Louisiana 2017 2017 Regular Session

Louisiana House Bill HB337 Comm Sub / Analysis

                    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 Reengrossed 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 the lesser of $5,000 or the cost of the construction.  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 requires the renovation of an existing dwelling to meet any of the standards
enumerated in present law to be eligible for the tax credit.
Proposed law establishes a program cap not to exceed $500,000 in credits granted by the Dept. of
Revenue each calendar year and provides for the claim of credits on a first-come, first-served basis. 
A taxpayer whose claim is disallowed due to the cap may claim the credit in the next calendar year
and have priority over other claims.  Allows any amount not granted to roll over to subsequent years.
Effective Jan. 1, 2018.
(Amends R.S. 47:297(P)(1), (2), (3)(intro. para.), and (5))
Summary of Amendments Adopted by House The Committee Amendments Proposed by House Committee on Ways and Means to the original
bill:
1. Add provisions that the claims of credits are on a first-come, first-served basis and allows
taxpayer whose claims is disallowed due to the cap to claim the credit in the next
calendar year and have priority over other claims.
The House Floor Amendments to the engrossed bill:
1. Delete the requirement that a dwelling meet all accessibility standards required by federal
law to be eligible for the credit.
2. Clarify that a new dwelling is required to meet all of the requirements in present law and
that a renovated dwelling is required to meet any requirement in present law.
3. Change the amount of the credit from $5,000 to $5,000 or the cost of the construction or
renovation, whichever is less.
4. Make technical changes.