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 55 Reengrossed 2016 First Extraordinary Session Leger
Abstract: Requires corporations to add-back otherwise deductible interest expenses, costs, and
management fees incurred in connection with transactions with one or more related members
for purposes of calculating corporate income tax liability.
Proposed law provides that for purposes of computing a corporation's La. net income, a corporation
shall add-back otherwise deductible interest expenses and costs, intangible expenses and costs, and
management fees directly or indirectly paid, accrued, incurred, or in connection with one or more
direct or indirect transactions, with one or more related members. However, to the extent a
corporation shows that the corresponding item of income was, either subject to a tax based on or
measured by the related member's net income in La. or any other state, or was subject to a tax based
on or measured by the related member's net income by a foreign nation, that item of income would
not be required to be added-back.
Proposed law defines "subject to a tax based on or measured by the related member's net income"
as the receipt of payment by the recipient related member that is reported and included in income for
purposes of a tax on net income, and not offset or eliminated in a combined or consolidated return
which includes the payor. Any portion of an item of income not attributed to the taxing jurisdiction,
as determined by that jurisdiction's allocation and apportionment methodology, shall not be
considered subject to a tax.
Proposed law adds provisions for when the adjustments required in proposed law shall not apply,
such as if a corporation establishes that the transaction giving rise to the interest expenses and costs,
the intangible expenses and costs, or management fees between the corporation and the related
member did not have as a principal purpose the avoidance of any La. income tax.
Proposed law exempts from the mandatory adjustments that portion of interest expenses and costs,
intangible expenses and costs, and management fees that the corporation establishes was paid or
incurred by the related member during the same taxable year to a person that is not a related member.
Effective upon signature of governor or lapse of time for gubernatorial action.
Applicable to all tax years beginning on and after Jan. 1, 2016.
(Adds R.S. 47:287.82)
Summary of Amendments Adopted by House The Committee Amendments Proposed by House Committee on Ways and Means to the original
bill:
1. Delete requirement that adjustments to the deductions be made unless the corporation
and the secretary agree in writing to the application or use of alternative adjustments and
computations.
The House Floor Amendments to the engrossed bill:
1. Add an effective date to proposed law of upon signature of the governor.