HLS 162ES-43 ORIGINAL 2016 Second Extraordinary Session HOUSE BILL NO. 32 BY REPRESENTATIVE MONTOUCET TAX CREDITS: Reduces the amount of certain income and corporation franchise tax credits (Item #36) 1 AN ACT 2To amend and reenact R.S. 25:1226.4(C)(1) and (2), R.S. 47:34(B)(1), 35(C), 37(C), 227, 3 265, 287.664, 287.748(B)(1), 287.749(B)(1), 287.752(B)(1), 287.753(C), 4 287.755(C), 287.758(B), 287.759(A) and (C)(3), 297(A), (B), (C)(1), (D)(2), (F), 5 (G)(2), (H)(1), (I)(2), (J)(4), (K)(2)(a), (L)(3)(introductory paragraph), (M)(1), 6 (N)(1)(introductory paragraph) and (2), and (P)(2), 297.6(A)(1) and (5), 297.9(A), 7 6004(A)(2)(introductory paragraph), 6005(C)(1) and (D)(1), 6008(A), 6009(D)(1), 8 6012(B), 6013(A), 6017(A), 6018(C), 6023(C)(1)(b) and (3)(introductory 9 paragraph), 6025(A)(1), 6026(D)(2) and (3), 6032(C) and (F), 10 6034(C)(1)(a)(iii)(bb)(introductory paragraph), (c)(ii), (d)(ii), 6035(C)(1) and (D), 11 6036(C)(1)(b) and (I)(2)(a)(i), and 6037(B)(1) and (2)(b), (c), and (d), and R.S. 12 51:1807(C), 2354(B), 2399.3(A)(2), and 3085(B)(1)(a) and to enact R.S. 13 47:6023(C)(1)(c) and 6034(C)(1)(a)(iii)(cc) and (dd), (c)(iii) and (iv), and (d)(iii) and 14 (iv) and R.S. 51:2354(C) and (D), relative to income and corporate franchise tax 15 credits provisions of Act No. 125 of the 2015 Regular Session; to reduce the amount 16 of tax credits; to provide for applicability and an effective date; and to provide for 17 related matters. 18Be it enacted by the Legislature of Louisiana: 19 Section 1. R.S. 25:1226.4(C)(1) and (2) are hereby amended and reenacted to read 20as follows: Page 1 of 40 CODING: Words in struck through type are deletions from existing law; words underscored are additions. HLS 162ES-43 ORIGINAL HB NO. 32 1 §1226.4. Tax exemptions and credits 2 * * * 3 C.(1) Whenever the governor finds that a concern satisfies the requirements 4 of this Part and the criteria established by rule, he shall advise the commerce board 5 that it may enter into a contract with such cottage industry for a tax credit of up to 6 one thousand two hundred seven hundred fifty dollars that may be used against the 7 tax liability for state income and corporation franchise taxes related to the operations 8 of the cottage industry within the development zone. 9 (2) In addition to those tax credits provided for in Paragraph (1) of this 10 Subsection, the board may also enter into contracts with eligible cottage industries 11 for a one thousand two hundred seven hundred fifty dollar tax credit per new 12 employee hired during the taxable year for which the credit is claimed. In order to 13 qualify for this credit, the applicant must have net new hires of one full-time 14 employee or two part-time employees. A full-time employee is a person employed 15 for at least thirty-two hours per week. A part-time employee is a person employed 16 for at least twenty hours per week but less than thirty-two hours a week. In order to 17 qualify as a new hire for purposes of this credit, the employee must have been a 18 resident of the heritage area development zone for at least thirty days prior to 19 employment. The credit may be applied to any state income tax liability or any state 20 corporate franchise tax liability, but not liabilities for penalty or interest due or 21 outstanding at the time the credit is generated. This credit shall be applicable only 22 to a position that did not previously exist in the business and that is filled by a 23 resident of the development zone who is performing duties in connection with the 24 operation of the business as a regular, full-time employee. 25 * * * 26 Section 2. R.S. 47:34(B)(1), 35(C), 37(C), 227, 265, 287.664, 287.748(B)(1), 27287.749(B)(1), 287.752(B)(1), 287.753(C), 287.755(C), 287.758(B), 287.759(A) and (C)(3), 28297(A), (B), (C)(1), (D)(2), (F), (G)(2), (H)(1), (I)(2), (J)(4), (K)(2)(a), (L)(3)(introductory 29paragraph), (M)(1), (N)(1)(introductory paragraph) and (2), and (P)(2), 297.6(A)(1) and (5), Page 2 of 40 CODING: Words in struck through type are deletions from existing law; words underscored are additions. HLS 162ES-43 ORIGINAL HB NO. 32 1297.9(A), 6004(A)(2)(introductory paragraph), 6005(C)(1) and (D)(1), 6008(A), 6009(D)(1), 26012(B), 6013(A), 6017(A), 6018(C), 6023(C)(1) and (3)(introductory paragraph), 36026(D)(2) and (3), 6032(C) and (F), 6034(C)(1)(a)(iii)(bb)(introductory paragraph), (c)(ii), 4and (d)(ii), 6035(C)(1) and (D), 6036(C)(1)(b) and (I)(2)(a)(i), and 6037(B)(1) and (2)(b), 5(c), and (d) are hereby amended and reenacted and R.S.47:6034(C)(1)(a)(iii)(cc), (c)(iii), and 6(d)(iii) are hereby enacted to read as follows: 7 §34. Corporation tax credit 8 * * * 9 B.(1) The credit shall be a portion of the state corporate income tax, but not 10 in excess of thirty-six twenty-five percent of such tax. Such portion shall be an 11 amount determined by multiplying the number of new employees, as defined in 12 Subsection C of this Section, by the following amounts: 13 (a) seventy-two Fifty dollars per eligible new employee per taxable year. 14 (b) one hundred forty-four One hundred dollars per eligible new 15 economically disadvantaged employee per taxable year. 16 (c) one hundred sixty-two One hundred twelve dollars and fifty cents per 17 new employee who is a resident of a neighborhood with an unemployment rate of ten 18 percent or more per taxable year. 19 * * * 20 §35. Neighborhood assistance tax credit 21 * * * 22 C. The division of administration shall grant a tax credit against the state 23 corporate income tax liability. A tax credit of up to fifty thirty-five percent of the 24 actual amount contributed may be allowed for investment in programs approved by 25 the commissioner of administration. Such credit for any corporation shall not exceed 26 one hundred eighty one hundred twenty-five thousand dollars annually. No tax 27 credit shall be granted to any bank, bank and trust company, insurance company, 28 trust company, national bank, savings association, or building and loan association 29 for activities that are a part of its normal course of business. Any tax credit not used Page 3 of 40 CODING: Words in struck through type are deletions from existing law; words underscored are additions. HLS 162ES-43 ORIGINAL HB NO. 32 1 in the period the investment was made may be carried over for the next five 2 succeeding taxable periods until the full credit has been allowed. 3 * * * 4 §37. Tax credit for contributions to educational institutions 5 * * * 6 C. There shall be allowed a credit against the tax liability due under the 7 income tax for donations, contributions, or sales below cost of tangible movable 8 property made to educational institutions in the state of Louisiana. The credit 9 allowed by this Section shall be computed at the rate of twenty-nine twenty percent 10 of such property's value, as defined herein, or, in the case of a sale below cost, 11 twenty-nine twenty percent of the difference between the price received for the 12 tangible movable property by the taxpayer and the value of the property as defined 13 herein. The credit shall be limited to the total of the tax liability for the taxable year 14 for which it is being claimed and shall be in lieu of the deductions from gross income 15 provided for in R.S. 47:57. The credit shall not be allowed if the taxpayer arbitrarily, 16 capriciously, or unreasonably discriminates against any person because of race, 17 religion, ideas, beliefs, or affiliations. 18 * * * 19 §227. Offset against tax 20 Every insurance company shall be entitled to an offset against any tax 21 incurred under this Chapter, in the amount of any taxes, based on premiums, 22 paid by it during the preceding twelve months, by virtue of any law of this 23 state. Beginning on and after July 1, 2015, and before January 1, 2016, the 24 offset shall be equal to seventy-two percent of the amount of any taxes, based 25 on premiums. Beginning on and after January 1, 2016, the offset shall be 26 equal to fifty percent of the amount of any taxes, based on premiums. 27 * * * 28 §265. Credits arising from refunds by utilities Page 4 of 40 CODING: Words in struck through type are deletions from existing law; words underscored are additions. HLS 162ES-43 ORIGINAL HB NO. 32 1 Whenever a utility refunds to its customers, pursuant to an order of a court 2 or regulatory agency as a result of the denial of a proposed rate increase, an amount 3 or amounts which, if taken as a deduction from gross income in the year paid or 4 accrued, would result in a net loss, then in lieu of such deduction the utility may elect 5 to take a credit against its Louisiana income tax in the amount of seventy-two fifty 6 percent of the income tax increase which was the sole result of the inclusion of the 7 amount or amounts refunded in gross income in the year or years received 8 irrespective of whether or not the period of limitation provided in R.S. 47:1623 has 9 expired for the year in which the amount refunded was included in gross income. If 10 this credit exceeds the income tax that would be due the State of Louisiana in the 11 year of the refund, computed without the credit, then the excess of this credit may 12 be carried over the following two taxable years. 13 * * * 14 §287.664. Credits arising from refunds by utilities 15 Whenever a utility refunds to its customers, pursuant to an order of a court 16 or regulatory agency as a result of the denial of a proposed rate increase, an amount 17 or amounts which, if taken as a deduction from gross income in the year paid or 18 accrued, would result in a net loss, then in lieu of such deduction the utility may elect 19 to take a credit against its Louisiana income tax in the amount of seventy-two fifty 20 percent of the income tax increase which was the sole result of the inclusion of the 21 amount or amounts refunded in gross income in the year or years received 22 irrespective of whether or not the period of limitation provided in R.S. 47:1623 has 23 expired for the year in which the amount refunded was included in gross income. If 24 this credit exceeds the income tax that would be due the state of Louisiana in the year 25 of the refund, computed without the credit, then the excess of this credit may be 26 carried over the following two taxable years. 27 * * * 28 §287.748. Corporation tax credit; re-entrant jobs credit 29 * * * Page 5 of 40 CODING: Words in struck through type are deletions from existing law; words underscored are additions. HLS 162ES-43 ORIGINAL HB NO. 32 1 B.(1) The credit shall be one hundred eight seventy-five dollars per eligible 2 re-entrant employed, as defined in Subsection C hereof, but shall not exceed thirty- 3 six twenty-five percent of corporate income tax. 4 * * * 5 §287.749. Jobs credit 6 * * * 7 B.(1) The credit shall be a portion of the state corporate income tax, but shall 8 not exceed thirty-six twenty-five percent of such tax. Such portion shall be an 9 amount determined as follows: 10 (a) seventy-two Fifty dollars per eligible new employee per taxable year. 11 (b) One hundred forty-four One hundred dollars per eligible new 12 economically disadvantaged employee per taxable year. 13 (c) One hundred sixty-two One hundred twelve dollars and fifty cents per 14 new employee who is a resident of a neighborhood with an unemployment rate of ten 15 percent or more per taxable year. 16 * * * 17 §287.752. Tax credit for employment of first-time nonviolent offenders 18 * * * 19 B.(1) The credit shall be one hundred forty-four one hundred dollars per 20 taxable year per eligible employee. 