Louisiana 2016 Regular Session

Louisiana House Bill HB981

Introduced
4/4/16  
Introduced
4/4/16  
Refer
4/5/16  

Caption

Requires collection of advance payment of the state sales and use tax by certain tobacco and alcoholic beverage wholesalers (OR SEE FISC NOTE GF RV See Note)

Impact

The enactment of HB 981 affects state law by specifying the obligations of wholesalers concerning sales tax collection on tobacco and alcoholic beverages. It prohibits local governing bodies from imposing their own requirements for advance collection of sales taxes, thereby centralizing this responsibility at the state level. Additionally, the legislation establishes penalties for wholesalers who absorb the tax, classifying it as a misdemeanor which can result in fines or imprisonment. This shift can have significant implications for the way local governments manage and enforce tax regulations related to alcohol and tobacco sales.

Summary

House Bill 981 requires certain wholesale dealers of tobacco and alcoholic beverages to collect and remit advance payments of the state sales tax. This bill establishes that wholesalers shall collect an amount equal to the sales tax that the dealer is required to collect at retail. The rationale behind this legislation is to streamline the collection process of sales tax and to ensure revenue is captured in advance by wholesalers before the sale occurs. It adds a layer of structure to tax collection for products that have traditionally been managed differently.

Sentiment

The sentiment around HB 981 appears to be mixed, reflecting concerns about maintaining local control over tax policies versus the efficiency of a state-mandated approach. Supporters may view this bill as a necessary measure for compliance and financial management among wholesalers. On the other hand, some stakeholders worry about the restrictions on local authorities, arguing that such a centralization might overlook the needs of specific communities. As with many tax-related bills, the discussion surrounding HB 981 is likely to draw attention from various advocacy groups and industry representatives.

Contention

Key points of contention likely stem from the prohibition of local governing bodies in the collection of advance sales tax from wholesalers. Critics may argue that this undermines local authority and flexibility, while proponents claim that it fosters a more uniform approach that could reduce administrative burdens. The penalties outlined for tax absorption also create a more stringent environment for wholesalers, raising concerns about the potential for legal disputes over interpretation and implementation. The balance between effective tax collection and local autonomy could be a crucial factor in debates surrounding this legislation.

Companion Bills

No companion bills found.

Previously Filed As

LA HB105

Requires the advance payment of sales tax by certain tobacco and alcoholic beverage wholesalers (Item #35) (OR INCREASE GF RV See Note)

LA HB63

Requires the advanced collection of state sales and use tax (RE INCREASE GF RV See Note)

LA HB605

Requires the advance payment of sales tax (OR SEE FISC NOTE GF RV)

LA HB54

Requires the advance payment of sales tax (Item #35) (EG1 SEE FISC NOTE GF RV)

LA HB65

Requires the advance payment of sales tax (Item #35) (OR INCREASE GF RV See Note)

LA HB93

Provide with respect to the payment of advance sales tax (Item #35) (OR INCREASE GF RV See Note)

LA HB96

Provide for the collection of sales and use taxes due on sales made in Louisiana by a remote dealer (OR SEE FISC NOTE GF RV)

LA HB355

Authorizes the secretary of the Department of Revenue to waive certain penalties associated with the payment of taxes on certain alcoholic beverages (EN SEE FISC NOTE SG RV See Note)

LA HB653

To provide for the payment of a vendor's compensation for the state sales and use tax collection and to dedicate certain state sales tax revenues (EN +$4,300,000 GF RV See Note)

LA HB574

Increases the state excise tax on certain tobacco products (OR +$283,000,000 GF RV See Note)

Similar Bills

CA AB2469

Alcoholic beverages: beer wholesalers: beer sales.

HI HB868

Relating To Taxation.

HI HB121

Relating To Taxation.

HI SB177

Relating To Taxation.

HI HB2741

Relating To Taxation.

HI HB1426

Relating To Taxation.

HI SB3288

Relating To Taxation.

HI SB1505

Relating To Taxation.