reglab/statecodes huggingface dataset:
Louisiana Administrative Code › Title 13 - ECONOMIC DEVELOPMENT › Part I - Financial Incentive Programs › Chapter 11 - Quality Jobs Program › Section I-1123 - Rebate Claim Filing

Current through Register Vol. 50, No. 6, June 20, 2024
A.
				Payroll Rebate
1. An annual certification and
				a fee of $250 shall be filed annually, commencing within six months after
				completion of the applicant's fiscal year or execution of the contract,
				whichever is later. The department may grant an extension of up to an
				additional sixty days provided the extension is requested prior to the filing
				deadline.. Failure to file an annual certification within the prescribed
				timeframe may result in the annual rebate being denied or restricted. An annual
				certification is required in each year the contract is active, irrespective of
				whether annual rebates are being claimed.
2. The annual report will provide information
				on the number of employees at the site, the number of employees statewide, the
				number of new direct jobs created at the site, the number of hours worked by
				each employee weekly, the hourly wage paid employees in the new direct jobs,
				the position title, the employee's address, the hire date, the term date, the
				insurance acceptability, the percentage of the insurance paid by the employer,
				and the annual gross wages.
3. The
				department may request additional information and documentation from the
				employer as may be necessary to determine the eligibility for the annual rebate
				for that fiscal year or may request the employer revise the annual
				report.
4. Upon approval the
				department will advise the LDR of the eligible rebate. The LDR shall make
				payment of the rebate after offset, if applicable, under
				R.S.
				47:1622. The rebate shall be considered a
				refundable overpayment for the purpose of such offset.
5. If the actual verified annual gross
				payroll for the employer's third fiscal year does not show a minimum of 15 or
				five new direct jobs and does not equal or exceed a total annual payroll for
				new direct jobs of either $675,000 or $225,000, whichever is applicable, the
				employer will be determined to be ineligible under this Chapter. The LDR will
				be notified and the tax liability for the current tax period in which the
				failure to meet the requirements occurs shall be increased by the amount of
				rebates previously allowed.
6. If
				the department determines that the employer has large number of employees,
				multiple locations, or other factors that would cause the number of new direct
				jobs to be not readily determined, the department may require the employer to
				obtain a new and separate unemployment compensation number with the LWC for
				reporting new direct jobs.
Louisiana Administrative Code › Title 13 - ECONOMIC DEVELOPMENT › Part I - Financial Incentive Programs › Chapter 11 - Quality Jobs Program › Section I-1125 - Prohibited Incentives

Current through Register Vol. 50, No. 6, June 20, 2024
A. A
				qualified employer that enters into a contract under this Chapter shall not be
				eligible to receive the other credits or exemptions provided for in the
				following provisions of law except as provided for in
				R.S.
				51:2456(B):
1.R.S. 47:34
				(tax credit for generation of new jobs in Louisiana);
2.R.S.
				47:38 and 287.757 (income tax credit for
				conversion of vehicles to alternate fuel usage);
3.R.S. 47:4301
				through 4306 (Industry Assistance Program - income tax, corporate franchise
				tax, state sales tax, and excise tax exemptions for manufacturing
				establishments);
4.R.S. 47:6004 (employer
				credit for employment of previously unemployed person);
5.R.S.
				47:6009 (Louisiana basic skills training tax
				credit-income tax credit);
6.R.S.
				47:6010 (employer income tax credit for
				employee alcohol and substance abuse treatment programs);
7.R.S.
				51:1787 (Enterprise Zone Program - incentives
				tax exemption from sales and use tax materials to be used in the construction
				of a building and for machinery and income tax credit for each employee in an
				enterprise zone);
8.R.S.
				47:287.748 (re-entrant jobs credit for
				formerly incarcerated employees - corporate income tax);
9.R.S.
				47:287.749 (corporate income tax credit for
				new jobs);
10.R.S.
				47:287.753 (neighborhood assistance income
				tax credit);
11.R.S.
				51:2351 et seq. (Technology Commercialization
				Credit and Jobs Program).
Louisiana Administrative Code › Title 13 - ECONOMIC DEVELOPMENT › Part I - Financial Incentive Programs › Chapter 11 - Quality Jobs Program › Section I-1127 - Penalties

Current through Register Vol. 50, No. 6, June 20, 2024
A. Penalties are
				provided under
				R.S.
				51:2460 for false or fraudulent information
				in making application, making a claim for rebate, or other
				instrument.
AUTHORITY NOTE:
				  Promulgated in accordance with R.S. 51:2451-2462 et
				  seq.
Louisiana Administrative Code › Title 13 - ECONOMIC DEVELOPMENT › Part I - Financial Incentive Programs › Chapter 11 - Quality Jobs Program › Section I-1131 - Severability