21 * * * 22 §287.753. Neighborhood assistance tax credit 23 * * * 24 C. The division of administration or its successor shall grant a tax credit 25 against the state corporation income tax as provided in this Section. A tax credit of 26 up to fifty thirty-five percent of the actual amount contributed may be allowed for 27 investment in programs approved by the commissioner of administration or his 28 successor. Such credit for any corporation shall not exceed one hundred eighty one 29 hundred twenty-five thousand dollars annually. No tax credit shall be granted to any Page 6 of 40 CODING: Words in struck through type are deletions from existing law; words underscored are additions. HLS 162ES-43 ORIGINAL HB NO. 32 1 bank, bank and trust company, insurance company, trust company, national bank, 2 savings association, or building and loan association for activities that are a part of 3 its normal course of business. Any tax credit not used in the period the investment 4 was made may be carried over for the next five succeeding taxable periods until the 5 full credit has been allowed. 6 * * * 7 §287.755. Tax credit for contributions to educational institutions 8 * * * 9 C. There shall be allowed a credit against the tax liability due under the 10 income tax for donations, contributions, or sales below cost of tangible movable 11 property made to educational institutions in the state of Louisiana. The credit 12 allowed by this Section shall be computed at the rate of twenty-nine twenty percent 13 of such property's value, as defined herein, or, in the case of a sale below cost, 14 twenty-nine twenty percent of the difference between the price received for the 15 tangible movable property by the taxpayer and the value of the property as defined 16 herein. The credit shall be limited to the total of the tax liability for the taxable year 17 for which it is being claimed and shall be in lieu of the deductions from gross income 18 provided for in R.S. 47:57. The credit shall not be allowed if the taxpayer arbitrarily, 19 capriciously, or unreasonably discriminates against any person because of race, 20 religion, ideas, beliefs, or affiliations. 21 * * * 22 §287.758. Tax credit for bone marrow donor expense 23 * * * 24 B. A credit against the taxes otherwise due under this Part for the tax year 25 is allowed to an employer. The amount of the credit is equal to eighteen twelve and 26 one-half percent of the bone marrow donor expense paid or incurred during the tax 27 year by an employer to provide a program for employees who are potential or who 28 actually become bone marrow donors. 29 * * * Page 7 of 40 CODING: Words in struck through type are deletions from existing law; words underscored are additions. HLS 162ES-43 ORIGINAL HB NO. 32 1 §287.759. Tax credit for employee and dependent health insurance coverage 2 A. When any contractor or subcontractor in the letting of any contract for the 3 construction of a public work offers health insurance coverage as provided for in this 4 Section, they shall be eligible for a three and six tenths two and one-half percent 5 income tax credit on forty percent of the amount of the contract received in a tax year 6 if eighty-five percent of the full-time employees of each contractor are offered health 7 insurance coverage and each such general contractor or subcontractor pays seventy- 8 five percent of the total premium for such health insurance coverage for each full- 9 time employee who chooses to participate and pays not less than fifty percent of the 10 total premium for health insurance coverage for each dependent of the full-time 11 employee who elects to participate in dependent coverage. 12 * * * 13 C. 14 * * * 15 (3) The credit shall not exceed two million one hundred sixty one million 16 five hundred thousand dollars per year. 17 * * * 18 §297. Reduction to tax due 19 A. The tax determined as provided in this Part shall be reduced by seventy- 20 two fifty dollars for any taxpayer, taxpayer's spouse, or dependent who is deaf, blind, 21 mentally incapacitated, or has lost the use of one or more limbs. Only one credit is 22 allowed for any one person. 23 B. The tax determined as provided in this Part shall be reduced by the 24 following: a credit for the elderly, a credit for contributions to candidates for public 25 office, an investment credit, a credit for foreign tax, a work incentive credit, jobs 26 credit, and residential energy credits. The amount of these credits shall be the lesser 27 of eighteen dollars or seven and two tenths of one percent twelve dollars and fifty 28 cents or five percent of the same credits allowed on the federal income tax return for 29 the same taxable period. Page 8 of 40 CODING: Words in struck through type are deletions from existing law; words underscored are additions. HLS 162ES-43 ORIGINAL HB NO. 32 1 C.(1) There shall be allowed to an individual, as a credit against the tax 2 imposed by this Chapter for the taxable year, an amount equal to seventy-two fifty 3 percent of the state gasoline and motor fuels taxes and special fuels taxes paid to 4 operate or propel a commercial fishing boat. The credit shall not be allowed for any 5 such taxes for which a refund has been claimed pursuant to the provisions of Part 6 VIII of Chapter 18 of this Subtitle. 7 * * * 8 D. In addition to any other credits against the tax payable on net income 9 which the law allows to an individual taxpayer, the taxpayer shall be entitled to the 10 tax credit against the tax payable on net income provided for as follows: 11 * * * 12 (2) Any taxpayer who so qualifies shall be entitled to a maximum tax credit 13 of eighteen twelve dollars and fifty cents per child for educational expenses. 14 * * * 15 F. There shall be allowed to an individual, as a credit against the tax imposed 16 by this Chapter for the taxable year, an amount equal to twenty-four sixteen and two- 17 thirds of one percent of the amount contributed in a family responsibility program 18 under the provisions of R.S. 46:449. The amount of this credit shall not exceed one 19 hundred forty-four one hundred dollars per year. 20 G. There shall be an environmental equipment purchase tax credit to be 21 determined as follows: 22 * * * 23 (2) The tax credit shall be fourteen and four tenths ten percent of the 24 purchase price of the equipment if paid for in a single taxable year. If the equipment 25 purchase is financed over two or more taxable years, the tax credit in a taxable year 26 shall be fourteen and four tenths ten percent of that portion of the original purchase 27 price paid in that taxable year. For partnerships and Subchapter S Corporations, the 28 tax credit shall proportionately pass through to each partner or shareholder in the Page 9 of 40 CODING: Words in struck through type are deletions from existing law; words underscored are additions. HLS 162ES-43 ORIGINAL HB NO. 32 1 same percentage in which other shares of income, gain, loss, deduction or credit are 2 distributed in accordance with the partnership or shareholder agreement. 3 * * * 4 H.(1) The tax determined as provided in this Part shall be reduced by the 5 lesser of the tax due or three thousand six hundred two thousand five hundred dollars 6 per taxable year up to a maximum of five years for each taxpayer meeting all of the 7 following criteria. 8 * * * 9 I. There shall be a bone marrow donor expense tax credit for any individual 10 taxpayer required to file a Louisiana tax return, acting as a business entity authorized 11 to do business in the state, operating as either a sole proprietorship, a partner in a 12 partnership, or as a Subchapter S Corporation, for bone marrow donor expense to be 13 determined as follows: 14 * * * 15 (2) A credit against the taxes otherwise due under this Part for the tax year 16 is allowed to an employer. The amount of the credit is equal to eighteen twelve and 17 one-half percent of the bone marrow donor expense paid or incurred during the tax 18 year by an employer to provide a program for employees who are potential bone 19 marrow donors or who actually become bone marrow donors. 20 * * * 21 J. 22 * * * 23 (4) The amount of the credit per tax year is equal to the least of the tax due, 24 or seventy-two fifty percent of the educational expenses, or five hundred forty three 25 hundred seventy-five dollars. 26 K. 27 * * * 28 (2)(a) The credit shall be one hundred forty-four one hundred dollars per 29 taxable year per eligible employee. Page 10 of 40 CODING: Words in struck through type are deletions from existing law; words underscored are additions. HLS 162ES-43 ORIGINAL HB NO. 32 1 * * * 2 L. 3 * * * 4 (3) The total amount of the credit shall be the lesser of seventy-two fifty 5 percent of the purchase price including applicable taxes paid by the taxpayer or 6 seventy-two fifty dollars. In order to claim the tax credit provided in this Subsection, 7 the qualified taxpayer must submit a certification from his employer that: 8 * * * 9 M.(1) There shall be allowed a credit against the individual income tax for 10 amounts paid as premiums for eligible long-term care insurance. The amount of the 11 credit shall be equal to seven five percent of the total amount of premiums paid 12 annually by each individual claiming the credit. 13 * * * 14 N.(1) There shall be allowed a credit against individual income tax due in 15 a taxable year equal to seventy-two fifty percent of the following amounts incurred 16 by a taxpayer during his tax year if related to the taxpayer's travel or absence from 17 work because of a living organ donation by the taxpayer or the taxpayer's spouse: 18 * * * 19 (2) The credit provided for by this Section shall not exceed seven thousand 20 two hundred five thousand dollars per organ donation. It shall be allowed against the 21 income tax for the taxable period in which the credit is earned. If the tax credit 22 exceeds the amount of such taxes due, then any unused credit may be carried forward 23 as a credit against subsequent tax liability for a period not to exceed ten years. 24 * * * 25 P. 26 * * * 27 (2) The amount of the credit shall be seven hundred twenty five hundred 28 dollars, or seventy-two fifty percent of the total tax liability of the taxpayer, 29 whichever is less. The credit shall be taken in the taxable year in which the Page 11 of 40 CODING: Words in struck through type are deletions from existing law; words underscored are additions. HLS 162ES-43 ORIGINAL HB NO. 32 1 construction of the dwelling is completed. Only one tax credit may be granted per 2 dwelling. 3 * * * 4 §297.6. Reduction to tax due; rehabilitation of residential structures 5 A.(1) There shall be a credit against individual income tax liability due under 6 this Title for the amount of eligible costs and expenses incurred during the 7 rehabilitation of an owner-occupied residential or owner-occupied mixed use 8 structure located in a National Register Historic District, a local historic district, a 9 Main Street District, a cultural products district, or a downtown development district, 10 or such owner-occupied residential structure that has been listed or is eligible for 11 listing on the National Register, or such structure that has been certified by the State 12 Historic Preservation Office as contributing to the historical significance of the 13 district, or a vacant and blighted owner-occupied residential structure located 14 anywhere in the state that is at least fifty years old. The tax credit authorized 15 pursuant to this Section shall be limited to one credit per structure rehabilitated. The 16 total credit shall not exceed eighteen thousand five hundred twelve thousand five 17 hundred dollars per structure. In order to qualify for that credit, the rehabilitation 18 costs for the structure must exceed ten thousand dollars. 