Louisiana House Bill HB94

Louisiana 2016 1st Special Session

• Introduced: 2/18/16
• Refer: 2/18/16

Caption

Provides for the extent of the sales and use tax exemption for business utilities (Item #16) (OR SEE FISC NOTE GF RV)

Impact

The amendment envisions a tax structure where businesses will face a graduated sales tax based on the price of natural gas, effective from April 1, 2016. If natural gas pricing remains low (at or below $4.50 per million BTU), businesses will be fully subject to the sales tax, whereas higher prices will diminish the taxable percentage of utilities. This approach to taxation could incentivize businesses to manage their utility use more strategically in terms of timing purchases to coincide with more favorable pricing. Policymakers anticipate that this change will necessitate ongoing monitoring of energy markets and possible shifts in operational strategies for industries heavily reliant on these resources.

Summary

House Bill 94 aims to revise the extent of state sales and use tax exemptions specifically for business utilities with a focus on natural gas pricing. The proposed law seeks to eliminate various tax exclusions previously available to businesses while concurrently re-establishing tax exemptions as determined by the fluctuating price of natural gas. The bill establishes specific thresholds for tax exemption based on the spot price of natural gas, making the tax implication variable depending on market conditions. As such, businesses will be taxed differently based on the cost of natural gas at the time of purchase, creating a potentially significant impact on operational costs for various industries relying on these utilities.

Sentiment

The sentiment surrounding HB94 is mixed. Proponents argue that the bill reflects a sustainable tax framework that aligns tax obligations with current energy market realities, reducing the burden during periods of high gas prices. Opponents, however, express concerns that removing the previous exclusions may lead to higher overall costs for businesses, particularly for industries sensitive to energy prices. The transition to a tax regime based on volatile natural gas prices raises apprehensions about unpredictability in costs that could deter long-term business decisions or investments.

Contention

Notable points of contention include the argument about how this bill might disproportionately affect small businesses compared to larger entities that could absorb variable costs. Additionally, the repeal of previous exclusions—including certain sales of materials historically exempt from taxation—has sparked debates on the potential consequences for specific sectors, especially within the manufacturing and industrial realms. As business interests emerge on both sides of the debate, there are discussions regarding the balance of tax policy goals and the ability of industries to adapt to a changing fiscal environment.