Provides for methods of determining income subject to the corporation income tax (EG INCREASE GF RV See Note)
Impact
If enacted, HB 775 would significantly impact how corporations compute their taxable income in Louisiana, particularly those engaged in a unitary business. The provisions of the bill necessitate a comprehensive reporting mechanism that captures the financial activities of the combined group. This change is expected to prevent tax base erosion and enhance state revenues by closing loopholes that large corporations historically exploited to minimize their tax burdens. The legislature anticipates that this reform will lead to a more equitable distribution of tax responsibilities among corporations operating within the state.
Summary
House Bill 775 focuses on establishing methods to determine income subject to the corporation income tax within Louisiana. This includes adopting the unitary business principle, which allows corporations with interconnected operations to report their collective taxable income. The bill introduces a combined reporting requirement, ensuring that all members of a unitary group report their income as a single entity, thus creating a clearer picture of the tax liabilities among interrelated corporations. This change aims to enhance tax fairness and address issues related to tax avoidance practices by large multinational corporations operating in the state.
Sentiment
The general sentiment surrounding HB 775 appears to be cautiously optimistic among proponents who believe that the bill addresses critical issues of tax equity and ensures that corporations contribute their fair share. Business groups, however, have raised concerns about the potential administrative burdens and complexities that a combined reporting requirement could impose. Critics warn that while the intention is to create equity, the new regulations could result in unintended consequences, making tax compliance more challenging for some businesses.
Contention
Notable points of contention include the implications of defining what constitutes a unitary business and the potential threshold for determining income apportionment for corporations. Concerns have also been raised about the classification of certain jurisdictions as tax havens, which might affect the financial processing of companies operating in those areas. There is a palpable fear among some sectors that the extended reporting and compliance demands may disproportionately burden small to mid-sized businesses compared to larger corporations more capable of absorbing these costs.
Requires corporations subject to Louisiana income or franchise tax which have either corporate gross revenues everywhere of $8 billion or $8 million of assets everywhere to file combined returns and limits their NOL deduction to 50% of tax liability. (gov sig) (EG INCREASE GF RV See Note)
Requires pro forma income tax returns relative to the potential for the use of a combined unitary reporting system as a method of income apportionment (EG NO IMPACT GF RV See Note)
Authorizes the secretary of the Department of Revenue's authority to add back certain deductible expenses of corporations subject to Louisiana income or franchise tax which have either corporate gross revenues everywhere of $8 billion or $8 million of assets everywhere in order to calculate the corporation's income. (gov sig) (OR INCREASE GF RV See Note)
Provides relative to the apportionment ratio for purposes of computing corporate income tax and provides for the sourcing of sales (Item #44) (EN INCREASE GF RV See Note)
Extends the single sales factor for computation of corporate income and franchise taxes for manufacturing or merchandising to other qualified businesses through establishment of the Corporate Tax Apportionment Program (EN DECREASE GF RV See Note)
Establishes the Corporate Tax Apportionment Program for the granting of contracts for certain businesses to utilize the single sales factor to compute their taxable for income tax purposes and their taxable capital for franchise tax purposes. (7/1/12) (EG DECREASE GF RV See Note)