Current through Register Vol. 50, No. 6, June 20, 2024
A. If any Section
				or provision of this Chapter is held invalid, such invalidity shall not affect
				other provisions of this Chapter. Any provision of this Chapter that is in
				conflict with
				R.S.
				51:2451-R.S.
				51:2462 or any other statute will be invalid
				and will be severable.
AUTHORITY NOTE:
				  Promulgated in accordance with R.S. 51:2451-2462 et
				  seq.
Louisiana Administrative Code › Title 13 - ECONOMIC DEVELOPMENT › Part I - Financial Incentive Programs › Chapter 11 - Quality Jobs Program › Section I-1133 - Applicability of Act 126 of the 2015 Legislative Session to the Quality Jobs Program

Current through Register Vol. 50, No. 6, June 20, 2024
A.
				Pursuant to Act 126 of the 2015 Regular Session of the Louisiana Legislature:
1. for projects filing an advance
				notification on or after July 1, 2015, from July 1, 2015, through June 30,
				2018, annual payroll rebates will be approved for payment at a rate of 5
				percent or 6 percent (as applicable) multiplied by 80 percent of payroll.
				Payroll rebates approved on and after July 1, 2018, will be calculated on 100
				percent of payroll. However, annual payroll rebates claims that are due before
				July 1, 2018, but not timely filed are subject to reduction in the discretion
				of the Board of Commerce and Industry;
2. projects filing advance notification
				before July 1, 2015, are not affected by Act 126, and payroll rebates will be
				calculated on 100 percent of payroll irrespective of date of approval for
				payment.
Louisiana Administrative Code › Title 13 - ECONOMIC DEVELOPMENT › Part I - Financial Incentive Programs › Chapter 13 - Louisiana Biomedical Research and Development Park Program › Section I-1301 - General

Current through Register Vol. 50, No. 6, June 20, 2024
A. Relief from
				taxation may be granted as provided under R.S. 46:318.1(E).
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S. 46:811
				  et seq.
Louisiana Administrative Code › Title 13 - ECONOMIC DEVELOPMENT › Part I - Financial Incentive Programs › Chapter 13 - Louisiana Biomedical Research and Development Park Program › Section I-1303 - Definitions

Current through Register Vol. 50, No. 6, June 20, 2024
A. For purposes of
				these rules, the following terms shall have the meaning hereafter ascribed to
				them, unless the context clearly indicates otherwise:
Medical
				Concerns
which are technology-based or innovative growth oriented are
				defined as companies engaged in the application of science especially to
				industrial or commercial objectives. Such companies should be engaged in the
				development, manufacture, and sale of products that emerge from or depend upon
				the practical application of scientific or technological advances.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S. 46:811
				  et seq.
Louisiana Administrative Code › Title 13 - ECONOMIC DEVELOPMENT › Part I - Financial Incentive Programs › Chapter 13 - Louisiana Biomedical Research and Development Park Program › Section I-1305 - Qualifications

Current through Register Vol. 50, No. 6, June 20, 2024
A. To qualify for
				the Louisiana Biomedical Research and Development Park Program tax incentives
				an applicant must be a
medical concern
as defined in this
				rule, must provide documentation evidencing its location in the park area, as
				described in
				R.S.
				46:813.A, and must demonstrate, by written
				statement, its viability and ability to contribute to the improved health care
				of citizens and through improved economic conditions, creation of jobs and to
				the development of the park area. The statement should include all factors
				which are relevant to the continued and expanded operations of the applicant
				including, but not limited to, the following:
1. the benefits to the state in terms of
				continued employment opportunities, expenditures for goods and services,
				contributions to the revenue base of the state and local governments, and the
				creation of new and additional permanent jobs;
2. competitive conditions existing in other
				states or in foreign nations;
3.
				the economic viability of the applicant, and the effect of any tax exemptions
				or credits on economic viability;
4. the effects on the applicant of temporary
				supply and demand conditions;
5.
				the effect of casualties and/or natural disasters;
6. the effects of United States and foreign
				trade policies;
7. the effect of
				federal laws and regulations bearing on the economic viability within the state
				of the applicant; and
8. the
				competitive effect of like or similar exemptions or credits granted to other
				applicants.
Louisiana Administrative Code › Title 13 - ECONOMIC DEVELOPMENT › Part I - Financial Incentive Programs › Chapter 13 - Louisiana Biomedical Research and Development Park Program › Section I-1309 - Recommendations of the Secretaries of Economic Development and Revenue and Taxation

Current through Register Vol. 50, No. 6, June 20, 2024
A. The
				Office of Commerce and Industry shall forward the application with its
				recommendations to the Secretary of Economic Development and the Secretary of
				Revenue and Taxation for their review. Within 30 days after the receipt of the
				application the secretaries of Economic Development and Revenue and Taxation
				shall submit their recommendations (the Secretary of Revenue and Taxation shall
				submit a Letter of No Objection in lieu of a Letter of Recommendation) in
				writing to the assistant secretary of Commerce and Industry.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S. 46:811
				  et seq.
Louisiana Administrative Code › Title 13 - ECONOMIC DEVELOPMENT › Part I - Financial Incentive Programs › Chapter 13 - Louisiana Biomedical Research and Development Park Program › Section I-1311 - Application Shall Be Presented to the Board of Commerce and Industry

Current through Register Vol. 50, No. 6, June 20, 2024
A. The Office of
				Commerce and Industry shall present an agenda of applications to the Board of
				Commerce and Industry with the written recommendations of the secretaries of
				Economic Development and Revenue and Taxation and an endorsement resolution of
				the local taxing authorities and shall make recommendations to the board based
				upon its findings.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S. 46:811
				  et seq.
Louisiana Administrative Code › Title 13 - ECONOMIC DEVELOPMENT › Part I - Financial Incentive Programs › Chapter 13 - Louisiana Biomedical Research and Development Park Program › Section I-1313 - Board of Commerce and Industry Enters into Contract

Current through Register Vol. 50, No. 6, June 20, 2024
A. Upon approval of the application, by the
				governor and the Joint Legislative Committee on the Budget, the Board of
				Commerce and Industry shall enter into contract with the applicant for
				exemption of the taxes allowed by
				R.S.
				46:813.1. A copy of the contract shall be
				sent to the Department of Revenue and Taxation and to the local political
				subdivision's tax authority.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S. 46:811
				  et seq.
Louisiana Administrative Code › Title 13 - ECONOMIC DEVELOPMENT › Part I - Financial Incentive Programs › Chapter 13 - Louisiana Biomedical Research and Development Park Program › Section I-1315 - Rebates on Sales/Use Taxes

Current through Register Vol. 50, No. 6, June 20, 2024
A.
				The contract will not authorize the applicant to make tax-free purchases from
				vendors.
B. State sales and use tax
				rebates shall be filed according to official Department of Revenue and Taxation
				procedures.
C. Local sales and use
				tax rebates shall be filed in the manner prescribed by the local taxing
				authority.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S. 46:811
				  et seq.
Louisiana Administrative Code › Title 13 - ECONOMIC DEVELOPMENT › Part I - Financial Incentive Programs › Chapter 13 - Louisiana Biomedical Research and Development Park Program › Section I-1317 - Violations of Rules, Statutes, or Documents

Current through Register Vol. 50, No. 6, June 20, 2024
A. On the initiative of the Board of Commerce
				and Industry or whenever a written complaint of violation of the terms of the
				rules, the contract documents, or the statutes is received, the assistant
				secretary for the Office of Commerce and Industry shall cause to be made a full
				investigation on behalf of the board, and shall have full authority for such
				investigation including, but not exclusively, authority to call for reports or
				pertinent records or other information from the contractors. If the
				investigation substantiates a violation, the assistant secretary may present
				the subject contract to the board for formal cancellation. The businesses with
				contracts shall then remit any and all taxes that would have been imposed but
				for the issuance of a contract.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S. 46:811
				  et seq.
Louisiana Administrative Code › Title 13 - ECONOMIC DEVELOPMENT › Part I - Financial Incentive Programs › Chapter 13 - Louisiana Biomedical Research and Development Park Program › Section I-1319 - Affidavits Certifying Eligibility Filed Annually

Current through Register Vol. 50, No. 6, June 20, 2024
A. On January 15 of each year, the businesses
				with contracts will file an affidavit with the Office of Commerce and Industry
				certifying that the business still qualifies under §705 If the affidavit shows
				the company no longer qualifies under this rule, the Board of Commerce and
				Industry shall cancel the contract and no further rebates or credits will be
				granted. The Department of Commerce will notify the Department of Revenue and
				Taxation within 30 days after revocation of a contract.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S. 46:811
				  et seq.
Louisiana Administrative Code › Title 13 - ECONOMIC DEVELOPMENT › Part I - Financial Incentive Programs › Chapter 13 - Louisiana Biomedical Research and Development Park Program › Section I-1321 - Appeals Procedure

Current through Register Vol. 50, No. 6, June 20, 2024
A.
				Applicants who wish to appeal the action of the Board of Commerce and Industry
				must submit their appeals along with any necessary documentation to the Office
				of Commerce and Industry at least 30 days prior to the meeting of the screening
				committee of the Board of Commerce and Industry during which their appeals will
				be heard.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S. 46:811
				  et seq.
Louisiana Administrative Code › Title 13 - ECONOMIC DEVELOPMENT › Part I - Financial Incentive Programs › Chapter 13 - Louisiana Biomedical Research and Development Park Program › Section I-1323 - Income and Franchise Tax Requirements

