As is now widely known, the Louisiana Legislature has adopted HCR No. 8, which purports to suspend the sales tax exemptions business utilities effective July 1, 2015. On July 1, 2015, the Louisiana Chemical Association (“LCA”) filed a declaratory judgment proceeding attacking the validity of HCR No. 8. The Legislature and the Louisiana Department of
State and Local Taxation
Laws Governing Trusts in Louisiana Became Animal-Friendly This Year
The Louisiana Legislature added a new chapter to our Trust Code in 2015 entitled: “Trust for the Care and Benefit of an Animal” (click here). The statute is new and is modeled on similar provisions in the Uniform Trust Code and the Uniform Probate Code.
Under the new law, a person may designate…
Louisiana Legislature Cuts Net Operating Loss Deduction: Taxpayers Should Consider Filing Returns Before July 1, 2015
Effective July 1, 2015, the net operating loss carryback (NOL) will be eliminated and the carryover will be limited to 72% of the carryover. La. Acts 2015, No. ___( HB No. 624 (Rep. Jackson) amending La. R.S. 47:287.86) and La. Acts 2015, No. ____(HB No. 218 (Rep. Broadwater) amending La. R.S. 47:287.86).
Under the bills,…
Louisiana Legislature Cuts Inventory Tax Credit: Taxpayers Should Consider Filing Returns Before July 1, 2015
The inventory tax credit is the method used by Louisiana to reimburse taxpayers for the cost of the annual local property taxes paid on the value of inventories. Rather than providing an exemption from local property taxes on inventory, taxpayers pay the local property tax on the value of inventories and are reimbursed by means…
Is it Time for Your Business to Have a Check-Up?
We have become accustomed to having regular check-ups with our doctors. The doctor will analyze our current physical condition, including heart rate, blood pressure, cholesterol level, lung condition or otherwise. The doctor may order a treadmill test or a screening for a particular function. The doctor will also compare current test results to any prior…
Louisiana Legislature Passes Sweeping Tax Amnesty Bill
During the recent 2013 Regular Session, the Louisiana Legislature passed a sweeping tax amnesty bill (House Bill 456). The bill provides amnesty for virtually all Louisiana state taxes and will be available to taxpayers through a series of specified amnesty periods in 2013, 2014, and 2015, with benefits decreasing in each of the amnesty periods.…
Law Firm’s Cost Advances for Contingency Fee Cases Treated as Loans and not Current Deductions
In a recent Tax Court case, a law firm was denied a current deduction for litigation expenses advanced on behalf of its contingent fee clients. The Tax Court held that the expenses were in nature of loans, and not ordinary and necessary business expenses that could be deducted when paid (advanced), even if there was…
Non-profits: Opportunity to Finance Acquisition or Renovation of Property Using Qualified 501(c)(3) Bonds
Non-profit organizations have the opportunity to finance the acquisition or renovation of property where they do their good works using qualified 501(c)(3) bonds, which often provide better financing terms and rates than those available from traditional lenders. The proceeds of qualified 501(c)(3) bonds may also be used by the non-profit organization for working capital or…
Louisiana’s Business Judgment Rule Protects Corporate Officers From Being Second Guessed, Unlike California’s Corporate Law
Louisiana protects corporate directors and officers from liability to shareholders or others when they make decisions in good faith and reasonably believe that their decisions are in the best interest of the organization. This principal, called the “business judgment rule,” gives officers and directors the freedom to take risks and to make decisions without wondering…
GO Zone Bonds Approved for Current Refundings
The Gulf Opportunity Zone Act of 2005 (the “Act”) added several new sections to the Internal Revenue Code that provide certain tax benefits for affected hurricane disaster areas. Section 1400N(a) authorized the issuance of Qualified Private Activity Bonds (“Qualified Bonds”) to finance the construction and rehabilitation of residential and nonresidential property located in the Gulf…

