Louisiana 2017 2017 Regular Session

Louisiana House Bill HB396 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 396 Engrossed	2017 Regular Session	Dwight
Abstract:  Provides for effectiveness and applicability of the state sales and use tax exclusions for
numismatic coins made of platinum, gold, silver, or other materials, and for platinum, gold,
or silver bullion.
Present law imposes state sales and use taxes on the sale, use, lease, or rental of tangible personal
property pursuant to the following levies: 
R.S. 47:302 - 2% tax
R.S. 47:321 - 1% tax
R.S. 47:321.1 - 1% tax
R.S. 47:331 - 0.97% tax 
R.S. 51:1286 - .03% tax (LA Tourism and Promotion District)
Present law provides for exemptions and exclusions to state sales and use taxes. Further, present law
provides for the applicability and effectiveness of certain exclusions and exemptions from the taxes
imposed under R.S. 47:302 and 321.1 for the time between July 1, 2016, and June 30, 2018.  
Present law provides for an exclusion from state sales and use taxes imposed under R.S. 47:302, 321,
and 331, for the purchase of gold, silver, or numismatic coins, or gold, silver, or platinum bullion. 
This exclusion in present law is not in effect for the state sales and use taxes imposed under R.S.
47:302 and 321.1.
Proposed law changes present law for the exclusion for the sale or purchase of platinum, gold, or
silver bullion to include platinum, gold, or silver bullion, ingots, and coins. 
Proposed law changes present law for effectiveness and applicability of the exclusion for the sale
or purchase of gold, silver, or platinum bullion by providing that the exclusion is effective and
applicable against all state sales and use taxes beginning Oct. 1, 2017. 
Proposed law changes present law for the exclusion for the sale or purchase of numismatic coins by
limiting the exclusion to coins that either have a sales price of $1,000 or less, or that are sold at a
national, statewide, or multi-parish numismatic trade show.  
Proposed law further changes present law for the exclusion for the sale or purchase of numismatic
coins by making the exclusion effective and applicable against all state sales and use taxes beginning
Oct. 1, 2017.  Effective upon signature of governor or lapse of time for gubernatorial action.
(Amends R.S. 47:301(16)(b)(ii), 302(AA)(intro para), and 321.1(F)(66)(intro. para.); Adds R.S.
47:302(AA)(29) and 321.1(F)(66)(u))
Summary of Amendments Adopted by House
The Committee Amendments Proposed by House Committee on Ways and Means to the original
bill:
1. Add a limitation on the exclusion for numismatic coins to those with a sales of $1,000
or less, or that are sold at a trade show. 
2. Change the exclusion for platinum, gold, and silver bullion to include silver ingots and
coins. 
3. Change the effectiveness of proposed law for applicability for the exclusion for coins
from June 1, 2017, to Oct. 1, 2017.
4. Change the effectiveness of proposed law for applicability for the exclusion for bullion
from June 1, 2017, to Oct. 1, 2017.