Current through Register Vol. 50, No. 6, June 20, 2024
A. In order for a business to benefit from
				the income and corporate franchise tax benefits of this Chapter, an estimated
				five-year income and franchise tax liability must be provided to the Board of
				Commerce and Industry by the applicant. This information will be used only to
				estimate the economic impact of the project to the state.
AUTHORITY NOTE:
				  Promulgated in accordance with R.S. 46:911 et
				  seq.
Louisiana Administrative Code › Title 13 - ECONOMIC DEVELOPMENT › Part I - Financial Incentive Programs › Chapter 13 - Louisiana Biomedical Research and Development Park Program › Section I-1325 - Hearing Procedures

Current through Register Vol. 50, No. 6, June 20, 2024
A.
				Applicants and/or their representatives will be notified of the date of the
				Board of Commerce and Industry meeting at which their application will be
				considered. The applicant should have an officer of authority present who is
				able to answer any questions the Board of Commerce and Industry might have
				about the information contained in the application. In the event there is not a
				representative present, the application may be deferred.
AUTHORITY NOTE:
				  Promulgated in accordance with R.S. 46:911 et
				  seq.
Louisiana Administrative Code › Title 13 - ECONOMIC DEVELOPMENT › Part I - Financial Incentive Programs › Chapter 13 - Louisiana Biomedical Research and Development Park Program › Section I-1327 - Contract Execution Procedures

Current through Register Vol. 50, No. 6, June 20, 2024
A. When an application is approved, a
				contract is supplied to the applicant by the Office of Commerce and Industry.
				The applicant must execute the contract and return it within 30 days of
				receipt. Certified copies will then be forwarded to the proper local
				governmental taxing authority and to the Department of Revenue and
				Taxation.
B. The taxing authorities
				of the local governmental subdivision issuing the endorsement resolution should
				be contacted to determine their procedure for rebating their sales/use
				tax.
C. Applicants will be
				contacted by the staff of the Department of Revenue and Taxation who will
				advise the proper procedures to follow in order to obtain the state sales/use
				tax rebate.
D. Notification of any
				change which may affect the contract should be made to the Office of Commerce
				and Industry. This includes any changes in the ownership or operational name of
				the firm holding a contract or the abandonment of operation. Failure to report
				can constitute a breach of contract.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S. 46:811
				  et seq.
Louisiana Administrative Code › Title 13 - ECONOMIC DEVELOPMENT › Part I - Financial Incentive Programs › Chapter 15 - Louisiana University Research and Development Parks Program › Section I-1501 - General

Current through Register Vol. 50, No. 6, June 20, 2024
A. Intent of Law.
				To provide for the reduction in taxes for concerns located in research and
				development parks operating in association with a public or regionally
				accredited independent university in the state.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  17:3389.
Louisiana Administrative Code › Title 13 - ECONOMIC DEVELOPMENT › Part I - Financial Incentive Programs › Chapter 15 - Louisiana University Research and Development Parks Program › Section I-1505 - Criteria

Current through Register Vol. 50, No. 6, June 20, 2024
A. To qualify for
				the Louisiana University Research and Development Parks Program tax incentives
				an applicant must be a
concern
, as defined in §1503 A, must
				provide documentation evidencing its location in a University Research and
				Development Park, must document its association with a Louisiana public or
				regionally accredited independent university, and must demonstrate, by written
				statement, its viability to contribute to the improved scientific information
				and technology available to the citizens of Louisiana and its ability, through
				improved economic conditions, to stimulate the creation of jobs and the
				development of the park area. The statement should include all factors which
				are relevant to the continued and expanded operations of the
				applicant.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  17:3389.
Louisiana Administrative Code › Title 13 - ECONOMIC DEVELOPMENT › Part I - Financial Incentive Programs › Chapter 15 - Louisiana University Research and Development Parks Program › Section I-1506 - Resolution from Local Governmental Subdivision

Current through Register Vol. 50, No. 6, June 20, 2024
A. The local governmental authority must file
				with the Board of Commerce and Industry a resolution for each park located
				within the jurisdiction of its political subdivision, adopted by the governing
				authority, which provides for participation by that governmental subdivision in
				the program. The resolution by the local governing authority shall authorize
				the Board of Commerce and Industry to grant rebates and/or exemptions on
				eligible sales taxes of the local political subdivision as outlined in this
				Chapter.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  17:3389.
Louisiana Administrative Code › Title 13 - ECONOMIC DEVELOPMENT › Part I - Financial Incentive Programs › Chapter 15 - Louisiana University Research and Development Parks Program › Section I-1509 - Recommendations of the Secretaries of Economic Development and Revenue

