Louisiana 2017 2017 Regular Session

Louisiana House Bill HB425 Introduced / Bill

                    HLS 17RS-843	ORIGINAL
2017 Regular Session
HOUSE BILL NO. 425
BY REPRESENTATIVE MAGEE
TAX CREDITS:  Removes the restriction against taxes paid under protest concerning claims
for the ad valorem tax credit for certain offshore vessels
1	AN ACT
2To amend and reenact R.S. 47:6006.1(A) and (D)(2), relative to tax credits; to provide with
3 respect to the tax credit for ad valorem taxes paid with respect to vessels in Outer
4 Continental Shelf Lands Waters; to provide for eligibility for claiming the credit; to
5 provide for effectiveness; and to provide for related matters.
6Be it enacted by the Legislature of Louisiana:
7 Section 1.  R.S. 47:6006.1(A) and (D)(2) are hereby amended and reenacted to read
8as follows: 
9 ยง6006.1.  Tax credits for taxes paid with respect to vessels in Outer Continental
10	Shelf Lands Act Waters
11	A.  There shall be allowed a credit against any Louisiana income or
12 corporation franchise tax for ad valorem taxes paid without protest to political
13 subdivisions on vessels in Outer Continental Shelf Lands Act Waters as certified to
14 the assessor pursuant to R.S. 47:1956(B) within the calendar year immediately
15 preceding the taxable year of assessment of such vessel.  For purposes of this
16 Section, ad valorem taxes shall be deemed to be paid to political subdivisions when
17 they are paid without protest either in money or by applying credits established
18 pursuant to R.S. 47:2108.1 R.S. 47:2132.
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CODING:  Words in struck through type are deletions from existing law; words underscored
are additions. HLS 17RS-843	ORIGINAL
HB NO. 425
1	D.
2	*          *          *
3	(2)  The acceptance by the sheriff and ex officio tax collector of the ad
4 valorem taxes paid without protest by a taxpayer as certified under R.S. 47:1956(B)
5 shall conclusively establish:  that such property was properly classified as a "vessel",
6 for purpose of this Section; that such vessel was "principally operated" in Outer
7 Continental Shelf Lands Act Waters during the applicable tax year; and that such
8 taxpayer shall be entitled to a credit or refund pursuant to this Section.
9	*          *          *
10 Section 2.  This Act shall become effective on July 1, 2017, and shall be applicable
11for taxable periods beginning on and after that date.
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 425 Original 2017 Regular Session	Magee
Abstract:  Removes the prohibition on eligibility for the tax credit for ad valorem taxes paid
with respect to vessels in Outer Continental Shelf Lands Act Waters in instances
where taxes were paid under protest.
Present law authorizes an income and corporation franchise tax credit for ad valorem taxes
paid without protest on vessels in Outer Continental Shelf Lands Act Waters which have
been certified by the taxpayer to the assessor as being principally located in such areas
within the calendar year immediately preceding the taxable year of assessment of the vessel. 
Proposed law changes present law by removing the restriction on eligibility for the credit for
taxes which have been paid under protest.
Effective July 1, 2017.
(Amends R.S. 47:6006.1(A) and (D)(2))
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CODING:  Words in struck through type are deletions from existing law; words underscored
are additions.