HLS 21RS-730 ORIGINAL 2021 Regular Session HOUSE BILL NO. 488 BY REPRESENTATIVE PRESSLY TAX/INCOME TAX: (Constitutional Amendment) Establishes the maximum rate for purposes of calculating individual income taxes and repeals the mandatory deduction for federal income taxes paid 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 individual income taxes; to establish the maximum individual income tax 5 rate; to eliminate the limitation on individual income tax brackets; to provide with 6 respect to the mandatory deductibility of federal income taxes paid for purposes of 7 calculating state income taxes; to provide for applicability; to provide for an 8 effective date; to provide for submission of the proposed amendment to the electors; 9 and to provide for related matters. 10 Section 1. Be it resolved by the Legislature of Louisiana, two-thirds of the members 11elected to each house concurring, that there shall be submitted to the electors of the state of 12Louisiana, for their approval or rejection in the manner provided by law, a proposal to 13amend Article VII, Section 4(A) of the Constitution of Louisiana, to read as follows: 14 §4. Income Tax; Severance Tax; Political Subdivisions 15 Section 4.(A) Income Tax. Equal and uniform taxes may be levied on net 16 incomes, and these taxes may be graduated according to the amount of net income. 17 However, the The state individual and joint income tax schedule of rates and 18 brackets shall never exceed the rates and brackets set forth in Title 47 of the 19 Louisiana Revised Statutes on January 1, 2003. Federal income taxes paid shall be Page 1 of 3 CODING: Words in struck through type are deletions from existing law; words underscored are additions. HLS 21RS-730 ORIGINAL HB NO. 488 1 allowed as a deductible item in computing state income taxes for the same period be 2 provided for in law; however, the maximum rate for individual income tax shall not 3 exceed four percent on net income. 4 * * * 5 Section 2. Be it further resolved that the provision of the amendment contained in 6this Joint Resolution shall become effective January 1, 2023, and shall be applicable to tax 7years beginning on or after January 1, 2023. 8 Section 3. Be it further resolved that this proposed amendment shall be submitted 9to the electors of the state of Louisiana at the statewide election to be held on November 8, 102022. 11 Section 4. Be it further resolved that on the official ballot to be used at the election, 12there shall be printed a proposition, upon which the electors of the state shall be permitted 13to vote YES or NO, to amend the Constitution of Louisiana, which proposition shall read as 14follows: 15 Do you support an amendment to establish the maximum individual income 16 tax rate of four percent on net income, to eliminate the current limitation on 17 individual income tax brackets, and to eliminate the mandatory deduction for 18 federal income taxes paid in computing state income taxes? (January 1, 2023) 19 (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 488 Original 2021 Regular Session Pressly Abstract: Establishes the maximum individual income tax rate of 4% on net income, eliminates the current limitation on individual income tax brackets, and eliminates the mandatory deduction 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 schedule of rates and brackets are prohibited from exceeding the rates and brackets as they existed on Jan. 1, 2003. Page 2 of 3 CODING: Words in struck through type are deletions from existing law; words underscored are additions. HLS 21RS-730 ORIGINAL HB NO. 488 Present constitution requires 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 providing for the establishment of income tax rates and brackets in law but limiting the maximum individual income tax rate at 4% on net income. Proposed constitutional amendment eliminates the mandatory deduction of federal income taxes paid when computing state income tax liability. 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.