19 (a) If the credit is for the rehabilitation of an owner-occupied residential 20 structure, the credit shall be eighteen and one-half of one twelve and one-half percent 21 of the eligible costs and expenses of a rehabilitation for which an application for 22 credit has been filed for the first time after July 1, 2011. If the residential structure 23 is owned and occupied by two or more individuals, the applicable percentage shall 24 be based on the sum of all owner-occupants who contribute to the rehabilitation, and 25 the credit will be divided between the owner-occupants in proportion to their 26 contribution to the eligible costs and expenses. 27 (b) If the credit is for the rehabilitation of a vacant and blighted owner- 28 occupied residential structure that is at least fifty years old, the credit shall be thirty- Page 12 of 40 CODING: Words in struck through type are deletions from existing law; words underscored are additions. HLS 162ES-43 ORIGINAL HB NO. 32 1 six twenty-five percent of the eligible costs and expenses of a rehabilitation for 2 which an application for credit has been filed for the first time after July 1, 2011. 3 * * * 4 (5) The maximum amount of tax credits allowed by the State Historic 5 Preservation Office to be granted in any calendar year shall not exceed seven million 6 two hundred thousand five million dollars. The granting of credits under this Section 7 shall be on a first-come, first-served basis. If the total amount of credits applied for 8 in any particular year exceeds the aggregate amount of tax credits allowed for that 9 year, the excess will be treated as having been applied for on the first day of the 10 subsequent year. 11 * * * 12 §297.9. Reduction to tax due; amounts paid by certain military servicemembers and 13 dependents for certain hunting and fishing licenses 14 A. There shall be a credit against individual income tax liability due under 15 this Part for seventy-two fifty percent of the amounts paid by an active or reserve 16 military servicemember, or the spouse or dependent of such servicemember, for 17 obtaining a Louisiana noncommercial hunting or fishing license for themselves or 18 their spouses and dependents. 19 * * * 20 §6004. Employer credit 21 A. 22 * * * 23 (2) The credit shall be five hundred forty three hundred seventy-five dollars 24 and shall be allowed against the income tax for the taxable period during which the 25 new employee has completed one year of full-time service with the taxpayer or 26 against the corporation franchise tax for the taxable period following the taxable 27 period during which the new employee has completed one year of full-time service 28 with the taxpayer. Only one tax credit shall be allowed for: 29 * * * Page 13 of 40 CODING: Words in struck through type are deletions from existing law; words underscored are additions. HLS 162ES-43 ORIGINAL HB NO. 32 1 §6005. Qualified new recycling manufacturing or process equipment and service 2 contracts 3 * * * 4 C.(1) A taxpayer who purchases qualified new recycling manufacturing or 5 process equipment or qualified service contracts, or both, as defined in this Section 6 and certified by the secretary of the Department of Environmental Quality to be used 7 or performed exclusively in this state shall be entitled to a credit against any income 8 and corporation franchise taxes imposed by the state in an amount equal to fourteen 9 and four tenths of one ten percent of the cost of the new recycling manufacturing or 10 process equipment or qualified service contract, or both, less the amount of any other 11 tax credits received for the purchase of such equipment or contract, or both. 12 * * * 13 D.(1) The amount of the credit claimed in the taxable period for which 14 certification of equipment is received, and the amount of credit claimed therefor in 15 each taxable period thereafter, shall not exceed twenty percent of the amount of the 16 total credit allowable. In no case shall the credit claimed exceed fifty percent of the 17 tax liability which would be otherwise due for that taxable period. Any unused 18 credit for a taxable year in which a credit is allowed may be carried forward to 19 subsequent years until the credit is exhausted. Total credits certified by the secretary 20 of the Department of Environmental Quality in any calendar year shall not exceed 21 three million six hundred thousand two million five hundred thousand dollars. 22 * * * 23 §6008. Tax credits for donations made to assist playgrounds in economically 24 depressed areas 25 A. There shall be allowed a credit against any Louisiana income or 26 corporation franchise tax for qualified donations made to qualified playgrounds. The 27 credit shall be an amount equal to the lesser of seven hundred twenty dollars or 28 thirty-six one hundredths five hundred dollars or twenty-five one hundredths of the 29 value of the cash, equipment, goods, or services donated. Any such credit shall be Page 14 of 40 CODING: Words in struck through type are deletions from existing law; words underscored are additions. HLS 162ES-43 ORIGINAL HB NO. 32 1 taken as a credit against the applicable tax or taxes only in the taxable period in 2 which the donation is made. The total amount of the credits taken by any taxpayer 3 during any taxable year shall not exceed one thousand five hundred dollars. 4 * * * 5 §6009. Louisiana Basic Skills Training Tax Credit 6 * * * 7 D. Tax credits. (1) Any Louisiana business or industry which satisfies the 8 criteria provided for herein shall, with submission of proper and complete 9 applications, receive a one hundred eighty one hundred twenty-five dollar tax credit 10 per participating employee, with the total of all such basic skills training tax credits 11 not to exceed twenty-one thousand six hundred fifteen thousand dollars for any such 12 single business or industry enterprise in a particular tax year. This tax credit may be 13 applied to any state income tax liability or any state corporation franchise tax 14 liability and, if the entire credit cannot be used in the year earned, the remainder may 15 be applied against income tax or corporation franchise tax liabilities for the 16 succeeding two tax years, or until the entire credit is used, whichever occurs first. 17 * * * 18 §6012. Employer tax credits for donations of materials, equipment, advisors, or 19 instructors 20 * * * 21 B. There shall be a credit against any Louisiana income or corporation 22 franchise tax for the donation of the latest technology available in materials, 23 equipment, or instructors made to public training providers, secondary and 24 postsecondary vocational-technical schools, apprenticeship program registered with 25 the Louisiana Workforce Commission, or community colleges within the state. The 26 credit shall be an amount equal to thirty-six one hundredths twenty five percent of 27 the value of the donated materials, equipment, or services rendered by the instructor. 28 Any such credit shall be taken as a credit against the applicable tax or taxes in the 29 taxable period in which the donation was made. This tax credit, when combined Page 15 of 40 CODING: Words in struck through type are deletions from existing law; words underscored are additions. HLS 162ES-43 ORIGINAL HB NO. 32 1 with all other applicable tax credits, shall not exceed twenty percent of the 2 employer's tax liability for any taxable year. 3 * * * 4 §6013. Tax credits for donations made to public schools 5 A. There shall be allowed a credit against the corporate income tax and the 6 corporation franchise tax for qualified donations made to a public school. The credit 7 shall be an amount equal to twenty-eight and eight tenths twenty percent of the 8 appraised value of the qualified donation. Any such credit shall be taken as a credit 9 against the corporate income or corporation franchise tax for the taxable year in 10 which the donation is made. The total of all such credits taken in a taxable year shall 11 not exceed the total tax liability for that taxable year. 12 * * * 13 §6017. Tax credits for certain expenses paid by economic development corporations 14 A. There shall be allowed a credit against any Louisiana income or 15 corporation franchise taxes for the filing fee paid to the Louisiana State Bond 16 Commission that is incurred by an economic development corporation in the 17 preparation and issuance of bonds, as provided for in Chapter 27 of Title 33 of the 18 Louisiana Revised Statutes of 1950. The credit shall be an amount equal to seventy- 19 two fifty percent of the amount of the filing fee paid to the Louisiana State Bond 20 Commission that is incurred by the corporation in the preparation and issuance of the 21 bonds. 22 * * * 23 §6018. Tax credits for purchasers from "PIE contractors" 24 * * * 25 C. The amount of the credit shall be equal to seventy-two fifty percent of the 26 state sales and use tax paid by the purchaser on each case or other unit of apparel 27 during the purchaser's tax year as reflected on the books and records of the purchaser 28 during his tax year. 29 * * * Page 16 of 40 CODING: Words in struck through type are deletions from existing law; words underscored are additions. HLS 162ES-43 ORIGINAL HB NO. 32 1 §6023. Sound recording investor tax credit 2 * * * 3 C. Investor tax credit; state-certified productions and infrastructure projects. 4 (1) 5 * * * 6 (b) For state-certified productions certified on and after July 1, 2015, and 7 state-certified infrastructure projects which have been applied on or after July 1, 8 2015, and before July 1, 2016, each investor shall be allowed a tax credit of eighteen 9 percent of the base investment made by that investor in excess of fifteen thousand 10 dollars or, if a resident of this state, in excess of five thousand dollars. 11 (c) For state-certified productions certified on and after July 1, 2016, and 12 state-certified infrastructure projects which have been applied on or after July 1, 13 2016, each investor shall be allowed a tax credit of twelve and one-half percent of 14 the base investment made by that investor in excess of fifteen thousand dollars or, 15 if a resident of this state, in excess of five thousand dollars. 16 * * * 17 (3) Except as otherwise provided in this Paragraph, the aggregate amount of 18 credits certified for all investors pursuant to this Section during any calendar year 19 shall not exceed two million one hundred sixty thousand one million five hundred 20 thousand dollars. 