HLS 17RS-609 ORIGINAL
2017 Regular Session
HOUSE BILL NO. 337
BY REPRESENTATIVE STOKES
TAX CREDITS: Provides for an individual income tax credit for improvements made to the
residences of individuals with certain disabilities
1 AN ACT
2To amend and reenact R.S. 47:297(P)(1), (2), and (5) and to enact R.S. 47:297(P)(3)(e) and
3 (6), relative to individual income tax credits; to authorize an individual income tax
4 credit for certain residential improvements made by persons with certain disabilities;
5 to provide for a program cap; to provide for effectiveness; and to provide for related
6 matters.
7Be it enacted by the Legislature of Louisiana:
8 Section 1. R.S. 47:297(P)(1), (2), and (5) are hereby amended and reenacted and R.S.
947:297(P)(3)(e) and (6) are hereby enacted to read as follows:
10 ยง297. Reduction to tax due
11 * * *
12 P.(1) There shall be allowed a credit against the individual income tax
13 liability of a taxpayer for the inclusion of accessible and barrier-free design elements
14 in either the construction of a new one- or two-family dwelling or the renovation of
15 an existing dwelling. For purposes of this Subsection, "taxpayer" shall mean an
16 individual who owns a newly constructed one- or two-family dwelling, or the
17 existing dwelling that is renovated, and who qualifies for and claims a homestead
18 exemption on a dwelling which meets all of the design elements necessary for
19 claiming the tax credit authorized by the provisions of this Subsection.
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions. HLS 17RS-609 ORIGINAL
HB NO. 337
1 (2) The amount of the credit shall be seven hundred twenty five thousand
2 dollars, or seventy-two percent of the total tax liability of the taxpayer, whichever
3 is less. The credit shall be taken in the taxable year in which the construction of the
4 dwelling is completed. Only one tax credit may be granted per dwelling. If the
5 amount of the credit authorized by this Paragraph exceeds the amount of tax liability
6 for the tax year, the amount of unused credit may be carried forward as a credit
7 against subsequent Louisiana individual income tax liability for a period not to
8 exceed five years.
9 (3) A dwelling which meets all of the following requirements shall be
10 deemed to include accessible and barrier-free design elements for purposes of the tax
11 credit:
12 * * *
13 (e) It meets all of the accessibility standards as required by the 2010
14 Americans with Disabilities Act Standards for Accessible Design, or its successor.
15 * * *
16 (5) The total amount of tax credit granted by the department in any calendar
17 year shall not exceed five hundred thousand dollars. The department shall by rule
18 establish the method of allocating available tax credits. If the department does not
19 grant the entire five hundred thousand dollars of tax credits in any calendar year, the
20 amount of residual unused tax credits shall carry forward to subsequent calendar
21 years and may be granted in any year without regard to the five hundred thousand
22 dollar per year limitation.
23 (6) The provisions of this Subsection shall be effective for all tax years
24 beginning on or after January 1, 2012.
25 Section 2. Notwithstanding the provisions of Section 8 of Act No. 125 of the 2015
26Regular Session as amended by Act No. 29 of the 2016 First Extraordinary Session of the
27Legislature, R.S. 47:297(P)(2) as enacted by Section 5 of Act No. 125 of the 2015 Regular
28Session shall not become effective.
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions. HLS 17RS-609 ORIGINAL
HB NO. 337
1 Section 3. The provisions of this Act shall be applicable for all taxable periods
2beginning on and after January 1, 2018.
3 Section 4. This Act shall become effective on January 1, 2018.
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 337 Original 2017 Regular Session Stokes
Abstract: Expands the individual income tax credit for the inclusion of accessible and
barrier-free design elements in the construction of certain dwellings and provides for
a program cap.
Present law authorizes a credit against individual income tax for the owner of a newly
constructed one- or two-family dwelling that includes certain accessible and barrier-free
design elements. Eligibility is limited to individuals who own such a dwelling, claim the
homestead exemption thereon, and the dwelling meets all of the design elements necessary
for claiming the tax credit.
Present law further requires that the tax credit be taken in the taxable year in which the
construction is completed. The credit is limited to the lesser of $720 or 72% of the
taxpayer's total tax liability. Only one tax credit may be granted per dwelling.
Proposed law adds existing dwellings that are renovated to include accessible and barrier-
free design elements as a dwelling for which a taxpayer may be eligible to receive the credit.
Proposed law changes the amount of the credit from the lesser of $720 or 72% of the
taxpayer's total tax liability to $5,000. Further authorizes excess, unused credit to be carried
forward and applied to subsequent tax liability for five years.
Present law requires the dwelling to meet certain standards to be eligible for the tax credit.
Proposed law retains present law and adds the requirement that the dwelling meet the
accessibility standards required by federal law.
Proposed law establishes a program cap not to exceed $500,000 in credits granted by the
Dept. of Revenue each calendar year. Allows any amount not granted to roll over to
subsequent years.
Effective Jan. 1, 2018.
(Amends R.S. 47:297(P)(1), (2), and (5); Adds R.S. 47:297(P)(3)(e) and (6))
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions.