ENROLLED 2021 Regular Session HOUSE BILL NO. 50 BY REPRESENTATIVE STEFANSKI AND SENATORS ABRAHAM AND HENSGENS 1 AN ACT 2 To enact R.S. 47:301(7)(m), 302(BB)(114), 321(P)(115), 321.1(I)(115), and 331(V)(115), 3 relative to state sales and use tax; to provide for a state sales and use tax exclusion 4 for certain leases or rentals of items of tangible personal property; to provide for 5 definitions; to provide for an effective date; and to provide for related matters. 6 Be it enacted by the Legislature of Louisiana: 7 Section 1. R.S. 47:301(7)(m), 302(BB)(114), 321(P)(115), 321.1(I)(115), and 8 331(V)(115) are hereby enacted to read as follows: 9 §301. Definitions 10 As used in this Chapter the following words, terms, and phrases have the 11 meanings ascribed to them in this Section, unless the context clearly indicates a 12 different meaning: 13 * * * 14 (7) 15 * * * 16 (m)(i) For purposes of any sales, use, lease, or rental tax, the term "lease or 17 rental" shall not mean or include the lease or rental of any item of tangible personal 18 property by a short-term equipment rental dealer for the purpose of re-lease or re- 19 rental. 20 (ii) For purposes of this Subparagraph, "short-term equipment rental dealer" 21 shall mean a person or entity whose principal business is the short-term rental of 22 tangible personal property classified under the code numbers 532412 and 532310 of Page 1 of 3 CODING: Words in struck through type are deletions from existing law; words underscored are additions. HB NO. 50 ENROLLED 1 the North American Industry Classification System published by the United States 2 Bureau of the Census. 3 (iii) For purposes of this Subparagraph, "short-term rental" shall mean the 4 rental of an item of tangible personal property for a period of less than three hundred 5 sixty-five days, for an undefined period, or under an open-ended agreement. 6 * * * 7 §302. Imposition of tax 8 * * * 9 BB. Notwithstanding any other provision of law to the contrary, including 10 but not limited to any contrary provisions of this Chapter, beginning July 1, 2018, 11 through June 30, 2025, there shall be no exemptions and no exclusions to the tax 12 levied pursuant to the provisions of this Section, except for the retail sale, use, 13 consumption, distribution, or storage for use or consumption of the following: 14 * * * 15 (114) Leases or rentals by a short-term equipment rental dealer for the 16 purpose of re-lease or re-rental as provided in R.S. 47:301(7)(m). 17 * * * 18 §321. Imposition of tax 19 * * * 20 P. Notwithstanding any other provision of law to the contrary, including but 21 not limited to any contrary provisions of this Chapter, beginning July 1, 2018, 22 through June 30, 2025, there shall be no exemptions and no exclusions to the tax 23 levied pursuant to the provisions of this Section, except for the retail sale, use, 24 consumption, distribution, or storage for use or consumption of the following: 25 * * * 26 (115) Leases or rentals by a short-term equipment rental dealer for the 27 purpose of re-lease or re-rental as provided in R.S. 47:301(7)(m). 28 * * * 29 §321.1. Imposition of tax 30 * * * Page 2 of 3 CODING: Words in struck through type are deletions from existing law; words underscored are additions. HB NO. 50 ENROLLED 1 I. Notwithstanding any other provision of law to the contrary, including but 2 not limited to any contrary provisions of this Chapter, beginning July 1, 2018, 3 through June 30, 2025, there shall be no exemptions and no exclusions to the tax 4 levied pursuant to the provisions of this Section, except for the retail sale, use, 5 consumption, distribution, or storage for use or consumption of the following: 6 * * * 7 (115) Leases or rentals by a short-term equipment rental dealer for the 8 purpose of re-lease or re-rental as provided in R.S. 47:301(7)(m). 9 * * * 10 §331. Imposition of tax 11 * * * 12 V. Notwithstanding any other provision of law to the contrary, including but 13 not limited to any contrary provisions of this Chapter, beginning July 1, 2018, 14 through June 30, 2025, there shall be no exemptions and no exclusions to the tax 15 levied pursuant to the provisions of this Section, except for the retail sale, use, 16 consumption, distribution, or storage for use or consumption of the following: 17 * * * 18 (115) Leases or rentals by a short-term equipment rental dealer for the 19 purpose of re-lease or re-rental as provided in R.S. 47:301(7)(m). 20 * * * 21 Section 2. This Act shall become effective October 1, 2021. SPEAKER OF THE HOUSE OF REPRESENTATIVES PRESIDENT OF THE SENATE GOVERNOR OF THE STATE OF LOUISIANA APPROVED: Page 3 of 3 CODING: Words in struck through type are deletions from existing law; words underscored are additions.