State and Local Taxation

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The Louisiana Department of Revenue released a bulletin today relating to state treatment of Hurricane Katrina related federal tax relief.
Continue Reading Louisiana Department of Revenue Information Bulletin No. 05-018 — Louisiana Income Tax Treatment of IRS Relief for Disaster Victims

Assessors are charged with the duty of determining the fair market value of business and residential property in Louisiana so that annual ad valorem property taxes can be imposed. This duty to determine fair market value is modified by a duty to insure that assessments are uniform. That is, similar properties should have similar assessments.
Continue Reading Louisiana Taxpayer Victory May Help Others Avoid Increased Assessments

The Louisiana Legislature has passed legislation designed to undo the Willis-Knighton decision (i.e. the Louisiana Supreme Court case which abolished the “societal expectations” test, thereby strongly suggesting that doors and toilets, for example, are movable). The bill will not be law until the delays for the governor to veto it have passed.

Here’s a link…

In-house counsel who are employed in Louisiana but are not licensed to practice law here have until July 1, 2005 to file an application for limited licensure to practice under the Louisiana Supreme Court’s new In-House Counsel Rule.
Continue Reading Louisiana In-House Counsel Rule Deadline Approaching

From the uniformly excellent Harris DeVille & Associates newsletter, “HDA Issues,” comes an alert that the Louisiana legislature has leapt into action to “fix” the startling Louisiana Supreme Court decision, Willis-Knighton Medical Center v. Caddo-Shreveport Sales & Use Tax Commission, 2004-C-0473, 4/1/05). There is an earlier post on the Louisiana Law Blog discussing the decision. Essentially, the majority decided that “component parts” of an immovable – i.e., those things that become part of the immovable — are no longer gauged by “societal expectations,” but by the degree of damage caused by their removal. The Louisiana legislature is on the case.
Continue Reading A Short-Lived Judicial Precedent? Louisiana Legislature Acts to Un-do the Willis-Knighton Decision

In a remarkable decision featuring something less than seamless harmony among the justices, the Louisiana Supreme Court recently considered the meaning of “component parts” of an immovable under Louisiana Civil Code Article 466, Component Parts of Buildings or Other Constructions. The issue in the case was whether nuclear cameras at a hospital had become “immobilized,” and thus not subject to local sales and use taxes. The decision carries far-reaching implications which have already stirred the Louisiana legislature into activity to deal with the potential fall-out from the decision.
Continue Reading Louisiana Supreme Court Weighs In On “Component Parts” of an Immovable – and the Legislature Rides to the Rescue

In an unprecedented hearing today, the Louisiana Tax Commission ruled to give 90% obsolescence to Future Utility wells, reversing the Commission’s adopted rule of 60% for Future Utility wells published in the January Louisiana Register.

LIOGA President Don Briggs, Daron Frederickson and Ken Cariker of Affiliated Tax Consultants, and Chris Dicharry of Kean Miller, all…