21 * * * 22 §6026. Cane River heritage tax credit 23 * * * 24 D. 25 * * * 26 (2) The tax credit authorized by the provisions of this Section shall be for an 27 amount of up to one thousand eighty seven hundred fifty dollars, which may be used 28 against the tax liability for state income and corporation franchise taxes related to the 29 operations of the cottage industry within the development zone. Page 17 of 40 CODING: Words in struck through type are deletions from existing law; words underscored are additions. HLS 162ES-43 ORIGINAL HB NO. 32 1 (3) In addition, the department may also enter into contracts with eligible 2 cottage industries for a one thousand eighty seven hundred fifty dollar tax credit per 3 new employee hired during the taxable year for which the credit is claimed. In order 4 to qualify for this credit, the applicant must have net new hires of one full-time 5 employee or two part-time employees. A full-time employee is a person employed 6 for at least thirty-two hours per week. A part-time employee is a person employed 7 for at least twenty hours per week but less than thirty-two hours a week. In order to 8 qualify as a new hire for purposes of this credit, the employee must have been a 9 resident of the heritage area development zone for at least thirty days prior to 10 employment. The credit may be applied to any state income tax liability or any state 11 corporate franchise tax liability, but shall not be applied to any liabilities for penalty 12 or interest due or outstanding at the time the credit is generated. This credit shall be 13 applicable only to a position that did not previously exist in the business and that is 14 filled by a resident of the development zone who is performing duties in connection 15 with the operation of the business as a regular, full-time employee. 16 * * * 17 §6032. Tax credit for certain milk producers 18 * * * 19 C. Each qualifying taxpayer is eligible for tax credits based on the 20 production and sale of milk below the announced production price over a calendar 21 year in accordance with the following schedule: 22 Amount of Milk Produced: Amount of Tax Credit: 23 Up to 1,000,000 pounds $3,600 $2,500 24 1,000,001 to 1,500,000 pounds $7,200 $5,000 25 1,500,001 to 2,000,000 pounds $10,800 $7,500 26 2,000,001 to 2,500,000 pounds $14,400 $10,000 27 2,500,001 to 3,000,000 pounds $18,000 $12,500 28 3,000,001 pounds and above $21,600 $15,000 29 * * * Page 18 of 40 CODING: Words in struck through type are deletions from existing law; words underscored are additions. HLS 162ES-43 ORIGINAL HB NO. 32 1 F. The credit allowed for each producer pursuant to this Section shall not 2 exceed twenty-one thousand six hundred fifteen thousand dollars per calendar year. 3 The total aggregate amount of tax credits for all producers provided for under this 4 Section shall be capped at one million eight hundred thousand one million two 5 hundred fifty thousand dollars per calendar year. 6 * * * 7 §6034. Musical and theatrical production income tax credit 8 * * * 9 C. Income tax credits for state-certified productions and state-certified 10 musical or theatrical facility infrastructure projects: 11 (1) There is hereby authorized the following types of credits against the state 12 income tax: 13 (a) 14 * * * 15 (iii) 16 * * * 17 (bb) For state-certified projects that receive initial certification on or after 18 July 1, 2015, and before July 1, 2016, and except as limited for state-certified 19 infrastructure projects as provided for in this Subparagraph, the base investment 20 credit shall be for the following amounts: 21 * * * 22 (cc) For state-certified projects that receive initial certification on or after 23 July 1, 2016, and except as limited for state-certified infrastructure projects as 24 provided for in this Subparagraph, the base investment credit shall be for the 25 following amounts: 26 (I) If the total base investment is greater than one hundred thousand dollars 27 and less than or equal to three hundred thousand dollars, a company shall be allowed 28 a tax credit of five percent of the base investment made by that company. Page 19 of 40 CODING: Words in struck through type are deletions from existing law; words underscored are additions. HLS 162ES-43 ORIGINAL HB NO. 32 1 (II) If the total base investment is greater than three hundred thousand dollars 2 and less than or equal to one million dollars, a company shall be allowed a tax credit 3 of ten percent of the base investment made by that company. 4 (III) If the total base investment is greater than one million dollars, a 5 company shall be allowed a tax credit of twelve and one-half percent of the base 6 investment made by that company. 7 * * * 8 (c) 9 * * * 10 (ii) For state-certified musical or theatrical productions that receive an initial 11 certification on or after July 1, 2015, and on or before January 1, 2018 July 1, 2016, 12 an additional tax credit of seventy-two thousandths of one percent of the amount 13 expended to employ students enrolled in Louisiana colleges, universities, and 14 vocational-technical schools in a state- certified musical or theatrical production in 15 arts-related positions, such as an actor, writer, producer, stagehand, or director, or 16 as a technician working on aspects of the production such as lighting, sound, and 17 actual stage work, or working indirectly on the production in accounting, law, 18 management, and marketing. 19 (iii) For state-certified musical or theatrical productions that receive an initial 20 certification on or after July 1, 2016, and on or before July 1, 2018, an additional tax 21 credit of five hundredths of one percent of the amount expended to employ students 22 enrolled in Louisiana colleges, universities, and vocational-technical schools in a 23 state- certified musical or theatrical production in arts-related positions, such as an 24 actor, writer, producer, stagehand, or director, or as a technician working on aspects 25 of the production such as lighting, sound, and actual stage work, or working 26 indirectly on the production in accounting, law, management, and marketing. 27 (d) 28 * * * Page 20 of 40 CODING: Words in struck through type are deletions from existing law; words underscored are additions. HLS 162ES-43 ORIGINAL HB NO. 32 1 (ii) To the extent that base investment is expended on payroll for Louisiana 2 residents employed in connection with a state-certified musical or theatrical 3 production that receives initial certification on or after July 1, 2015, and on or before 4 January 1, 2018 July 1, 2016, except for the students provided for in Subparagraph 5 (c) of this Paragraph, or the construction of a state-certified musical or theatrical 6 facility infrastructure project, a company shall be allowed an additional tax credit of 7 seven and two-tenths of one percent of such payroll; however, if the amount paid to 8 any one person exceeds one million dollars, the additional credit shall not include 9 any amount paid to that person that exceeds one million dollars. 10 (iii) To the extent that base investment is expended on payroll for Louisiana 11 residents employed in connection with a state-certified musical or theatrical 12 production that receives initial certification on or after July 1, 2016, and on or before 13 July 1, 2018, except for the students provided for in Subparagraph (c) of this 14 Paragraph, or the construction of a state-certified musical or theatrical facility 15 infrastructure project, a company shall be allowed an additional tax credit of five 16 percent of such payroll; however, if the amount paid to any one person exceeds one 17 million dollars, the additional credit shall not include any amount paid to that person 18 that exceeds one million dollars. 19 * * * 20 §6035. Tax credit for conversion of vehicles to alternative fuel usage 21 * * * 22 C.(1) The credit provided for in Subsection A of this Section shall be 23 allowed against individual or corporate income tax for the taxable period in which 24 the property is purchased and installed, if applicable, and shall be equal to thirty-six 25 twenty-five percent of the cost of the qualified clean-burning motor vehicle fuel 26 property. 27 * * * 28 D. In cases where no previous credit has been claimed pursuant to 29 Subsection C of this Section for the cost of qualified clean-burning motor vehicle Page 21 of 40 CODING: Words in struck through type are deletions from existing law; words underscored are additions. HLS 162ES-43 ORIGINAL HB NO. 32 1 fuel property in a new motor vehicle purchased by a taxpayer with qualified 2 clean-burning motor vehicle fuel property installed by the vehicle's manufacturer and 3 the taxpayer is unable to, or elects not to determine the exact cost which is 4 attributable to such property, the taxpayer may claim a credit against individual or 5 corporate income tax for the taxable period in which the motor vehicle is purchased 6 equal to seven and two tenths five percent of the cost of the motor vehicle or one 7 thousand five hundred dollars, whichever is less, provided the motor vehicle is 8 registered in this state. 9 * * * 10 §6036. Ports of Louisiana tax credits 11 * * * 12 C. Investor tax credit. (1) 13 * * * 14 (b) The Investor Tax Credit provided for in this Subsection shall be granted 15 by the Department of Economic Development for a qualifying project if the 16 commissioner of administration, after approval of the Joint Legislative Committee 17 on the Budget, and the state bond commission certifies to the secretary of the 18 department that securing the project will result in a significant positive economic 19 benefit to the state. "Significant positive economic benefit" means net positive tax 20 revenue that shall be determined by taking into account direct, indirect, and induced 21 impacts of the project based on a standard economic impact methodology utilized 22 by the commissioner, and the value of the credit, and any other state tax and financial 23 incentives that are used by the department to secure the project. If the commissioner 24 with the approval of the committee so certifies, then the Department of Economic 25 Development may grant a tax credit equal to seventy-two fifty percent of the total 26 capital costs of such qualifying project to be taken at five percent per tax year or 27 shall grant such other amount of tax credit to be taken at such other percentage which 28 is warranted by the significant positive economic benefit determined by the 29 commissioner, but no tax credit granted for a qualifying project shall exceed one Page 22 of 40 CODING: Words in struck through type are deletions from existing law; words underscored are additions. HLS 162ES-43 ORIGINAL HB NO. 32 1 million eight hundred thousand one million two hundred fifty thousand dollars per 2 tax year. However, the total amount of tax credits granted on a qualifying project 3 shall not exceed the total cost of the project. In addition, the investor tax credits 4 granted by the department to any recipient pursuant to this Section shall be limited 5 to an amount which shall not result in a reduction of tax liability by all recipients of 6 such credits to exceed four million five hundred thousand three million one hundred 7 twenty-five thousand dollars in any fiscal year. 8 * * * 9 I. Import-export cargo tax credit. 