Louisiana 2023 Regular Session

Louisiana Senate Bill SB9

Introduced
2/8/23  
Introduced
2/8/23  
Refer
2/8/23  
Refer
2/8/23  
Refer
4/10/23  
Refer
4/10/23  
Report Pass
5/1/23  
Report Pass
5/1/23  
Engrossed
5/8/23  
Refer
5/9/23  
Refer
5/9/23  
Report Pass
5/23/23  
Report Pass
5/23/23  
Enrolled
6/6/23  
Enrolled
6/6/23  
Chaptered
6/27/23  
Passed
6/27/23  

Caption

Exempts certain real estate investment trusts from the corporate franchise tax. (gov sig) (EN DECREASE GF RV See Note)

Impact

The enactment of SB 9 is likely to have significant implications for taxation within the state. It will alter the framework of corporate taxation by creating exemptions for a specific class of limited liability companies involved in real estate investments. This change aims to encourage the influx of investments into the real estate market, especially in instances where tax-exempt organizations are involved. As a result, the state may potentially see a shift in its tax revenue structure, focusing on incentivizing investment over comprehensive taxation of these entities.

Summary

Senate Bill 9 is a legislative act aimed at amending the provisions related to the corporation franchise tax in Louisiana. Specifically, it seeks to exempt limited liability companies that elect to be taxed as real estate investment trusts (REITs) for federal purposes from the franchise tax, provided that one hundred percent of their shares are owned by a tax-exempt organization. The legislation intends to foster a more favorable tax environment for entities that meet these criteria, thereby promoting investment in real estate sectors that include contributions from tax-exempt organizations.

Sentiment

General sentiment surrounding SB 9 appears to be supportive among stakeholders in the real estate and investment communities, as it directly addresses their financial burdens concerning franchise taxation. Proponents may argue that such exemptions foster economic development and enhance the attractiveness of the state for REIT activities. However, concerns could arise from critics regarding the fairness of offering tax incentives to certain entities, which may lead to disparities in tax responsibilities among businesses operating in Louisiana.

Contention

Notable points of contention around SB 9 could include the debate about tax fairness and equity. While proponents argue that the bill will stimulate economic growth and serve public interests by promoting investment, opponents may express concerns regarding the potential loss of tax revenue for state programs as a result of these exemptions. The discussions around the bill may highlight a broader issue in how tax structures can favor specific industries or organizational types, invoking arguments about the appropriate balance between fostering growth and maintaining robust state funding.

Companion Bills

No companion bills found.

Previously Filed As

LA HB248

Provides relative to exemptions from the corporation franchise tax (OR DECREASE GF RV See Note)

LA SB113

Provides relative to entities that are exempt from the corporation franchise tax. (1/1/18) (RE DECREASE GF RV See Note)

LA HB214

Repeals individual income, corporate income, and corporate franchise taxes and repeals all credits, deductions, exemptions, and exclusions from the taxes (OR DECREASE GF RV See Note)

LA HB64

Repeals the corporate income tax and franchise taxes and prohibits certain corporate taxpayers from claiming certain refundable tax credits (Items #43 & 44) (OR DECREASE GF RV See Note)

LA HB543

Repeals individual income, corporate income, and corporate franchise taxes and repeals all credits, deductions, exemptions, and exclusions from the tax (OR DECREASE GF RV See Note)

LA HB387

Repeals the corporation franchise tax and removes eligibility of certain tax credits to be claimed against corporation franchise tax (OR -$324,000,000 GF RV See Note)

LA HB523

Phases-out the corporate franchise tax and repeals certain income and corporate franchise tax credits (OR -$34,000,000 GF RV See Note)

LA HB520

Phases-out the corporation income and franchise taxes and reduces the amount of exemptions, deductions, and credits that may be claimed to reduce corporate income and franchise tax liability (OR DECREASE GF RV See Note)

LA SB1

Phases-out the corporate franchise tax. (See Act) (EN -$163,000,000 GF RV See Note)

LA HB363

Phases-out the corporation income and franchise taxes and reduces the amount of exemptions, deductions, and credits that may be claimed to reduce corporate income and franchise tax liability (OR -$644,000,000 RV See Note)

Similar Bills

No similar bills found.