Louisiana 2018 2018 1st Special Session

Louisiana House Bill HB28 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 28 Original 2018 First Extraordinary Session	Smith
Abstract: Levies a tax on prepaid mobile devices and prepaid mobile device cards.
Present law levies a tax of  4.5¢ per month on residential and business customer telephone access
lines of local exchange companies operating in La.  The tax is collected by the telecommunications
company and remitted to the Dept. of Revenue (DOR) on or before 30 days after the close of each
calendar quarter on forms prescribed by the secretary.  Present law exempts wireless devices used
only for data purposes and prepaid wireless devices from the tax.
Proposed law repeals the present law tax exemption for prepaid wireless devices.
Proposed law levies a tax on prepaid mobile devices and prepaid mobile device cards.  The amount
of the tax varies as follows:
(1)For purchases that equal less than $10, the tax shall equal 50¢  per retail transaction.
(2)For purchases that equal at least $10, but less than $20, the tax shall equal $1 per retail
transaction.
(3)For purchases that equal more than $20, the tax shall equal $2 per retail transaction.
Proposed law requires the seller of prepaid mobile devices or prepaid mobile device cards to collect
the tax pursuant to proposed law from each purchaser and to remit the tax to DOR in accordance
with present law.  Further requires the amount of the tax to be separately stated on an invoice or
other similar document provided to the consumer or to otherwise disclose the amount of the tax to
the consumer.
Present law authorizes a deduction not to exceed 3% from the amount of tax collected each month
by telecommunication service companies collecting and remitting the tax as compensation for
collection of the tax. 
Proposed law retains present law and extends the 3% deduction to sellers of prepaid mobile devices
or prepaid mobile device cards as compensation for collection and remittance of the tax. 
Present law requires, after satisfaction of the requirements of the Bond Security and Redemption
Fund, monies from the tax to be deposited into the "Telecommunications for the Deaf Fund" to be
used to establish, administer, and promote a statewide program to provide accessibility services and assistive technology for persons who are deaf, deaf/blind, hard of hearing, speech impaired, or others
with similar disabilities or impairments.
Proposed law retains present law.
Effective July 1, 2018.
(Amends R.S. 47:1061(A)(1) and (2))