HLS 181ES-58 ORIGINAL
2018 First Extraordinary Session
HOUSE BILL NO. 21
BY REPRESENTATIVE LEGER
TAX/CORP INCOME: Reduces the amount of certain corporate income tax deductions and
provides for continued effectiveness of reductions to certain corporate income tax
deductions and exclusions (Item #4)
1 AN ACT
2To amend and reenact R.S. 47:158(C) and (D) and 287.745(B) and Section 6 of Act No. 123
3 of the 2015 Regular Session of the Legislature and to repeal Sections 3 and 4 of Act
4 No. 123 of the 2015 Regular Session of the Legislature, relative to corporate income
5 tax; to provide relative to certain exclusions, exemptions, and deductions; to provide
6 for continued effectiveness of reductions; to provide for an effective date; and to
7 provide for related matters.
8Be it enacted by the Legislature of Louisiana:
9 Section 1. R.S. 47:158(C) and (D) and 287.45(B) are hereby amended and reenacted
10to read as follows:
11 §158. Basis for depletion
12 * * *
13 C. Percentage depletion for oil and gas wells. In the case of oil and gas wells
14 the allowance for depletion under R.S. 47:66 shall be fifteen and eight-tenths of one
15 sixteen percent of the gross income from the property during the taxable year,
16 excluding from such gross income an amount equal to eighty percent of any rents or
17 royalties paid or incurred by the taxpayer in respect of the property. Such allowance
18 shall not exceed thirty-six percent of the net income of the taxpayer, computed
19 without allowance for depletion, from the property except that in no case shall the
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HB NO. 21
1 depletion allowance under R.S. 47:66 be less than it would be if computed without
2 reference to this Subsection.
3 D. Percentage depletion for coal and metal mines and sulphur. The
4 allowance for depletion under R.S. 47:66 shall be, in the case of coal mines, three
5 and six-tenths of one four percent, in the case of metal mines, ten and eight-tenths
6 of one eleven percent, and in the case of sulphur mines or deposits, fifteen and eight-
7 tenths of one sixteen percent, of the gross income from the property during the
8 taxable year, excluding from such gross income an amount equal to seventy-two
9 percent of any rents or royalties paid or incurred by the taxpayer in respect of the
10 property. Such allowance shall not exceed thirty-six percent of the net income of the
11 taxpayer , computed without allowance for depletion from the property. A taxpayer
12 making his first return under this Chapter or under Act 21 of 1934 in respect of a
13 property, shall state whether he elects to have the depletion allowance for such
14 property for the taxable year for which the return is made computed with or without
15 regard to percentage depletion, and the depletion allowance in respect of such
16 property for such year and all succeeding taxable years shall be computed according
17 to the election thus made. If the taxpayer fails to make such statement in the return,
18 the depletion allowance for such property for all taxable years shall be computed
19 without reference to percentage depletion. This Subsection shall not be construed
20 as granting a new election to any taxpayer relative to any property with respect to
21 which he has filed a return under Act 21 of 1934.
22 * * *
23 §287.745. Deductions from gross income; depletion
24 * * *
25 B. In the case of oil and gas wells, the percentage depletion provided for in
26 Subsection A shall be fifteen and eight-tenths of one sixteen percent of gross income
27 from the property during the taxable year, excluding from such gross income an
28 amount equal to seventy-two percent of any rents or royalties paid or incurred by the
29 taxpayer in respect of the property. Such allowance shall not exceed thirty-six
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HB NO. 21
1 percent of the net income of the taxpayer, computed without allowance for depletion,
2 from the property. In determining net income from the property, federal income
3 taxes shall be considered an expense.
4 * * *
5 Section 2. Section 6 of Act No. 123 of the 2015 Regular Session of the Legislature
6is hereby amended and reenacted to read as follows:
7 * * *
8 Section 6. The provisions of Sections 1 and 2 of this Act shall become
9 effective on July 1, 2015, and shall remain effective through June 30, 2018. The
10 provisions of Sections 3 and 4 of this Act shall become effective on July 1, 2018.
11 * * *
12 Section 3. Sections 3 and 4 of Act No. 123 of the 2015 Regular Session of the
13Legislature are hereby repealed in their entirety.
