Requires corporations subject to Louisiana income or franchise tax which have either corporate gross revenues everywhere of $8 billion or $8 million of assets everywhere to file combined returns and limits their NOL deduction to 50% of tax liability. (gov sig) (EG INCREASE GF RV See Note)
Impact
The implications of SB 269 are considerable, as it requires corporations and their affiliates to collectively report their financial data, including income and losses, thereby enabling a more accurate assessment of each entity's tax contributions. This requirement seeks to reduce tax avoidance strategies that may arise from corporate structuring. Furthermore, the bill limits the deduction of net operating losses to 50% of the tax liability for returns filed after July 1, 2015, which could impact corporations' financial planning strategies significantly.
Summary
Senate Bill 269 introduces significant changes to the corporate taxation framework in Louisiana by mandating specific corporations to file combined returns. The bill specifically targets corporations with gross revenues of $8 billion or more, or those with $8 million in assets, if they are part of a 'unitary business'. This shift aims to enhance transparency in corporate tax reporting and potentially increase state revenue from corporate taxes registered within Louisiana.
Sentiment
The sentiment surrounding SB 269 appears varied among stakeholders. Supporters, including some fiscal conservatives and tax reform advocates, see the bill as a way to streamline the tax collection process and close loopholes that benefit larger corporate entities at the taxpayer's expense. In contrast, detractors may express concerns about compliance burdens on smaller affiliates and potential negative ramifications for businesses that operate with thinner margins due to tighter financial conditions imposed by new reporting requirements.
Contention
Notable points of contention include the definitions and criteria surrounding what constitutes a 'unitary business' and how this affects smaller corporations that may not have the internal resources to handle combined reporting. The bill's requirement for greater disclosures and information filing could lead to debates about privacy and corporate autonomy, particularly for smaller entities who might find these requirements overreaching. As such, the legislative discussions have highlighted a critical dialogue about balancing state revenue needs with business operational flexibility.
Authorizes the secretary of the Department of Revenue's authority to add back certain deductible expenses of corporations subject to Louisiana income or franchise tax which have either corporate gross revenues everywhere of $8 billion or $8 million of assets everywhere in order to calculate the corporation's income. (gov sig) (OR INCREASE GF RV See Note)
Requires pro forma income tax returns relative to the potential for the use of a combined unitary reporting system as a method of income apportionment (EG NO IMPACT GF RV See Note)
Phases-out the corporation income and franchise taxes and reduces the amount of exemptions, deductions, and credits that may be claimed to reduce corporate income and franchise tax liability (OR DECREASE GF RV See Note)
Provides the method of calculating taxable income derived from broadcasting film and radio programming which is attributable to activity in La. (EN SEE FISC NOTE GF RV See Note)
Provides relative to the apportionment ratio for purposes of computing corporate income tax and provides for the sourcing of sales (Item #44) (EN INCREASE GF RV See Note)
Requires pro forma income tax returns relative to the potential for the use of a combined unitary reporting system as a method of income apportionment (EG NO IMPACT GF RV See Note)