10 * * * 11 (2)(a)(i) For taxable years beginning on and after January 1, 2014, there shall 12 be allowed a credit against the individual income, corporation income, and 13 corporation franchise tax liability of a taxpayer who has received certification 14 pursuant to the provisions of Paragraph (1) of this Subsection; provided that the 15 credit shall be allowed only against the tax liability of the international business 16 entity which receives the certification. The amount of the credit shall be equal to the 17 product of multiplying three dollars and sixty cents two dollars and fifty cents by the 18 taxpayer's number of tons of qualified cargo for the taxable year which exceeds the 19 pre-certification tonnage or the product of multiplying the number of dollars by the 20 taxpayer's number of tons of qualified cargo for the taxable year or portion of a 21 taxable year which exceeds the pre-certification tonnage which is warranted by the 22 significant positive economic benefit determined by the commissioner pursuant to 23 Item (ii) of this Subparagraph, whichever is less. For purposes of this Item, "pre- 24 certification tonnage" means the number of tons of cargo which meets the definition 25 of qualified cargo for purposes of this credit, and which was owned by the 26 international business entity receiving the credit, were imported or exported to or 27 from a manufacturing, fabrication, assembly, distribution, processing, or warehouse 28 facility located in Louisiana, and which were so moved by way of an oceangoing 29 vessel berthed at public port facilities in Louisiana during the 2013 calendar year. Page 23 of 40 CODING: Words in struck through type are deletions from existing law; words underscored are additions. HLS 162ES-43 ORIGINAL HB NO. 32 1 However, each tax credit granted to a taxpayer shall be subject to the same limit as 2 is provided for a qualifying project pursuant to Subparagraph (C)(1)(b) of this 3 Section. In addition, the import-export cargo tax credits granted by the department 4 to any recipient pursuant to this Section shall be limited to an amount which shall not 5 result in a reduction of tax liability by all recipients of such credits to exceed four 6 million five hundred thousand three million one hundred twenty-five thousand 7 dollars in any fiscal year. 8 * * * 9 §6037. Tax credit for "green job industries" 10 * * * 11 B. Income tax credits for state-certified green projects: 12 (1) There is hereby authorized a base investment tax credit for certified, 13 verified, and approved expenditures in the state for the construction, repair, or 14 renovation of a state-certified green project, or for investments made by a company 15 or a financier in such project which are, in turn, expended for such construction, 16 repair, or renovation, not to exceed seven hundred twenty thousand five hundred 17 thousand dollars per state-certified green project. No more than three million six 18 hundred thousand two million five hundred thousand dollars in tax credits under this 19 Section shall be granted for state-certified green projects per year. 20 * * * 21 (2) 22 * * * 23 (b) The base investment credit for state-certified green projects shall be for 24 the following amounts: 25 (i) If the total base investment is greater than one hundred thousand dollars 26 and less than or equal to three hundred thousand dollars, a company shall be allowed 27 a tax credit of seven and two tenths of one five percent of the base investment made 28 by that company. Page 24 of 40 CODING: Words in struck through type are deletions from existing law; words underscored are additions. HLS 162ES-43 ORIGINAL HB NO. 32 1 (ii) If the total base investment is greater than three hundred thousand dollars 2 and less than or equal to one million dollars, a company shall be allowed a tax credit 3 of fourteen and four tenths of one ten percent of the base investment made by that 4 company. 5 (iii) If the total base investment is greater than one million dollars, a 6 company shall be allowed a tax credit of eighteen twelve and one-half percent of the 7 base investment made by that company. 8 (c) To the extent that base investment is expended on payroll for Louisiana 9 residents employed in connection with the construction of a state-certified green 10 project, a company shall be allowed an additional tax credit of seven and two tenths 11 of one five percent of the payroll; however, if the amount paid to any one person 12 exceeds one million dollars, the additional credit shall not include any amount paid 13 to that person that exceeds one million dollars. 14 (d) To the extent that base investment is expended on payroll for Louisiana 15 residents employed in connection with a state-certified green project, who are 16 graduates of an institution within the Louisiana Community and Technical College 17 System or graduates of an apprenticeship program registered with the Louisiana 18 Workforce Commission, each investor shall be allowed an additional tax credit of 19 seventy-two one hundredths of one one-half of one percent of such payroll. 20 * * * 21 Section 3. R.S. 51:1807(C), 2354(B)(introductory paragraph), 2399.3(A)(2), 22 and 3085(B)(1)(a) are hereby amended and reenacted and R.S. 51:2354(C) is hereby 23 enacted to read as follows: 24 §1807. Incentives 25 * * * 26 C. The board, after consultation with the secretaries of the Department of 27 Economic Development and the Department of Revenue and with the approval of the 28 governor, may enter into contracts to provide for a three thousand six hundred two 29 thousand five hundred dollar tax credit per net new employee as determined by the Page 25 of 40 CODING: Words in struck through type are deletions from existing law; words underscored are additions. HLS 162ES-43 ORIGINAL HB NO. 32 1 company's average annual employment reported under the Louisiana Employment 2 Security Law. This tax credit may be applied to any state income tax liability or any 3 state franchise tax liability and shall be used for the taxable year in which the 4 increase in average annual employment occurred. However, if the entire credit 5 cannot be used in the year earned, the excess of the credit over the aggregate tax 6 liabilities against which the credit can be applied shall constitute an overpayment, 7 as defined in R.S. 47:1621(A), and the secretary shall make a refund of such 8 overpayment from the current collections of the taxes imposed by Chapter 1 and 9 Chapter 5 of Subtitle II of Title 47 of the Louisiana Revised Statutes of 1950, as 10 amended. The right to a refund of any such overpayment shall not be subject to the 11 requirement of R.S. 47:1621(B). 12 * * * 13 §2354. Technology commercialization credit; amount; duration; forfeit 14 * * * 15 B. For applications for the technology commercialization credit approved on 16 or after July 1, 2015, and before July 1, 2016, the following shall apply: 17 * * * 18 C. For applications for the technology commercialization credit approved on 19 or after July 1, 2016, the following shall apply: 20 (1) Except as provided in Paragraph (2) of this Subsection, the taxpayer may 21 earn and apply for and, if qualified, be granted a refundable tax credit which may be 22 applied to any income or corporation franchise tax liability owed to the state by the 23 taxpayer seeking to claim the credit, equal in value to twenty percent of the amount 24 of money invested by the taxpayer applicant in commercialization costs for one 25 business location meeting the requirements of R.S. 51:2353(C)(1) and (2) as certified 26 by the Department of Economic Development. 27 (2) A tax credit granted pursuant to this Part shall expire and have no value 28 or effect on tax liability beginning with the twenty-first tax year after the tax year in 29 which it was originally earned, applied for, and granted. An applicant that meets the Page 26 of 40 CODING: Words in struck through type are deletions from existing law; words underscored are additions. HLS 162ES-43 ORIGINAL HB NO. 32 1 requirements of R.S. 51:2353 and is approved by the Department of Economic 2 Development may receive a refundable tax credit based on new jobs for the period 3 of time approved which shall be equal to three percent multiplied by the gross 4 payroll of new direct jobs meeting the requirements of R.S. 51:2353(C)(3) and (4) 5 as certified by the Department of Economic Development. 6 * * * 7 §2399.3. Modernization tax credit 8 A. 9 * * * 10 (2)(a)(i) For credits approved prior to July 1, 2015, the following shall apply: 11 (i) (I) The credits approved by the department shall be granted at the rate of 12 five percent of the amount of qualified expenditures incurred by the employer for 13 modernization with the credit divided in equal portions for five years, subject to the 14 limitations provided for in other Paragraphs of this Subsection. 15 (ii) (II) The total amount of modernization tax credits granted by the 16 Department of Economic Development in any calendar year shall not exceed ten 17 million dollars irrespective of the year in which claimed. The department shall by 18 rule establish the method of allocating available tax credits to applicants, including 19 but not limited to a first come, first served system, reservation of tax credits for a 20 specified time period, or other method which the department, in its discretion, may 21 find beneficial to the program. In the event that the total amount of credits granted 22 in any calendar year is less than seven million two hundred thousand dollars, any 23 residual amount of unused credits shall carry forward for use in subsequent years and 24 may be granted in addition to the seven million two hundred thousand dollar limit 25 for each year. 26 (b) (ii) For credits approved on and after July 1, 2015, and before July 1, 27 2016, the following shall apply: 28 (i) (I) The credits approved by the department shall be granted at the rate of 29 three and six-tenths of one percent of the amount of qualified expenditures incurred Page 27 of 40 CODING: Words in struck through type are deletions from existing law; words underscored are additions. HLS 162ES-43 ORIGINAL HB NO. 32 1 by the employer for modernization with the credit divided in equal portions for five 2 years, subject to the limitations provided for in other Paragraphs of this Subsection. 3 (ii) (II) The total amount of modernization tax credits granted by the 4 Department of Economic Development in any calendar year shall not exceed seven 5 million two hundred thousand dollars irrespective of the year in which claimed. The 6 department shall by rule establish the method of allocating available tax credits to 7 applicants, including but not limited to a first come, first served system, reservation 8 of tax credits for a specified time period, or other method which the department, in 9 its discretion, may find beneficial to the program. In the event that the total amount 10 of credits granted in any calendar year is less than seven million two hundred 11 thousand dollars, any residual amount of unused credits shall carry forward for use 12 in subsequent years and may be granted in addition to the seven million two hundred 13 thousand dollar limit for each year. 14 (iii) For credits approved on and after July 1, 2016, the following shall apply: 15 (I) The credits approved by the department shall be granted at the rate of two 16 and one-half percent of the amount of qualified expenditures incurred by the 17 employer for modernization with the credit divided in equal portions for five years, 18 subject to the limitations provided for in other Paragraphs of this Subsection. 19 (II) The total amount of modernization tax credits granted by the Department 20 of Economic Development in any calendar year shall not exceed five million dollars 21 irrespective of the year in which claimed. The department shall by rule establish the 22 method of allocating available tax credits to applicants, including but not limited to 23 a first come, first served system, reservation of tax credits for a specified time period, 24 or other method which the department, in its discretion, may find beneficial to the 25 program. In the event that the total amount of credits granted in any calendar year 26 is less than five million dollars, any residual amount of unused credits shall carry 27 forward for use in subsequent years and may be granted in addition to the five 28 million dollar limit for each year. 29 * * * Page 28 of 40 CODING: Words in struck through type are deletions from existing law; words underscored are additions. HLS 162ES-43 ORIGINAL HB NO. 32 1 §3085. Tax credit 2 * * * 3 B.(1)(a) The tax credit shall be calculated by the commissioner as fifty-four 4 thirty-seven and one-half percent of the person's investment for the purposes of 5 earning tax credits. 