14 Section 4. This Act shall become effective upon signature by the governor or, if not
15signed by the governor, upon expiration of the time for bills to become law without signature
16by the governor, as provided by Article III, Section 18 of the Constitution of Louisiana. If
17vetoed by the governor and subsequently approved by the legislature, this Act shall become
18effective 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 21 Original 2018 First Extraordinary Session Leger
Abstract: Repeals the sunset for various reductions in corporate income tax exclusions and
deductions thereby making the reductions permanent.
Previous Act of the legislature (Act No. 123 of 2015 R.S.) temporarily reduced certain
allowable exclusions and deductions from corporate income tax. Present law provides that
those exclusions and deductions return to their former rates effective July 1, 2018.
Proposed law removes provision for return to the former rates, thereby making the following
2015 reductions permanent:
(1)Exclusion of funds received by a corporation from a governmental entity to subsidize
the operation and maintenance of a public transportation system; 72% exclusion is
retained rather than return to 100%. (R.S. 47:51)
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(2)Deduction of net operating loss of a corporation; 72% deduction is retained rather
than return to 100%. (R.S. 47:246)
(3)Exclusion of funds received from a governmental entity to subsidize the operation
and maintenance of a public transportation system; 72% deduction is retained rather
than return to 100%. (R.S. 47:287.71)
(4)Deduction of various corporate expenses that are not allowed as deductions by I.R.C.
Section 280C; 72% deduction is retained rather than return to 100%. (R.S.
47:287.73)
(5)Deduction of net operating loss incurred in La.; 72% deduction is retained rather than
return to 100%. (R.S. 47:287.86)
(6)Deduction of an amount equal to interest and dividend income included on the
federal income tax return; 72% deduction is retained rather than return to 100%.
(R.S. 47:287.738)
(7)Exemption from corporation income and franchise taxes for certain La. Community
Development Institutions; a four-year exemption is retained rather than return to five
years. (R.S. 51:3092)
Present law provides that the allowance for depletion for oil and gas wells is 15.8% of the
gross income from the property during the taxable year. Proposed law changes that rate
from 15.8% to 16%. Present law, effective now, provides that 80% of rents or royalties paid
by the taxpayer are excluded from income in calculating the depletion and that this
allowance shall not exceed 36% of the net income of the taxpayer. Present law, effective
July 1, 2018, provides that: the depletion allowance is 22%; 100% of rents or royalties paid
by the taxpayer are excluded from income; and this allowance shall not exceed 50% of the
net income of the taxpayer. Proposed law repeals present law that would become effective
July 1, 2018, thereby retaining present law as currently effective. (R.S. 47:158(C))
Proposed law, relative to the allowance for depletion for certain mines, changes the rate for
coal mines from 3.6% to 4%; for metal mines from 10.8% to 11%; and for sulphur mines
from 15.8% to 16%. Present law, effective now, provides that 72% of rents or royalties paid
by the taxpayer are excluded from income in calculating the depletion and that this
allowance shall not exceed 36% of the net income of the taxpayer. Present law, effective
July 1, 2018, provides that: the depletion allowances are 5% for coal mines, 15% for metal
mines, and 23% for sulphur mines; 100% of rents or royalties paid by the taxpayer are
excluded from income; and this allowance shall not exceed 50% of the net income of the
taxpayer. Proposed law repeals present law that would become effective July 1, 2018,
thereby retaining present law as currently effective. (R.S. 47:158(D))
Present law provides that the deduction from gross income tax for depletion for oil and gas
wells is 15.8% of the gross income from the property during the taxable year. Proposed law
changes that rate from 15.8% to 16%. Present law, effective now, provides that 72% of rents
or royalties paid by the taxpayer are excluded from income in calculating the depletion and
that this allowance shall not exceed 36% of the net income of the taxpayer. Present law,
effective July 1, 2018, provides that: the depletion deduction is 22%; 100% of rents or
royalties paid by the taxpayer are excluded from income; and that this allowance shall not
exceed 50% of the net income of the taxpayer. Proposed law repeals present law that would
become effective July 1, 2018, thereby retaining present law as currently effective. (R.S.
47:287.745(B))
Effective upon signature of governor or lapse of time for gubernatorial action.
(Amends R.S. 47:158(C) and (D) and 287.745(B) and §6 of Act No. 123 of 2015 R.S.;
Repeals §§3 and 4 of Act No. 123 of 2015 R.S.)
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