Current through Register Vol. 50, No. 6, June 20, 2024
A. The Office of
				Commerce and Industry shall forward the application with its recommendations to
				the Secretary of Economic Development and the Secretary of Revenue for their
				review. Within 30 days after the receipt of the application the secretaries of
				Economic Development and Revenue shall submit their recommendations (the
				Secretary of Revenue shall submit a Letter of No Objection in lieu of a letter
				of recommendation) in writing to the assistant secretary of Commerce and
				Industry.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  17:3389.
Louisiana Administrative Code › Title 13 - ECONOMIC DEVELOPMENT › Part I - Financial Incentive Programs › Chapter 15 - Louisiana University Research and Development Parks Program › Section I-1511 - Application Shall Be Presented to the Board of Commerce and Industry

Current through Register Vol. 50, No. 6, June 20, 2024
A. The Office of
				Commerce and Industry shall present an agenda of applications to the Board of
				Commerce and Industry with the written recommendations of the secretaries of
				Economic Development and Revenue, an endorsement resolution of the local taxing
				authorities, and shall make recommendations to the board based upon its
				findings.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  17:3389.
Louisiana Administrative Code › Title 13 - ECONOMIC DEVELOPMENT › Part I - Financial Incentive Programs › Chapter 15 - Louisiana University Research and Development Parks Program › Section I-1513 - Contract Approvals

Current through Register Vol. 50, No. 6, June 20, 2024
A. The
				Board of Commerce and Industry, after acting on the application, shall forward
				its recommendation, together with all supporting documentation and the
				recommendations of the Department of Economic Development and the Department of
				Revenue, to the governor and the Joint Legislative Committee on the Budget.
				When the governor and Joint Legislative Committee on the Budget find that a
				concern satisfies the requirements of the law and these rules, they shall
				advise the Board of Commerce and Industry that it may enter into a contract
				with such a concern providing for tax rebates, exemptions, and/or credits as
				allowed by
				R.S.
				17:3389. The contract shall be under the
				terms and conditions as deemed to be in the best interest of the state. A copy
				of the contract shall be forwarded to the Department of Revenue, to the local
				governmental subdivision's tax authority, and the tax collecting officer or
				agency.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  17:3389.
Louisiana Administrative Code › Title 13 - ECONOMIC DEVELOPMENT › Part I - Financial Incentive Programs › Chapter 15 - Louisiana University Research and Development Parks Program › Section I-1515 - Tax Incentives Available under Contract

Current through Register Vol. 50, No. 6, June 20, 2024
A. Tax exemptions may be granted for any of
				the following:
1. state corporate franchise
				tax;
2. state corporate income
				tax;
3. any other tax imposed
				directly by the state on the applicant.
Louisiana Administrative Code › Title 13 - ECONOMIC DEVELOPMENT › Part I - Financial Incentive Programs › Chapter 15 - Louisiana University Research and Development Parks Program › Section I-1516 - Tax Relief Granted

Current through Register Vol. 50, No. 6, June 20, 2024
A. The
				amount of state tax rebates and/or exemptions granted to a concern may be a
				maximum of 30 percent of the tax liability for state corporate franchise,
				income, and state sales and use taxes of the concern during the fiscal year
				preceding the fiscal year for which the rebates and/or exemptions are granted,
				or the amount established by contract. In the case of companies that have no
				prior fiscal year, the first fiscal year will be used.
B. The amount of the local governmental
				subdivision tax rebates granted to a concern may be a maximum of 100 percent of
				the tax liability for sales taxes due to that local governmental subdivision by
				the concern during the fiscal year preceding the fiscal year for which the
				rebates are granted, or the amount established by contract. In the case of
				companies that have no prior fiscal year, the first fiscal year will be
				used.
C. Companies are eligible to
				receive tax benefits, under this Chapter, for only facilities located within
				the park.
D. Tax rebates are
				available for machinery and equipment when used inside the park by the
				applicant for research or in the manufacturing, assembly of a product, or
				delivery of a service. Machinery and equipment shall not be leased, rented,
				moved, or used, outside the physical premises of the concern receiving the tax
				benefits.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  17:3389.
Louisiana Administrative Code › Title 13 - ECONOMIC DEVELOPMENT › Part I - Financial Incentive Programs › Chapter 15 - Louisiana University Research and Development Parks Program › Section I-1517 - Violations of Rules, Statutes, or Documents

