HLS 21RS-292 ENGROSSED 2021 Regular Session HOUSE BILL NO. 207 BY REPRESENTATIVE ZERINGUE TAX/INCOME TAX: (Constitutional Amendment) Provides for the rates and brackets for purposes of calculating income taxes and eliminates the mandatory deduction for federal income taxes paid for purposes of computing income taxes 1 A JOINT RESOLUTION 2Proposing to amend Article VII, Section 4(A) of the Constitution of Louisiana, relative to 3 income tax; to provide with respect to the rates and brackets for purposes of 4 calculating income taxes; to provide with respect to the deductibility of federal 5 income taxes paid for purposes of calculating state income taxes; to provide for 6 applicability; to provide for an effective date; to provide for submission of the 7 proposed amendment to the electors; and to provide for related matters. 8 Section 1. Be it resolved by the Legislature of Louisiana, two-thirds of the members 9elected to each house concurring, that there shall be submitted to the electors of the state of 10Louisiana, for their approval or rejection in the manner provided by law, a proposal to 11amend Article VII, Section 4(A) of the Constitution of Louisiana, to read as follows: 12 §4. Income Tax; Severance Tax; Political Subdivisions 13 Section 4.(A) Income Tax. Equal and uniform taxes may be levied on net 14 incomes, and these taxes may be graduated according to the amount of net income. 15 However, the The state individual and joint income tax schedule of rates and 16 brackets shall never exceed the rates and brackets set forth in Title 47 of the 17 Louisiana Revised Statutes on January 1, 2003. Federal income taxes paid shall be 18 allowed as a deductible item in computing state income taxes for the same period be 19 provided for in law. 20 * * * Page 1 of 3 CODING: Words in struck through type are deletions from existing law; words underscored are additions. HLS 21RS-292 ENGROSSED HB NO. 207 1 Section 2. Be it further resolved that the provision of the amendment contained in 2this Joint Resolution shall become effective January 1, 2023, and shall be applicable to tax 3years beginning on or after January 1, 2023. 4 Section 3. Be it further resolved that this proposed amendment shall be submitted 5to the electors of the state of Louisiana at the statewide election to be held on November 8, 62022. 7 Section 4. Be it further resolved that on the official ballot to be used at the election, 8there shall be printed a proposition, upon which the electors of the state shall be permitted 9to vote YES or NO, to amend the Constitution of Louisiana, which proposition shall read as 10follows: 11 Do you support an amendment to eliminate references to the maximum 12 individual income tax rates and brackets and instead specify that income tax 13 rates and brackets shall be established in law and to eliminate the mandatory 14 deduction for federal income taxes paid in computing state income taxes? 15 (January 1, 2023) (Amends Article VII, Section 4(A)) 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 207 Engrossed 2021 Regular Session Zeringue Abstract: Requires state income tax rates and brackets to be provided for in law and eliminates the deductibility of federal income taxes paid when computing state income taxes. Present constitution authorizes equal and uniform taxes to be levied on net individual and corporate income. Further authorizes the rates for these taxes to be graduated according to the amount of the taxpayer's net income; however, the state individual and joint income tax schedules of rates and brackets are prohibited from exceeding the rates and brackets as they existed on Jan. 1, 2003. Present constitution authorizes federal income taxes paid to be allowed as a deductible item in computing state income taxes for the same period. Proposed constitutional amendment changes present constitution by eliminating references to the maximum amount of the individual income tax rates and brackets and instead specifying that the rates and brackets of all income taxes shall be provided for in law. Additionally eliminates the deductibility of federal income taxes paid when computing state income tax liability. Page 2 of 3 CODING: Words in struck through type are deletions from existing law; words underscored are additions. HLS 21RS-292 ENGROSSED HB NO. 207 Effective Jan. 1, 2023, and applicable to tax years beginning on or after Jan. 1, 2023. Provides for submission of the proposed amendment to the voters at the statewide election to be held Nov. 8, 2022. (Amends Const. Art. VII, §4(A)) Page 3 of 3 CODING: Words in struck through type are deletions from existing law; words underscored are additions.