6 * * * 7 Section 4. Sections 1, 2, and 3 of this Act shall apply to any return filed for any 8taxable year beginning on or after January 1, 2016. 9 Section 5. Notwithstanding any contrary provision of Sections 7 or 8 of Act No. 125 10of the 2015 Regular Session, as amended by Act No. 29 of the 2016 First Extraordinary 11Session, the provisions of Section 1, 2, and 3 of Act No. 125 of the 2015 Regular Session 12of the Legislature shall cease to be effective on the effective date of Sections 1, 2, and 3 of 13this Act and Sections 4, 5, and 6 of Act No. 125 of the 2015 Regular Session shall not 14become effective. 15 Section 6. This Act shall become effective upon signature by the governor or, if not 16signed by the governor, upon expiration of the time for bills to become law without signature 17by the governor, as provided by Article III, Section 18 of the Constitution of Louisiana. If 18vetoed by the governor and subsequently approved by the legislature, this Act shall become 19effective on the day following such approval. 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 32 Original 2016 Second Extraordinary Session Montoucet Abstract: Reduces the income and corporation franchise tax credits contained in Act No. 125 of the 2015 R.S.. Present law provides for the following income and corporation franchise tax credits: (1)R.S. 25:1226.4 Atchafalaya Trace Heritage Area Development Zone tax credit (2)R.S. 47:34 Corporation tax credit (3)R.S. 47:35 Neighborhood assistance tax credit Page 29 of 40 CODING: Words in struck through type are deletions from existing law; words underscored are additions. HLS 162ES-43 ORIGINAL HB NO. 32 (4)R.S. 47:37 Credit for contributions to educational institutions (5)R.S. 47:227 Offset against tax; insurance premium (6)R.S. 47:265 Credits arising from refunds by utilities (7)R.S. 47:287.664 Credits arising from refunds by utilities (8)R.S. 47:287.748 Corporation tax credit; re-entrant jobs credit (9)R.S. 47:287.749 Jobs credit (10)R.S. 47:287.752 Credit for employment of first-time nonviolent offenders (11)R.S. 47:287.753 Neighborhood assistance tax credit (12)R.S. 47:287.755 Credit for contributions to educational institutions (13)R.S. 47:287.758 Credit for bone marrow donor expense (14)R.S. 47:287.759 Credit for employee and dependent health insurance coverage (15)R.S. 47:297 Reduction to tax due (16)R.S. 47:297.6 Credit for rehabilitation of residential structures (17)R.S. 47:297.9 Certain military servicemembers and dependents hunting and fishing licenses (18)R.S. 47:6004 Employer Credit (19)R.S. 47:6005 Qualified new recycling manufacturing equipment and service contracts (20)R.S. 47:6008 Credit for donations to assist playgrounds in economically depressed areas (21)R.S. 47:6009 Louisiana Basic Skills Training Tax Credit (22)R.S. 47:6012 Employer tax credits for donations of materials, equipment, advisors, or instructors (23)R.S. 47:6013 Credit for donations to public schools (24)R.S. 47:6017 Credit for expenses paid by economic development corporations (25)R.S. 47:6018 Credit for purchasers from "PIE contractors" (26)R.S. 47:6023 Sound recording investor tax credit (27)R.S. 47:6026 Cane River heritage tax credit (28)R.S. 47:6032 Credit for certain milk producers (29)R.S. 47:6034 Musical and theatrical production income tax credit (30)R.S. 47:6035 Credit for conversion of vehicles to alternative fuel usage Page 30 of 40 CODING: Words in struck through type are deletions from existing law; words underscored are additions. HLS 162ES-43 ORIGINAL HB NO. 32 (31)R.S. 47:6037 Credit for "green job industries" (32)R.S. 51:1807 Incentives (Urban Revitalization) (33)R.S. 51:2354 Technology commercialization credit (34)R.S. 51:2399.3 Modernization tax credit Present law (R.S. 47:34 and R.S. 47:287.749) provides for an income tax credit to be used against the tax liability of corporate income taxpayers who generate new full-time and part- time jobs in the state. This tax credit is allowed in lieu of any tax exemptions granted pursuant to the Louisiana Enterprise Zone Act, any ad valorem property tax exemptions for business or industry, or any ad valorem tax exemption allowed through the State Board of Commerce and Industry pursuant to La. Const. Art. VII, Sec. 21(F). The credit is equal to the number of new employees multiplied by varying amounts. Present law allows the following tax credits: (1)$72 per eligible new employee per taxable year. (2)$140 per eligible new economically disadvantaged employee per taxable year. (3)$162 per new employee who is a resident of a neighborhood with an employment rate of 10% or more per taxable year. Proposed law reduces the eligible amount per employee as follows: (1)From $72 to $50 per eligible new employee per taxable year. (2)From $140 to $100 per eligible new economically disadvantaged employee per taxable year. (3)From $162 to $112.50 per new employee who is a resident of a neighborhood with an employment rate of 10% or more per taxable year. Present law (R.S. 47:35 and 287.753) provides for an income tax credit against the state corporate income tax liability for any business firm engaged in certain activities of providing neighborhood assistance, job training, education for individuals, community services, or crime prevention in the state. Present law allows a tax credit of up to 50% of the actual amount contributed, not to exceed $180,000 annually per corporation. Proposed law reduces the amount of the credit from 50% to 35% of the actual amount contributed and reduces the maximum credit amount from $180,000 to $125,000. Present law (R.S. 47:37 and R.S. 47:287.755) provides for an income tax credit against a taxpayer's tax liability for contributions, donations, or selling below cost tangible movable property to a public educational institution for the purposes of research, research training, or direct education of students in the state. Present law allows a tax credit equal to 29% of the property's value, or in the case of sale below cost, 29% of the difference between the price received and the value of the property. Proposed law reduces the allowable credit from 29% to 20% of either the property value or the difference between the price received and the value of the property. Page 31 of 40 CODING: Words in struck through type are deletions from existing law; words underscored are additions. HLS 162ES-43 ORIGINAL HB NO. 32 Present law (R.S. 47:227) provides for an offset for every insurance company against tax incurred for taxes on premiums. Present law allows an offset equal to 72% of the tax incurred. Proposed law reduces the amount of the offset from 72% of the tax incurred to 50% of the taxes incurred on premiums. Present law (R.S. 47:265 and 287.664) provides for an income tax credit for utility companies against Louisiana income tax for amounts the utility company may have refunded to a customer pursuant to an order of the court or regulatory agency as a result of the denial of a New rate increase. The credit may be taken in lieu of a deduction from gross income if the deduction would result in a net loss. Present law allows a tax credit equal to 72% of the amount of the income tax increase had the amounts refunded been included in the gross income. Proposed law reduces the amount of the credit from 72% of the amount of the income tax increase to 50% of the income tax increase. Present law (R.S. 47:287.748) provides for an income tax credit against the corporate income tax liability for taxpayers who employ an eligible Intensive Incarceration Program re-entrant. Present law allowed a tax credit equal to $108 per eligible re-entrant employed, not exceed 36% of the corporate income tax. Proposed law reduces the credit from $108 per eligible re-entrant to $75 per eligible re- entrant and decreases the maximum allowable credit from 36% of the corporate income tax to 25% of the corporate income tax. Present law (R.S. 47:287.752) provides for an income tax credit for each taxpayer who provides full-time employment to an individual who has been convicted of a first-time nonviolent offense. Requires certification by the employee's probation officer that the employee has successfully completed a drug treatment program, or any other court-ordered program, and that the employee has worked 180 days full-time for the employer seeking the credit. Present law allows a tax credit equal to $144 per eligible employee per taxable year. Proposed law reduces the amount of the credit from $144 per eligible employee to $100 per eligible employee. Present law (R.S. 47:287.758 and R.S. 47:297(I)) provides an income tax credit for taxpayers for certain bone marrow donor expenses. Present law allows a tax credit equal to 18% of the bone marrow donor expenses incurred during the tax year by an employer to provide the program. Proposed law reduces the amount of the credit from 18% to 12.5% of expenses incurred. Present law (R.S. 47:287.759) provides for an income tax credit against the income tax for the period in which the credit was earned for certain contractors or subcontractors who contract to do public work. Present law allows a tax credit equal to 3.6% on a specified amount of the contract to do public work if the contractor or subcontractor offers the requisite number of their full-time employees health insurance coverage and pays the requisite amount of the total premium for Page 32 of 40 CODING: Words in struck through type are deletions from existing law; words underscored are additions. HLS 162ES-43 ORIGINAL HB NO. 32 the health insurance coverage for each employee and dependent. Further limited the amount of the tax credit to not more than $2.16 million per year. Proposed law reduces the amount of the credit allowed from 3.6% to 2.5% of the specified amount of the contract and reduces the maximum credit amount from $2.16 million to $1.5 million. Present law (R.S. 47:297(A)) provides for a tax credit for any taxpayer when the taxpayer, taxpayer's spouse, or dependent is deaf, blind, mentally incapacitated, or has lost the use of one or more limbs. Present law allows a tax credit equal to $72. Proposed law reduces the amount of the credit from $72 to $50. Present law (R.S. 47:297(B)) provides for a tax credit for the elderly, contributions to candidates for public office, investment credits, credits for foreign tax, work incentive credits, jobs credits, and residential credits. Present law allows a tax credit equal to the lesser of $18 or 7.2% of the same credit allowed on the federal income tax return for the same tax year. Proposed law reduces the amount of the credit from the lesser of $18 or 7.2% of the credit allowed on the federal return to the lesser of $12.50 or 5% of the credit allowed on the federal return. Present law (R.S. 47:297(C)) provides for an income tax credit for individuals for the state gasoline and motor fuels tax and special fuels taxes paid to operate or propel a commercial fishing boat. Present law allows a tax credit equal to 72% of the state gasoline, motor fuels, and special fuels taxes paid. Proposed law reduces the amount of the credit from 72% of the amount of the gasoline, motor fuels, and special fuels taxes to 50%. Present law (R.S. 47:297(D)) provides an income tax credit for an individual taxpayer for educational expenses for each child of the taxpayer. Present law allows a tax credit equal to $18 per child. Proposed law reduces the amount of the credit from $18 to $12.50. Present law (R.S. 47:297(F)) provides an income tax credit for individuals