Current through Register Vol. 50, No. 6, June 20, 2024
A. On the initiative of the Board of Commerce
				and Industry or whenever a written complaint of violation of the terms of the
				rules, the contract documents or the statutes is received, the assistant
				secretary for the Office of Commerce and Industry shall cause to be made a full
				investigation on behalf of the board, and shall have full authority for such
				investigation including, but not exclusively, authority to call for reports or
				pertinent records or other information from the contractors. If the
				investigation substantiates a violation, the assistant secretary may present
				the subject contract to the board for formal cancellation. The businesses with
				contracts shall then remit any and all taxes that would have been imposed but
				for the issuance of a contract. If the contract is canceled, the Board of
				Commerce and Industry shall notify the Department of Revenue, the local
				governmental subdivision and the agency collecting the local taxes, of the
				cancellation.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  17:3389.
Louisiana Administrative Code › Title 13 - ECONOMIC DEVELOPMENT › Part I - Financial Incentive Programs › Chapter 15 - Louisiana University Research and Development Parks Program › Section I-1518 - Contract Renewals

Current through Register Vol. 50, No. 6, June 20, 2024
A. The
				initial contract may be entered into for a period up to a maximum of five years
				under such terms and conditions the board deems to be in the best interest of
				the state. Each contract may be renewed for a period of up to five years,
				provided that the total number of years of a contract shall not exceed 10
				years, the terms and conditions of which shall be deemed in the best interest
				of the state. Any renewal contract shall become effective only if the local
				governmental subdivision levying the tax approves of the renewal prior to the
				action by the Board of Commerce and Industry to renew the contract. The
				applicant shall receive and submit the approval of the local governmental
				subdivision to the Board of Commerce and Industry along with the request for a
				contract renewal.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  17:3389.
Louisiana Administrative Code › Title 13 - ECONOMIC DEVELOPMENT › Part I - Financial Incentive Programs › Chapter 15 - Louisiana University Research and Development Parks Program › Section I-1519 - Annual Review

Current through Register Vol. 50, No. 6, June 20, 2024
A. On
				February 15, of each year, the contractee shall file an affidavit with the
				Office of Commerce and Industry certifying that the business still qualifies
				under §1505 If the affidavit shows the company no longer qualifies under this
				rule, the Board of Commerce and Industry shall cancel the contract and no
				further rebates or credits will be granted. The Department of Economic
				Development will notify the Department of Revenue within 30 days after
				revocation of a contract. On February 15, of each year, the contractee shall
				provide the Department of Economic Development with a copy of its most recent
				research and development report from the previous year.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  17:3389.
Louisiana Administrative Code › Title 13 - ECONOMIC DEVELOPMENT › Part I - Financial Incentive Programs › Chapter 15 - Louisiana University Research and Development Parks Program › Section I-1521 - Appeals and Petition Procedures

Current through Register Vol. 50, No. 6, June 20, 2024
A. Applicants who wish to appeal the action
				of the Board of Commerce and Industry must submit their appeals along with any
				necessary documentation to the Office of Commerce and Industry at least 30 days
				prior to the meeting of the screening committee of the Board of Commerce and
				Industry during which their appeals will be heard.
B. Petitions, and all documentation, on
				matters not yet presented to or ruled on, by the board, must be submitted to
				the board's staff at least 30 days prior to the meeting of the board in which
				the petition will be made.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  17:3389.
Louisiana Administrative Code › Title 13 - ECONOMIC DEVELOPMENT › Part I - Financial Incentive Programs › Chapter 15 - Louisiana University Research and Development Parks Program › Section I-1525 - Hearing Procedures

Current through Register Vol. 50, No. 6, June 20, 2024
A.
				Applicants and/or their representatives will be notified of the date of the
				Board of Commerce and Industry meeting at which their application will be
				considered. The applicant should have a representative present who is able to
				answer any questions the Board of Commerce and Industry may have about the
				information contained in the application. In the event there is not a
				representative present, the application may be deferred.
B. The local governing authority of the
				political subdivision levying taxes within the park shall be notified of the
				date of the Board of Commerce and Industry meeting at which any application for
				benefits under this program will be considered.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  17:3389.
Louisiana Administrative Code › Title 13 - ECONOMIC DEVELOPMENT › Part I - Financial Incentive Programs › Chapter 15 - Louisiana University Research and Development Parks Program › Section I-1527 - Contract Execution Procedures

Current through Register Vol. 50, No. 6, June 20, 2024
A. When an application is approved, a
				contract is supplied to the applicant by the Office of Commerce and Industry.
				The applicant must execute the contract and return it within 30 days of
				receipt. Certified copies will then be forwarded to the proper local
				governmental taxing authority and to the Department of Revenue.
B. The taxing authorities of the local
				governmental subdivision issuing an endorsement resolution should be contacted
				by the applicant to determine their procedure for rebating their sales/use
				tax.
C. Applicants will be
				contacted by the staff of the Department of Revenue who will advise the proper
				procedures to follow in order to obtain the state sale/use tax
				rebate.
D. Notification of any
				change which may affect the contract should be made to the Office of Commerce
				and Industry. This includes any changes in the ownership or operational name of
				the firm holding a contract or the abandonment of operation. Failure to report
				can constitute a breach of contract.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  17:3389.
Louisiana Administrative Code › Title 13 - ECONOMIC DEVELOPMENT › Part I - Financial Incentive Programs › Chapter 17 - Industry Assistance Program › Section I-1701 - Use of Louisiana Contractors, Labor and Supplies

