HLS 21RS-929 ENGROSSED 2021 Regular Session HOUSE BILL NO. 506 BY REPRESENTATIVE BEAULLIEU TAX/INCOME TAX: Increases the amount of the net operating loss deduction 1 AN ACT 2To amend and reenact R.S. 47:287.69 and 287.86(A), relative to corporate income tax; to 3 provide for the net operating loss deduction; to provide for the amount of the 4 deduction; to provide for applicability; to provide for an effective date; to provide 5 for limitations; and to provide for related matters. 6Be it enacted by the Legislature of Louisiana: 7 Section 1. R.S. 47:287.69 and 287.86(A) are hereby amended and reenacted to read 8as follows: 9 §287.69. Louisiana taxable income defined 10 "Louisiana taxable income" means Louisiana net income, after adjustments, 11 less the federal income tax deduction allowed by R.S. 47:287.85. "After adjustments" 12 means after the application of the net operating loss adjustment deduction allowed 13 by R.S. 47:287.86. 14 * * * 15 §287.86. Net operating loss deduction 16 A.(1) Deduction from Louisiana net income. Except as otherwise provided, 17 for For all claims for this deduction on any return filed on or after July 1, 2015, for 18 taxable years beginning prior to January 1, 2021, regardless of the taxable year to 19 which the return relates, there shall be allowed for the taxable year a deduction 20 reducing Louisiana net income in an amount equal to seventy-two percent of the net Page 1 of 3 CODING: Words in struck through type are deletions from existing law; words underscored are additions. HLS 21RS-929 ENGROSSED HB NO. 506 1 operating loss carryovers to such year, but the deduction shall never exceed seventy- 2 two percent of Louisiana net income. 3 (2) For all claims for this deduction on any return for a taxable year 4 beginning on or after January 1, 2021, there shall be allowed for the taxable year a 5 deduction reducing Louisiana net income in an amount equal to eighty percent of the 6 amount of net operating loss carryovers to such year, but the deduction shall never 7 exceed eighty percent of Louisiana net income. 8 * * * 9 Section 2. The provisions of this Act shall be applicable to tax years beginning on 10or after January 1, 2021. 11 Section 3. This Act shall become effective upon signature by the governor or, if not 12signed by the governor, upon expiration of the time for bills to become law without signature 13by the governor, as provided by Article III, Section 18 of the Constitution of Louisiana. If 14vetoed by the governor and subsequently approved by the legislature, this Act shall become 15effective on the day following such approval. 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 506 Engrossed 2021 Regular Session Beaullieu Abstract: Increases the amount of the net operating loss deduction that may be claimed on returns filed for tax years beginning on or after Jan. 1, 2021, to 80% of the net operating loss carryovers for the taxable year. Present law authorizes a deduction reducing La. net income in an amount equal to 72% of the net operating loss carryovers for the taxable year for all claims on any return filed on or after July 1, 2015, regardless of the taxable year to which the return relates. Present law prohibits the amount of the deduction from exceeding 72% of the La. net income of the taxpayer. Proposed law increases the amount of the deduction for net operating losses for claims on any return for a taxable year beginning on or after Jan. 1, 2021, from 72% of the net operating loss carryovers for the taxable year to 80% of the net operating loss carryovers for the taxable year. Prohibits the amount of the deduction from exceeding 80% of the La. net income of the taxpayer. Present law authorizes a La. net loss to be carried over for 20 taxable years following the taxable year of the loss. Page 2 of 3 CODING: Words in struck through type are deletions from existing law; words underscored are additions. HLS 21RS-929 ENGROSSED HB NO. 506 Proposed law retains present law. Applicable to tax years beginning on or after Jan. 1, 2021. Effective upon signature of governor or lapse of time for gubernatorial action. (Amends R.S. 47:287.69 and 287.86(A)) Summary of Amendments Adopted by House The Committee Amendments Proposed by House Committee on Ways and Means to the original bill: 1. Change the amount of the net operating loss deduction in proposed law from 100% of the net operating loss carryovers for the taxable year to 80% of the net operating loss carryovers for the taxable year. 2. Prohibit the amount of the net operating loss deduction from exceeding 80% of the La. net income of the taxpayer. Page 3 of 3 CODING: Words in struck through type are deletions from existing law; words underscored are additions.