The Louisiana state and local sales tax laws have historically included an isolated or occasional sale rule. In general, the rule looks at the characteristics of a seller to determine if a sales taxable transaction has occurred. If the seller is not engaged in the business of selling the type of property being sold and
Louisiana Corporation Franchise Tax Extended to Non-Corporate Entities
The Louisiana Corporation Franchise Tax (“CFT”) has historically been imposed only on corporations. Thus, LLCs and partnerships have not been subject to the CFT. In the Special Session that ended last March, the Louisiana Legislature expanded the companies subject to the CFT to include non-corporate entities that elect to be taxed as corporations for federal
Salaries of Exempt Employees Required to Double Soon?
On June 30, 2015, the U.S. Department of Labor’s Wage and Hour Division, after being prompted by President Obama, announced proposed rule changes that would dramatically affect the salary requirements for employees who are exempt from the Fair Labor Standards Act’s overtime requirements. For nearly 9 months, no action was taken to move the proposed
The Trade Facilitation and Trade Enforcement Act Matters to Louisiana Industry
On Wednesday, February 24, 2016, President Obama signed H.R. 644, known as the Trade Facilitation and Trade Enforcement Act (“Customs Bill”). For Louisiana’s vast number of companies operating in the agribusiness, seafood processing, and related industries, the signing of the bill is a significant milestone. The Customs Bill sets forth principal objectives concerning: (1) general
Website Accessibility and ADA Litigation
Think Americans with Disabilities Act (“ADA”) access litigation is limited to sidewalks, restrooms and physical barriers to the disabled in “brick and mortar” establishments? Think again.
A growing number of lawsuits are being filed against businesses under Title III of the ADA alleging that that the business’s website does not provide adequate accessibility to the
Louisiana Second Circuit Court of Appeal Rejects Disguised “Primary Purpose” Test for Application of the Further Processing Exclusion from Sales Tax to Dual Purpose Materials
Kean Miller partner Linda S. Akchin represented Graphic Packaging International in its initial trial and appeal.
Since 1948, Louisiana’s General Sales Tax Law has provided an incentive to the manufacturing industry in the form of an exclusion from tax for materials purchased for further processing into tangible personal property for sale at retail. Undoubtedly, this
Terminating Corporate Life in Louisiana
The Louisiana Business Corporation Act (“LBCA”) became effective on January 1, 2015. The changes to Louisiana corporation law embodied in the LBCA are extensive, especially in the areas of dissolution and termination of a corporation.
Simplified Termination
The LBCA allows corporations to terminate by simplified articles of termination if the corporation: (1) does not owe
Low Energy Prices, Low Interest Rates, Rise in Federal Estate Tax Make Estate Freeze Transactions Attractive
The recent downturn in energy prices has given consumers a welcomed break at the gasoline pump. The people producing the energy, however, from landowners, to oil companies, to oil field service providers, have felt the full negative effects of the steep price decline. Those producers are seeing price pressure at every turn, reducing their net
Business Briefing Seminar Focuses on Tips for Purchasing Distressed Companies
Kean Miller partners Linda Perez Clark and Eric Lockridge will present our final Business Briefing Breakfast of 2015 on Friday, November 20th at Juban’s Restaurant in Baton Rouge. Linda and Eric will provide tips and techniques for purchasing distressed businesses. There is no fee to attend, and one hour of CPE credit is available. RSVP
Legal Considerations for Cell Tower Leasing and Servitude Sales in Louisiana
As an attorney who owns properties covered by a cell tower lease, and who represents landowners in leases and servitude agreements with cell tower companies and cell tower consolidators, I have noticed increased interest in new leases, lease extensions and buyouts. While the financial terms of agreements covering cell towers are important, the effect on