HLS 20RS-799 ORIGINAL 2020 Regular Session HOUSE CONCURRENT STUDY REQUEST NO. 2 BY REPRESENTATIVE BEAULLIEU FUNDS/FUNDING: Requests the House Ways and Means and the Senate Revenue and Fiscal Affairs Committees to study the feasibility of funding the ad valorem property taxes levied on business inventories 1 A CONCURRENT STUDY REQUEST 2To the House Committee on Ways and Means and the Senate Committee on Revenue and 3 Fiscal Affairs to meet and to function as a joint committee to study the feasibility of 4 working with local governments to fund the amounts of ad valorem property taxes 5 levied on inventories and to report the findings of the joint committee to the 6 legislature prior to the convening of the 2021 Regular Session. 7 WHEREAS, Louisiana is one of a minority of states that do not exempt inventory 8from ad valorem tax, and, instead, local governments levy and collect ad valorem taxes on 9inventory, and the businesses paying this tax are reimbursed by the state for the amount of 10the tax paid via a partially refundable tax credit on their state income and corporate franchise 11tax returns; and 12 WHEREAS, in Fiscal Year 2017-2018, the state paid approximately $307.5 million 13in inventory tax credits, in Fiscal Year 2018-2019 the state paid approximately $285.7 14million in inventory tax credits, and in Fiscal Year 2019-2020, the state estimates it will pay 15approximately $290.5 million in inventory tax credits to taxpayers claiming this credit on 16tax returns; and 17 WHEREAS, payment of the tax credit from current tax collections results in a direct 18reduction of state general funds with no legislative appropriation, oversight, or evaluation 19as a spending priority by the legislature; and Page 1 of 3 HLS 20RS-799 ORIGINAL HCSR NO. 2 1 WHEREAS, neither exempting inventory from taxation nor eliminating the credit 2is a viable solution because exempting inventory from local property tax without an 3alternative revenue source would harm the ability of local governments that rely on these 4taxes to provide essential services; and 5 WHEREAS, eliminating the inventory tax credit without addressing the ad valorem 6tax that is required to be levied pursuant to the state constitution would subject businesses 7that pay this tax to an unsustainable tax burden and could significantly decrease Louisiana's 8competitiveness; and 9 WHEREAS, since the state is reimbursing taxpayers for the amount of local ad 10valorem taxes they are paying to local governments, the state should explore the alternative 11of working with local governments to fund the amounts of ad valorem property taxes levied 12on inventories in order to relieve the burden placed on taxpayers required to pay this 13property tax; and 14 WHEREAS, in order for this alternative proposition to be successful, the state should 15consider the timing of the payment of ad valorem property taxes to local governments, the 16amount of property taxes that are offset by taxpayer liability, the fact that the state's fiscal 17responsibility for the payment of the inventory tax credit increases each fiscal year, and the 18total cost of such an alternative proposition to the state budget each year; and 19 WHEREAS, in order to fully understand all of the issues that may arise related to this 20alternative funding proposal, the committees should include testimony and input from all 21stakeholders including but not limited to local government officials and assessors, 22representatives from businesses that are subject to inventory taxes, the Department of 23Revenue, the Division of Administration, and any other interested groups and parties. 24 THEREFORE, the Legislature of Louisiana requests the House Committee on Ways 25and Means and the Senate Committee on Revenue and Fiscal Affairs to meet and to function 26as a joint committee to study the feasibility of working with local governments to fund the 27amounts of ad valorem property taxes levied on inventories and to report the findings of the 28joint committee to the legislature prior to the convening of the 2021 Regular Session. Page 2 of 3 HLS 20RS-799 ORIGINAL HCSR NO. 2 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)] HCSR 2 Original 2020 Regular Session Beaullieu Requests the House Committee on Ways and Means and the Senate Committee on Revenue and Fiscal Affairs to meet and to function as a joint committee to study the feasibility of working with local governments to fund the amounts of ad valorem property taxes levied on inventories and to report the findings of the joint committee to the legislature prior to the convening of the 2021 Regular Session. Page 3 of 3