Louisiana House Bill HCR117

Louisiana 2019 Regular Session

• Introduced: 5/31/19
• Refer: 6/2/19

Caption

Provides for the legislative intent of Act No. 6 from the 2018 Second Extraordinary Session of the Legislature

Impact

The resolution asserts that taxpayers who are no longer eligible for the tax credit due to restrictions set forth in previous legislation should still be entitled to the deduction as per R.S. 47:33(A)(7). This establishes a clear boundary, ensuring that taxpayers are not doubly compensated for the same taxes, thus resolving inconsistencies in tax treatments based on prior court rulings. Furthermore, the resolution intends to prevent absurd implications of tax calculations that could arise should both benefits be allowed simultaneously.

Summary

House Concurrent Resolution 117 expresses the legislative intent regarding Act No. 6 from the 2018 Second Extraordinary Session of the Legislature in Louisiana. Specifically, it clarifies the interpretation of income tax credits for taxes paid to other states. This resolution addresses the confusion created by the Louisiana Supreme Court's decision in the case of Smith v. Robinson, which opened the door for taxpayers to potentially claim both a credit and a deduction on the same taxes, an outcome deemed nonsensical by the legislators involved.

Sentiment

The overall sentiment surrounding HCR 117 seems to be one of clarity and reassurance in the face of legal ambiguities. Legislators supporting the resolution appear to agree on the importance of a structured tax policy that does not unintentionally favor duplicative benefits for taxpayers. This echoes a broader sentiment among lawmakers to provide stability and predictability in the state's tax code.

Contention

While the resolution primarily serves to clarify existing laws, it nudges against the limitations previously mandated by Act No. 109 of the 2015 Regular Session. Those opposed to such measures often express concerns that restrictive interpretations can impede taxpayers' rights to sufficient reclaim on their taxes. However, lawmakers supporting the resolution argue that it allows for a more equitable resolution for taxpayers and helps maintain the integrity of Louisiana’s tax framework.