Current through Register Vol. 50, No. 6, June 20, 2024
A. The Louisiana Department of Economic
				Development ("LED") and the Board of Commerce and Industry ("board") encourages
				applicants and their contractors to give preference and priority to Louisiana
				manufacturers and in the absence of Louisiana manufacturers, to Louisiana
				suppliers, engineers, contractors and labor except where not reasonably
				possible to do so without added expense or substantial inconvenience or
				sacrifice in operational efficiency. In considering applications under this
				program for whole or partial exemptions from taxation as provided by
				Section
				1715 herein, the secretary,
				board, governor and Joint Legislative Budget Committee may take into account:
1. the past and projected future capital
				investment of the applicant in its Louisiana facilities;
2. the applicant's use of machinery, supplies
				and equipment manufactured in Louisiana, or sold or distributed by Louisiana
				residents;
3. the business
				potential for a clustering of industries including the applicant, or the
				applicant as a factor in an existing cluster; and
4. the applicant's creation or continuance of
				new and retained employment of Louisiana residents; and
5. the applicant's use of projected use of
				Louisiana engineers, contractors and labor in the construction, maintenance and
				operation of applicant's facilities.
Louisiana Administrative Code › Title 13 - ECONOMIC DEVELOPMENT › Part I - Financial Incentive Programs › Chapter 17 - Industry Assistance Program › Section I-1703 - Qualifications

Current through Register Vol. 50, No. 6, June 20, 2024
A. To qualify for
				the exemption, in whole or in part, from the taxation referenced in Section
				1715, the applicant must be:
1. a person
				defined as an
employer
within the meaning of
				R.S.
				51:2453(1)(b)(1) and in
				§1105. A 1-A.5 of the quality jobs rules promulgated by this board;
2. an existing business with operating
				Louisiana facilities. The applicant must be able to demonstrate to the board's
				satisfaction that because of the exemption as well as its current and projected
				operating business plan and projections with the exemption, it will continue to
				maintain its current employment levels and will commit to significant
				investment sufficient to continue to grow and prosper in Louisiana.
Louisiana Administrative Code › Title 13 - ECONOMIC DEVELOPMENT › Part I - Financial Incentive Programs › Chapter 17 - Industry Assistance Program › Section I-1705 - How to Apply

Current through Register Vol. 50, No. 6, June 20, 2024
A. An
				"Advance Notification" of intent to file for Industry Assistance shall be filed
				by the company at least 90 days prior to filing an application. An advance
				notification fee of $100 shall be submitted with the prescribed advance
				notification form.
B. Application
				to the Board of Commerce and Industry for the Industry Assistance Program must
				be filed with the Office of Commerce and Industry, Box 94185, Baton Rouge, LA
				70804-9185 on the form prescribed, along with the required additional
				information.
C.
1. An application fee shall be submitted with
				the application based on the following range of taxes estimated to be exempted.
Fee Amount
Range of Taxes to be Exempted
$200
$1 to $15,000
$300
$15,001 to $50,000
$400
$50,001 to $150,000
$500
over $150,000
2.
				LED reserves the right to return the advance notification, application, or
				affidavit of final cost to the applicant if the estimated exemption or the fee
				submitted is incorrect. The document may be resubmitted with the correct fee.
				The document will not be considered officially received and accepted until the
				appropriate fee is submitted. Processing fees, for advance notifications,
				applications, or affidavits of final cost which have been accepted, will not be
				refundable.
Louisiana Administrative Code › Title 13 - ECONOMIC DEVELOPMENT › Part I - Financial Incentive Programs › Chapter 17 - Industry Assistance Program › Section I-1707 - Additional Information May Be Required

Current through Register Vol. 50, No. 6, June 20, 2024
A. In addition to the information contained
				in the application, the applicant shall make available any additional
				information and records that LED and/or the board may request.
AUTHORITY NOTE:
				  Promulgated in accordance with Act 403 of 2005 amending R.S.
				  47:4301-4306.
Louisiana Administrative Code › Title 13 - ECONOMIC DEVELOPMENT › Part I - Financial Incentive Programs › Chapter 17 - Industry Assistance Program › Section I-1709 - Public Hearings

Current through Register Vol. 50, No. 6, June 20, 2024
A. The
				Board of Commerce and Industry shall conduct a public hearing on an application
				for exemption that receives the recommendation of the secretary of Economic
				Development who, personally or through his designee, shall present his
				recommendations to the Board of Commerce and Industry. After due consideration
				to all facts and testimony, the Board of Commerce and Industry shall determine
				whether or not the approval of the application should be recommended to the
				governor and to the Joint Legislative Committee on the Budget.
AUTHORITY NOTE:
				  Promulgated in accordance with Act 403 of 2005 amending R.S.
				  47:4301-4306.
Louisiana Administrative Code › Title 13 - ECONOMIC DEVELOPMENT › Part I - Financial Incentive Programs › Chapter 17 - Industry Assistance Program › Section I-1711 - Requirements for Exemption

Current through Register Vol. 50, No. 6, June 20, 2024
A.
				The secretary of Economic Development, the Board of Commerce and Industry, the
				governor and the Joint Legislative Committee of the Budget may consider any and
				all factors which are relevant to the continued operations of the applicant.
				These should include, but not be limited, to the following:
1. the benefits to the state in terms of
				continued employment opportunities, payroll, expenditures for goods and
				services, contributions to the revenue base of the state and local governments
				and the creation of new and additional permanent jobs in conjunction with the
				considerations set forth in
				§1701 of these rules;
2. competitive conditions existing in other
				states or in foreign nations including the effect, if any, of United States and
				foreign trade policies, federal laws and regulations, and the competitive
				effect of like or similar policies upon related businesses;
3. the economic viability of the applicant
				and the effect of any tax exemption on maintaining or increasing capital
				investment, employment levels economic viability as reflected in the business
				plan of the applicant and the manner in which it addresses future competitive
				contingencies and other conditions pertinent to the prospects for maintaining
				or increasing investment capacity and job growth;
4. the applicant's history of compliance with
				Louisiana and federal environmental, tax, fair trade, civil rights and other
				laws in its operations.
Louisiana Administrative Code › Title 13 - ECONOMIC DEVELOPMENT › Part I - Financial Incentive Programs › Chapter 17 - Industry Assistance Program › Section I-1713 - Approval of the Joint Legislative Committee of the Budget and the Governor

Current through Register Vol. 50, No. 6, June 20, 2024
A. The Board of
				Commerce and Industry, after acting on the application, shall forward its
				recommendations together with all supporting documents and the recommendations
				of the Department of Economic Development to the governor and the Joint
				Legislative Committee of the Budget the assessor of the parish in which the
				plant is located, each member of the legislature, and the governing authority
				of each political subdivision as required by the statute. The governor and the
				Joint Legislative Committee on the Budget may determine that all, part or none
				of the recommendation of the board is to be followed and upon making that
				determination, shall advise each other and the board that the recommendation is
				rejected, or that the board may, subject to any restrictions imposed by the
				governor or the Joint Legislative Committee of the Budget, enter into a
				contract with such establishment exempting it from taxation.
AUTHORITY NOTE:
				  Promulgated in accordance with Act 403 of 2005 amending R.S.
				  47:4301-4306.
Louisiana Administrative Code › Title 13 - ECONOMIC DEVELOPMENT › Part I - Financial Incentive Programs › Chapter 17 - Industry Assistance Program › Section I-1715 - Taxes to be Exempt

Current through Register Vol. 50, No. 6, June 20, 2024
A. The
				Department of Economic Development shall report to the governor and to the
				Joint Legislative Committee of the Budget the effect upon the applicant of the
				taxes or portions thereof to be exempt. Taxes that may be exempted include:
1. the corporation franchise tax;
2. sales and use taxes imposed by the state
				on any goods, services, material and supplies necessary for or used in
				manufacturing or production of a product or consumed by the
				applicant;
3. sales and use taxes
				imposed by the state on machinery and equipment to be used by the applicant, or
				materials and building supplies, whether purchased directly or through a
				contractor, to be used in the repair, reconstruction, modification or
				construction of plant and facilities;
4. the corporation income tax;
5. any other taxes imposed directly by the
				state on the applicant.
Louisiana Administrative Code › Title 13 - ECONOMIC DEVELOPMENT › Part I - Financial Incentive Programs › Chapter 17 - Industry Assistance Program › Section I-1717 - Limits to Amount of Tax Exemption

Current through Register Vol. 50, No. 6, June 20, 2024
A. The total amount of tax exemptions that
				can be granted to any single applicant shall be reasonably proportionate to the
				amount that shall be granted to other applicants based upon each applicant's
				total number of employees in Louisiana and amount of capital investment in
				Louisiana, provided that the wages for each job must equal or exceed the
				average wage paid in the parish or parishes of business operation of the
				applicant. