Louisiana Senate Bill SB105

Louisiana 2023 Regular Session

• Introduced: 3/30/23
• Refer: 3/30/23
• Refer: 4/10/23

Caption

Expands the income tax deduction for a dependent minor child to include an unborn child. (1/1/24) (OR -$2,300,000 GF RV See Note)

Impact

The implications of SB 105 on state laws primarily concern tax regulations, redefining when a taxpayer can claim a deduction based on the status of an unborn child. With the provisions set to be effective from January 1, 2024, the bill introduces parameters that will require certain documentation and compliance measures from taxpayers wishing to utilize the newly introduced deduction. The legislation marks a significant policy shift towards recognizing unborn children in state tax codes, thereby affecting fiscal planning for many families in Louisiana.

Summary

Senate Bill 105 proposes an expansion of the existing income tax deduction for dependent minor children to also include unborn children. Currently, taxpayers in Louisiana can claim a $1,000 deduction for each dependent minor child. This bill seeks to modify Section R.S. 47:294 to qualify unborn children as dependents, provided they have a detectable heartbeat, are born or experienced a miscarriage/stillbirth, and the life of the unborn child has not been intentionally terminated by abortion. The bill aims to provide additional financial support to families and align tax benefits with life stages that begin at conception.

Sentiment

The reception of SB 105 has been mixed, with supporters arguing that it enhances family finances and acknowledges the value of life from conception, while opponents express concerns that it could complicate tax filing processes and provoke ethical debates surrounding abortion and women's rights. Advocacy groups supporting pro-life initiatives have hailed the bill as a progressive step, whereas those who support reproductive rights have criticized it as an infringement on personal choices related to pregnancy and parental rights.

Contention

Key points of contention surrounding SB 105 include the definitions and conditions under which the deduction can be claimed, particularly the stipulation of requiring a detectable heartbeat and restrictions post-abortion. Critics argue that these provisions may place undue burdens on pregnant individuals, leading to challenges in documentation and potential legal implications. Furthermore, the requirement for medical records to substantiate the claim has raised privacy concerns, suggesting significant administrative hurdles for taxpayers while also inviting broader discussions on the role of state law in personal health decisions.