S. 47:6030(F), relative to income tax credits; to provide with
3 respect to the tax credit for solar energy systems; to provide with respect to
4 authorization for issuance of refunds for tax credits which exceed taxpayer tax
5 liability; to provide for certain limitations; to provide for effectiveness; and to
6 provide for related matters.
7Be it enacted by the Legislature of Louisiana:
8 Section 1. R.S. 47:6030(F) is hereby amended and reenacted to read as follows:
9 ยง6030. Solar energy systems tax credit
10 * * *
11 F. Notwithstanding any other provision of law to the contrary, any excess of
12 allowable credit over the aggregate tax liabilities against which such credit may be
13 applied, as provided in this Section, shall constitute an overpayment, as defined in
14 R.S. 47:1621(A), and the secretary shall make a refund of such overpayment from
15 the current collections of the taxes imposed by Chapter 1, Chapter 2, Chapter 2-A,
16 Chapter 2-B, or Chapter 5 of Subtitle II of this Title, together with interest as
17 provided in R.S. 47:1624. The right to a credit or refund of any such overpayment
18 shall not be subject to the requirements of R.S. 47:1621(B). If the amount of the
19 credit exceeds the amount of tax liability for the tax year, then any unused credit may
20 be carried forward as a credit against subsequent income tax for a period not to
21 exceed five years. All credits and refunds, together with interest thereof, must be
22 paid or disallowed within one year of receipt by the secretary of any such claim for
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions. HLS 15RS-838 ORIGINAL
HB NO. 799
1 refund or claim for a credit. Failure of the secretary to pay or disallow, in whole or
2 in part, any claim for a credit or a refund shall entitle the aggrieved taxpayer to
3 proceed with the remedies provided in R.S. 47:1625.
4 * * *
5 Section 2. The provisions of this Act shall be applicable to tax years beginning on
6or 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 799 Original 2015 Regular Session Jay Morris
Abstract: Changes the tax credit for the cost of purchase and installation of certain solar
energy systems 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 tax credit for the cost of purchase and installation of a
solar electric system or a solar thermal system at a single-family residence in this state. The
credit is allowed for newly constructed homes with a system already installed or for a system
purchased and installed at an existing home.
Present law provides that the amount of the credit for a system purchased and installed at a
newly constructed or existing home shall be equal to 50% of the first $25,000 of the cost of
a system purchased and installed on or after Jan. 1, 2008, but before Jan. 1, 2018. The
amount of the credit for leased systems ranges from 50% to 38% of the first $25,000 of the
cost of purchase of the system depending on the date the system is installed.
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 and to pay
or disallow claims for credits, refunds, and interest within one year of receiving a tax credit
or refund claim.
Proposed law changes the tax credit 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. Proposed law removes references to
refunds and interest from the requirement that the secretary pay tax credit amounts within
one year of receipt of the tax credit claim.
Present law prohibits credits from being issued for systems installed after Dec. 31, 2017.
Proposed law retains present law.
Applicable to tax years beginning on or after Jan. 1, 2015.
(Amends R.S. 47:6030(F))
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions.