Louisiana House Bill HB363

Louisiana 2017 Regular Session

• Introduced: 3/31/17
• Refer: 3/31/17
• Refer: 4/10/17
• Report Pass: 5/10/17

Caption

Caps the amount of losses a taxpayer may claim on certain tax returns for the net operating loss deduction and repeals the deduction for certain wage expenses (EG +$14,500,000 GF RV See Note)

Impact

The changes proposed are expected to affect large corporations significantly, as the amount of the allowable deduction will now depend on the total available NOL. Larger corporations with up to $250 million in NOLs can only deduct 50% of their taxable income, while the limits decrease as the available NOLs vary in size. This tiered deduction structure aims to align tax relief more closely with the financial capacity of the corporations, thereby impacting their overall tax liabilities.

Summary

House Bill 363 introduces significant changes to Louisiana's corporate income tax structure, specifically focusing on the treatment of net operating losses (NOLs). The bill caps the amount of losses a corporation may deduct on its tax returns and extends the time period over which these losses can be carried forward from twenty years to thirty. This means that corporations will have a longer duration to utilize their losses against their taxable income, potentially aiding in financial recovery during economic downturns.

Sentiment

The sentiment surrounding HB 363 appears to be mixed. Supporters argue that extending the carryover period and modifying the order of NOL application will provide meaningful relief to businesses, especially in challenging economic conditions. They believe that these changes will foster a more stable business environment and encourage investment. On the other hand, critics highlight concerns that such provisions could significantly reduce state tax revenues, potentially undermining funding for public services.

Contention

Notable points of contention include the repeal of the deduction for certain wage expenses as specified under I.R.C. Section 280C, which some legislators believe could place further strain on businesses that are already facing high operational costs. Additionally, the contingent implementation of the bill is tied to other legislative measures, raising concerns about its effective passage and the timing of the changes. The interconnected nature of these legislative actions may complicate the overall assessment of the bill's impact on the state's economy.