for contributions made to a family responsibility program under the provisions of present law. Present law allows a tax credit equal to 24% of the amount contributed. Further limits the credit to $144 per year. Proposed law reduces the amount of the credit from 33.3% to 24% of the contribution and reduces the maximum credit from $144 to $100. Present law (R.S. 47:297(G)) provides for an income tax credit for taxpayers who purchase certain environmental equipment designed to recover or recycle chloroflourocarbons used as refrigerants in commercial, home, and automobile air-conditioning systems, refrigeration units, and industrial cooling applications. Page 33 of 40 CODING: Words in struck through type are deletions from existing law; words underscored are additions. HLS 162ES-43 ORIGINAL HB NO. 32 Present law allows a tax credit equal to 14.4% of the purchase price of the equipment, or if the equipment is financed, 14.4% of the original purchase price paid in that tax year. Proposed law reduces the amounts of the credit from 14.4% of the purchase price to 10%. Present law (R.S. 47:297(H)) provides for an income tax credit for certain medical doctors and dentists who practice in designated rural areas. Present law allows a tax credit equal to $3,600 per taxable year up to a maximum of five years for each taxpayer meeting the criteria. Proposed law reduces the amount of the credit from $3,600 to $2,500 per taxable year. Present law (R.S. 47:297(J)) provides an income tax credit for individual taxpayers for certain educational expenses associated with attending college. Present law allows a tax credit equal to the least of the tax due, or 72% of the educational expenses, or $540. Proposed law reduces the amount of the credit from the least of the tax due, 72% of the education expenses, or $540 to the least of the tax due, 50% of the education expenses, or $375. Present law (R.S. 47:297(K)) provides an income tax credit for individual taxpayers who provide full-time employment for certain individuals convicted of a first-time drug offense. Present law allows a tax credit equal to $144 per new taxable year per eligible employee. Proposed law reduces the amount of the credit from $144 to $100. Present law (R.S. 47:297(L)) provides an income tax credit for qualified taxpayers for the purchase of a bulletproof vest. Requires the qualified taxpayer to be a member of certain law enforcement. Present law allows a tax credit equal to the lesser of 72% of the full purchase price including applicable taxes paid by the taxpayer, or $72. Proposed law reduces the amount of the credit from the lesser of 72% the full purchase price including applicable taxes or $72 to 50% of the full purchase price including applicable taxes, or $50. Present law (R.S. 47:297(M)) provides for an income tax credit against individual income tax for amounts paid as premiums for eligible long-term care insurance. Present law allows a tax credit equal to 7% of the total amount of premiums paid annually. Proposed law reduces the amount of the credit from 7% of the total amount of premiums to 5%. Present law (R.S. 47:297(N)) provides for an income tax credit against individual income tax equal to certain amounts incurred by a taxpayer for the taxpayer's expenses because of a living organ donation by the taxpayer or taxpayer's spouse. Present law allows a tax credit not to exceed $7,200. Proposed law reduces the maximum amount of the credit from $7,200 to $5,000. Page 34 of 40 CODING: Words in struck through type are deletions from existing law; words underscored are additions. HLS 162ES-43 ORIGINAL HB NO. 32 Present law (R.S. 47:297(P)) provides for an income tax credit against individual income tax for inclusion of certain accessible and barrier-free design elements in the construction of a new one- or two- family dwelling. Present law allows a tax credit equal to the lesser of $720 or 72% of the total tax liability of the taxpayer. Proposed law reduces the amount of the credit from the lesser of $720 or 72% of the total tax liability of the taxpayer to $500 or 50% of the total tax liability of the taxpayer. Present law (R.S. 47:297.6) provides for an income tax credit for individual income tax for the amount of eligible costs and expenses incurred during the rehabilitation of an owner- occupied residential or owner-occupied mixed use structure located in certain specific locations. Present law allows a tax credit equal to 18.5% of the eligible costs and expenses of a rehabilitation. The maximum credit allowed is $18,500. Present law further authorizes a credit of 36% of the eligible costs and expenses of a rehabilitation of a vacant and blighted owner-occupied residential structure that is at least 50 years old. Present law provides an annual program cap of $7.2 million. Proposed law reduces the credit amount from 18.5% to 12.5% of eligible costs and expenses and reduces the credit amount from 36% to 25% of eligible costs and expenses for the rehabilitation of the qualified vacant and blighted residential structures. Further reduces the maximum credit allowed from $18,500 to $12,500 and reduces the program cap from $7.2 million to $5 million. Present law (R.S. 47:297.9) provides for an individual income tax credit for the amount paid by an active or reserve military service member for a La. noncommercial hunting or fishing license. Present law allows a tax credit equal to 72% of the amount of the license. Proposed law reduces the amount of the credit from 72% of the amount of the license to 50%. Present law (R.S. 47:6004) provides for an income and corporation franchise tax credit for the employment of each person and participant of Family Independence Work Program in a newly created full-time job. The tax credit is allowed for the taxable period during which the new employee has completed one year of full-time service with the taxpayer or against the corporation franchise tax for the taxable period following the taxable period during which the new employee has completed one year of full-time service with the taxpayer. Present law allows a tax credit equal to $540 per new employee. Proposed law reduces the amount of the credit from $540 to $375. Present law (R.S. 47:6005) provides an income tax or corporation franchise tax credit for taxpayers who purchase qualified new recycling manufacturing or process equipment or qualified service contracts to be used or performed exclusively in the state. Present law allows a tax credit equal to 14.4% of the cost of the equipment or service contract less the amount of any other tax credit received for the purchase of the equipment or contract. Further provides an annual program cap of $3.6 million. Proposed law reduces the amount of the credit from 14.4% to 10% and reduces the annual program cap from $3.6 million to $2.5 million. Page 35 of 40 CODING: Words in struck through type are deletions from existing law; words underscored are additions. HLS 162ES-43 ORIGINAL HB NO. 32 Present law (R.S. 47:6008) provides for an income or corporation franchise tax credit for qualified donations made to qualified playgrounds. Present law allows a tax credit equal to the lesser of $720 or 36% of the value of the cash, equipment, goods, or services donated. Proposed law reduces the amount of the credit from the lesser of $720 or 36% of the value of the cash, equipment, goods, or services donated to the lesser of $500 or 25% of the value of the cash, equipment, goods, or services donated. Present law (R.S. 47:6009) provides for an income or corporation franchise tax credit for a La. business or industry that supports and encourages employee basic skills training by satisfying criteria established in present law and that submit proper and complete applications. Present law allows a tax credit of $180 per participating employee, with the total of all basic skills training credits not to exceed $21,600 for any single business or industry enterprise in a particular tax year. Proposed law reduces the amount of the credit from $180 per participating employee to $125 and reduces the total maximum amount of all basic skills training credits from $21,600 to $15,000 for any single business or industry in a particular tax year. Present law (R.S. 47:6012) provides for an income and corporation franchise tax credit for employers within the state to donate materials, equipment, or instructors to public training providers registered with the La. Workforce Commission, or community colleges to assist in the development of training programs designed to meet industry needs. Present law allows a tax credit equal to 36% of the value of the donated materials, equipment, or services rendered by the instructor. Proposed law reduces the amount of the credit from 36% of the value of the donated materials, equipment, or services rendered by the instructor to 25%. Present law (R.S. 47:6013) provides for a corporate income and corporation franchise tax credit for qualified donations made to a public school. Present law allows a tax credit equal to 28.8% of the appraised value of the qualified donation. Proposed law reduces the amount of the credit from 28.8% of the appraised value of the qualified donation to 20%. Present law (R.S. 47:6017) provides for an income or corporation franchise tax credit for the filing fee paid to the La. State Bond Commission. Present law allows a tax credit equal to 72% of the amount of the filing fee paid. Proposed law reduces the amount of the credit from 72% of the amount of the filing fee to 50%. Present law (R.S. 47:6018) provides for an income or corporation franchise tax credit for purchasing specialty apparel items from a contractor in a certified Private Sector/Prison Industry Enhancement Program that employs inmates of a La. correctional institution that manufacturers the apparel. Present law allows a tax credit equal to 72% of the sales and use tax paid for the eligible specialty apparel items. Page 36 of 40 CODING: Words in struck through type are deletions from existing law; words underscored are additions. HLS 162ES-43 ORIGINAL HB NO. 32 Proposed law reduces the amount of the credit from 72% of the sales and use tax to 50%. Present law (R.S. 47:6023) provides for an income or franchise tax credit for La. taxpayers for investment in state-certified productions for sound recordings earned at the time expenditures are made on a state-certified production. Present law allows a tax credit equal to 18% of the base investment made by the investor in excess of $15,000, or in excess of $5,000 for investors who are La. residents, for state- certified productions submitted to the office on or after July 1, 2015. Additionally provides an annual program cap of $2.16 million. Proposed law reduces the amount of the credit from 18% of the base investment to 12.5% of the base investment and reduces the annual program cap from $2.16 million to $1.5 million for state-certified productions that are certified on or after July 1, 2016. Present law (R.S. 47:6026) provides for an income or corporation franchise tax credit for certain heritage-based cottage industries located or to be located in the Cane River Heritage Area Development Zone. Present law allows a tax credit equal to an amount up to $1,080 per contract award and an additional $1,080 credit for each new employee hired during the taxable year for which the credit is claimed. Proposed law reduces the amount of the credit from $1,080 per contract award to $750 and reduces the amount of the credit for each new employee hired from $1,080 to $750. Present law (R.S. 47:6032) provides for a