HLS 181ES-78 ORIGINAL
2018 First Extraordinary Session
HOUSE BILL NO. 10
BY REPRESENTATIVE JAMES
TAX/INCOME TAX: Modifies the term "federal income tax liability" to include certain
federal net disaster losses (Item #9)
1 AN ACT
2To enact R.S. 47:293(4)(d), relative to individual income tax; to define federal income tax
3 liability for purposes of calculating individual income tax liability; to require certain
4 federal disaster losses to be included in the calculation of federal income tax liability;
5 to provide for applicability; to provide for an effective date; and to provide for
6 related matters.
7Be it enacted by the Legislature of Louisiana:
8 Section 1. R.S. 47:293(4)(d) is hereby enacted to read as follows:
9 ยง293. Definitions
10 The following definitions shall apply throughout this Part, unless the context
11 requires otherwise:
12 * * *
13 (4) "Federal income tax liability", for the purpose of this Part, means the
14 total amount of tax due to the United States for the taxable period on the individual
15 income tax return required to be filed by any taxpayer, except that:
16 * * *
17 (d) For taxable periods beginning after December 31, 2015, and before
18 January 1, 2018, federal income tax liability shall be increased by the amount by
19 which an individual's federal income tax due to the United States for the taxable
20 period was decreased as a result of claiming the federal standard deduction or federal
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions. HLS 181ES-78 ORIGINAL
HB NO. 10
1 itemized deduction for certain net disaster losses as provided by Section 11028 of
2 United States Public Law 115-97.
3 * * *
4 Section 2. The provisions of Section 1 of this Act shall be retroactive and shall be
5applicable to tax years beginning on January 1, 2016, but before January 1, 2018.
6 Section 3. This Act shall become effective upon signature by the governor or, if not
7signed by the governor, upon expiration of the time for bills to become law without signature
8by the governor, as provided by Article III, Section 18 of the Constitution of Louisiana. If
9vetoed by the governor and subsequently approved by the legislature, this Act shall become
10effective 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 10 Original 2018 First Extraordinary Session James
Abstract: Modifies the definition of "federal income tax liability" to include amounts for
which an individual's federal income tax liability was decreased as a result of
claiming the federal standard deduction or federal itemized deduction for certain net
disaster losses as provided in federal law.
Present law defines "federal income tax liability", for purposes of the individual income tax,
as the total amount of tax due to the U.S. for the taxable period on the individual income tax
return required to be filed by any taxpayer, excluding social security and self-employment
taxes.
Present law requires federal income tax liability to be increased by federal income tax credits
determined by the secretary to be disaster relief credits.
Present law prohibits federal income tax rebates and credits received by a taxpayer for the
2008 tax year in accordance with federal law from reducing federal income tax liability.
Proposed law retains present law but requires that for taxable periods beginning after Dec.
31, 2015, and before Jan. 1, 2018, that federal income tax liability be increased by the
amount to which an individual's federal income tax due to the U.S. for the taxable period was
decreased as a result of claiming the federal standard deduction or federal itemized
deduction for certain net disaster losses as provided in federal law.
Provisions of proposed law shall be retroactive and shall be applicable to tax years beginning
Jan. 1, 2016, but before Jan. 1, 2018.
Effective upon signature of governor or lapse of time for gubernatorial action.
(Adds R.S. 47:293(4)(d))
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions.