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 255 Engrossed 2023 Regular Session Landry
Abstract: Establishes a tax credit for restaurants that donate oyster shells to approved oyster shell
recycling programs or activities.
Proposed law authorizes a credit against La. income tax for restaurants that donate oyster shells for
beneficial use in accordance with the requirements of present law.
Proposed law provides that in order to be eligible for the credit in a taxable year, a restaurant
claiming the credit shall, during the taxable year, have donated oyster shell material to the Oyster
Shell Recycling Program of the Coalition to Restore Coastal Louisiana or any other oyster shell
recycling program or activity designated in rule by the Dept. of Revenue as an approved program or
activity.
Proposed law provides that the amount of the credit shall equal $1 for each 50-pound increment of
oyster shell material donated to a qualifying oyster shell recycling program or activity or $2,000,
whichever is less. Limits the total amount of credits that may be issued annually pursuant to
proposed law to $100,000.
Proposed law provides that if the amount of the credit exceeds the taxpayer's tax liability for the
taxable year, the excess credit amount shall constitute an overpayment which shall be refunded to
the taxpayer, thereby creating the tax credit as a refundable credit.
Proposed law provides for claiming of the credit by corporations, individuals, estates, trusts, and
partners or members of entities that are not taxed as corporations.
Proposed law requires the secretary of the Dept. of Revenue to promulgate administrative rules as
are necessary to implement proposed law. Requires that in developing these rules, the secretary of
the Dept. of Revenue shall engage and collaborate with the secretary of the Dept. of Wildlife and
Fisheries. Provides that recommendations of the secretary of the Dept. of Wildlife and Fisheries may
be included in any final rules designating approved oyster shell recycling programs and activities.
Proposed law applies to taxable periods beginning on or after Jan. 1, 2024.
Proposed law provides that no credits authorized therein may be claimed for any taxable year
beginning after Dec. 31, 2028.
(Adds R.S. 47:6043) Summary of Amendments Adopted by House
The Committee Amendments Proposed by House Committee on Ways and Means to the original
bill:
1. Limit the total amount of credits that may be issued annually pursuant to proposed law
to $100,000.
2. Provide that no credits authorized by proposed law may be claimed for any taxable year
beginning after Dec. 31, 2028.