refundable income and corporation franchise tax credit for a resident taxpayer engaged in the business of producing milk for sale. The amount of the credit is based on the production and sale of milk below the announced production price over a calendar year in accordance with a schedule provided in present law. Present law caps the total aggregate amount of credits for all producers at $1.8 million per calendar year and limits the credit allowed for each producer at varying amounts. Proposed law reduces the total aggregate amount of credits for all producers from $1.8 million per calendar year to $1.25 million per calendar year. Further reduces the credits allowed for each producer as follows: (1)From $3,600 to $2,500 tax credit for up to 1 million pounds of milk produced. (2)From $7,200 to $5,000 tax credit for 1,000,001 to 1.5 million pounds of milk produced. (3)From $10,800 to $7,500 tax credit for 1,500,001 to 2 million pounds of milk produced. (4)From $14,400 to $10,000 tax credit for 2,000,001 to 2.5 million pounds of milk produced. (5)From $18,000 to $12,500 tax credit for 2,500,001 to 3 million pounds of milk produced. (6)From $21,600 to $15,000 tax credit for greater than 3 million pounds of milk produced. Present law (R.S. 47:6034) provides for an individual or corporate income tax credit for qualified production expenditures on investments in a state-certified musical or theatrical production or infrastructure project. Page 37 of 40 CODING: Words in struck through type are deletions from existing law; words underscored are additions. HLS 162ES-43 ORIGINAL HB NO. 32 Present law allows a base investment credit for state-certified higher education musical or theatrical infrastructure projects that received initial certification prior to January 1, 2018, for expenditures made in the state on or before January 1, 2022 for the construction, repair, or renovation of a new state-certified higher education musical or theatrical facility infrastructure project. No more than $7.2 million in tax credits are allowed per project and no more than $43.2 million are allowed for all state-certified higher education musical or theatrical infrastructure projects. The credit for an investor was granted in varying amounts. Proposed law reduces the per project cap from $7.2 million to $5 million and the program cap from $43.2 million to $30 million for projects that receive an initial certification on or after July 1, 2016, and on or before Jan. 1, 2018 . Further reduces the credit amount for investors as follows: (1)From 7.2% to 5% of the investor's base investment if the total base investment is greater than $100,000 and less than or equal to $300,000. (2)From 14.4% to 10% of the investor's base investment if the total base investment is greater than $300,000 and less than or equal to $1 million. (3)From 18% to 12.5% of the investor's base investment if the total base investment is greater than $1 million. Present law allows an additional tax credit of 0.72% of the amount expended to employ students enrolled in La. colleges, universities, and vocational-technical schools in a state certified musical or theatrical production in certain positions. Proposed law reduces the additional tax credit from 0.72% to 0.5% of the amount expended to employ students enrolled in La. colleges, universities, and vocational-technical schools. Present law allows an additional tax credit of 7.2% of the amount expended on payroll for La. residents employed in connection with a state-certified musical or theatrical production. Proposed law reduces the additional tax credit from 7.2% to 5% of the amount expended on La. payroll. Present law (R.S. 47:6035) provides for an income tax credit for qualified clean-burning motor vehicle fuel property purchased and installed on certain motor vehicles. The tax credit is based on the cost of the qualified clean-burning motor vehicle fuel property or the cost of the motor vehicle. A taxpayer is authorized to claim only one of the tax credits per vehicle. Present law allows a tax credit equal to 36% of the cost of the qualified clean-burning motor vehicle fuel property. Further allows a tax credit equal to the lesser of 7.2% of the cost of the motor vehicle or $1,500 when the qualified clean-burning motor vehicle fuel property was installed by the manufacturer and the cost of the property is not discernible from the cost of the vehicle. Proposed law reduces the amount of the credit based on the cost of the qualified clean- burning motor vehicle fuel property from 36% to 25% of the cost and reduces the amount of the credit based on the cost of the motor vehicle from the lesser of 7.2% of the cost of the motor vehicle or $1,500 to 5% of the cost of the motor vehicle or $1,500. Present law (R.S. 47:6036) provides for an income and corporate franchise tax credit for the total capital costs of a project sponsored or undertaken by a public port and investing companies that have a capital cost of at least $5 million dollars and at which the predominant trade or business activity conducted will constitute industrial, warehousing, or port and harbor operations and cargo handling, including any port or port and harbor activity. Page 38 of 40 CODING: Words in struck through type are deletions from existing law; words underscored are additions. HLS 162ES-43 ORIGINAL HB NO. 32 Present law allows an investor tax credit equal to the total amount of capital costs of the project. Further provides a per project cap of $1.8 million and an annual program cap of $4.5 million. Proposed law reduces the amount of the investor tax credit from 72% of the total amount of capital costs of the project to 50% of the amount of capital costs of the project. Further reduces the per project cap from $1.8 million to $1.25 million and the annual program cap from $4.5 million to $3.1 million. Present law allows an import-export cargo tax credit equal to the product of multiplying $3.60 by the taxpayer's number of tons of qualified cargo for the taxable year that exceeds the precertification tonnage. Further provides an annual program cap of $4.5 million. Proposed law reduces the amount of the import-export cargo tax credit from $3.60 multiplied by the taxpayer's number of tons of qualified cargo to $2.50 multiplied by the taxpayer's number of tons of qualified cargo and reduced the annual program cap from $4.5 million to $3.1 million. Present law (R.S. 47:6037) provides an individual income or corporate income tax credit for approved expenditures in the state for the construction, repair, or renovation of a state- certified green project. Present law provides a $720,000 per project cap and a $3.6 million annual program cap. The amount of the credit allowed varied. Proposed law reduces the per project cap from $720,000 to $500,000 and reduces the annual program cap from $3.6 million to $2.5 million. Further reduces the amount of the credit as follows: (1)From 7.2% to 5% of the investor's base investment if the total base investment is greater than $100,000 and less than or equal to $300,000. (2)From 14.4% to 10% of the investor's base investment if the total base investment is greater than $300,000 and less than or equal to $1 million. (3)From 18% to 12.5% of the investor's base investment if the total base investment is greater than $1million. Present law provides an additional tax credit of 7.2% of the base investment expended on payroll for La. residents employed in connection with the construction of a state-certified green project. The additional 7.2% tax credit for payroll for La. residents does not apply to that amount in excess of $1 million in payroll made to a single La. resident. Further allows an additional 0.72% of the base investment expended on payroll for La. residents who are graduates of certain La. programs. Proposed law further reduces the additional credit for payroll of La. residents from 7.2% to 5% and reduces the additional credit for payroll for La. residents who are graduates from certain La. programs from 0.72% to 0.50%. Present law (R.S. 51:1807) provides for an income or franchise tax credit for businesses located in an urban revitalization zone. The credit received pursuant to present law is in lieu of any incentive received under the Enterprise Zone Program. Present law allows a tax credit equal to $3,600 per net new employee. Proposed law reduces the amount of the credit from $3,600 per net new employee to $2,500. Page 39 of 40 CODING: Words in struck through type are deletions from existing law; words underscored are additions. HLS 162ES-43 ORIGINAL HB NO. 32 Present law (R.S. 51:2354) provides an income and corporation franchise tax credit for investments by the taxpayer in commercialization costs for certain business locations. Present law allows a tax credit equal to 28.8% of the amount of money invested. Further provides a credit for qualified new direct jobs equal to 4.32% multiplied by the gross payroll of the qualified new direct jobs. Proposed law allows the tax credit in present law for applications that receive approval prior to July 1, 2016. Proposed law reduces the credit for commercialization costs for applications that receive approval on and after July 1, 2016 from 28.8% of the amount invested to 20% of the amount invested and reduces the amount of the credit for qualified new direct jobs from 4.32% to 3% multiplied by the gross payroll of the qualified new direct jobs. Present law (R.S. 51:2399.3) provides for an income or corporation franchise tax credit for amounts of qualified expenditures incurred by an employer for modernization. Present law allows a tax credit equal to 3.6% of the amount of qualified expenditures. Further provided an annual program cap of $7.2 million. Proposed law allows the tax credit in present law for applications that receive approval prior to July 1, 2016. Proposed law reduces the amount of the credit for credits approved prior on or after July 1, 2016 from 3.6% to 2.5% and reduces the annual program cap from $7.2 million to $5 million. Present law (R.S. 51:3085) provides for an income tax credit for qualifying individuals and businesses that invest in a Louisiana Community Development Financial Institution. Present law allows a tax credit equal to 54% of the person's investment. Proposed law reduces the amount of the tax credit from 54% to 37.5% of the person's investment. Proposed law repeals termination of the reductions in present law, making them permanent. Effective upon signature of governor or lapse of time for gubernatorial action. (Amends R.S. 25:1226.4(C)(1) and (2), R.S. 47:34(B)(1), 35(C), 37(C), 227, 265, 287.664, 287.748(B)(1), 287.749(B)(1), 287.752(B)(1), 287.753(C), 287.755(C), 287.758(B), 287.759(A) and (C)(3), 297(A), (B), (C)(1), (D)(2), (F), (G)(2), (H)(1), (I)(2), (J)(4), (K)(2)(a), (L)(3)(intro. para.), (M)(1), (N)(1)(intro. para.) and (2), and (P)(2), 297.6(A)(1) and (5), 297.9(A), 6004(A)(2)(intro. para.), 6005(C)(1) and (D)(1), 6008(A), 6009(D)(1), 6012(B), 6013(A), 6017(A), 6018(C), 6023(C)(1) and (3)(intro. para.), 6025(A)(1), 6026(D)(2) and (3), 6032(C) and (F), 6034(C)(1)(a)(iii)(bb)(intro. para.), (c)(ii), and (d)(ii), 6035(C)(1) and (D), 6036(C)(1)(b) and (I)(2)(a)(i), and 6037(B)(1) and (2)(b), (c), and (d) and R.S. 51:1807(C), 2354(A) and (B)(intro. para.), 2399.3(A)(2)(a) and (b), and 3085(B)(1)(a); Adds R.S. 47:6023(C)(1)(c) and 6034(C)(1)(a)(iii)(cc), (c)(iii) and (iv), and (d)(iii) and (iv) and R.S. 51:2354(C) and 2399.3(A)(2)(c)) Page 40 of 40 CODING: Words in struck through type are deletions from existing law; words underscored are additions.