RÉSUMÉ DIGEST
ACT 88 (SB 293) 2022 Regular Session Allain
New law creates a state sales tax rebate for the purchase of certain agricultural fencing
materials by commercial farmers in order to provide tax relief for commercial farmers
recovering from the 2020 and 2021 hurricanes.
New law defines the following terms:
(1)"Agricultural fencing materials" means materials used for the enclosure of lands used
for agricultural purposes in the production of food and fiber. "Agricultural fencing
materials" shall only include materials used to replace or repair enclosures located
in federally declared disaster areas that were substantially damaged or destroyed by
the 2020 and 2021 hurricanes.
(2)"Commercial farmer" shall have the same meaning as defined in R.S. 47:301(30) but
limited to persons certified as a commercial farmer on or before January 1, 2022.
(3)"2020 and 2021 hurricanes" means Hurricane Laura, Hurricane Delta, Hurricane
Zeta, and Hurricane Ida.
New law prohibits the rebate for any portion of the purchase of agricultural fencing materials
that is paid for with insurance proceeds or state or federal funds, unless the state or federal
funds are reported as taxable income or are structured as repayable loans.
New law provides the rebate may be claimed only after the fencing repairs have been
completed and claimed no more than once per calendar year.
New law requires the Dept. of Revenue to process rebate applications.
New law requires a purchaser who claims a rebate to submit documentation to the secretary
evidencing the purchase of agricultural fencing materials and documentation evidencing the
fencing was substantially damaged or destroyed in the 2020 and 2021 hurricanes.
New law authorizes the secretary to promulgate rules in accordance with the APA to
implement the provisions of new law.
New law prohibits rebates for purchases made after December 31, 2022.
New law prohibits rebates for applications submitted after December 31, 2023.
Effective May 24, 2022.
(Adds R.S. 47:305.77)