Louisiana Senate Bill SB223

Louisiana 2019 Regular Session

• Introduced: 4/10/19
• Refer: 4/10/19
• Report Pass: 4/29/19
• Refer: 5/1/19
• Report Pass: 5/6/19
• Refer: 5/23/19
• Report Pass: 5/28/19
• Enrolled: 6/6/19
• Chaptered: 6/22/19
• Passed: 6/22/19

Caption

Provides relative to state income taxation of Subchapter S corporations and other flow through entities. (gov sig) (EN SEE FISC NOTE GF RV See Note)

Impact

The passage of SB 223 is expected to significantly alter how S corporations handle their tax liabilities in Louisiana. The bill allows these businesses to choose a tax structure more akin to C corporations, which could incentivize the retention of profits that might otherwise have been distributed to shareholders. Moreover, the modifications to tax rates for these entities could lead to increased compliance with state revenue requirements. The overall goal is to simplify tax treatment while promoting local economic development, particularly for small and medium-sized businesses.

Summary

Senate Bill 223 focuses on amending Louisiana's income tax laws specifically concerning Subchapter S corporations and other flow-through entities. The bill introduces provisions aimed at reducing the tax burden for these entities by allowing them to elect to be taxed at the corporate level, if they choose to do so. This includes modifications to exclude certain incomes from being subjected to state individual income taxes and the provision of tax credits for eligible organizations. The changes aim to streamline taxation and potentially encourage business growth in Louisiana.

Sentiment

General sentiment around SB 223 appears to be favorable among business stakeholders and some legislators who see it as a necessary adjustment to attract and retain businesses in Louisiana. However, there are reservations expressed by those who fear that such tax benefits may disproportionately favor certain types of corporations at the expense of traditional state income tax revenue. Nonetheless, the bill garnered unanimous support during voting, indicating a broad bipartisan recognition of its potential benefits to the business community.

Contention

While SB 223 has garnered overwhelming legislative support, some points of contention center on the implications of expanded tax credits for corporations and potential reductions in overall state tax revenue. Critics worry that not all businesses will benefit equally, and there is a concern about the long-term fiscal impact of the bill on the state's budget. The debate highlights an ongoing tension between encouraging local business growth and ensuring adequate funding for public services reliant on stable tax revenues.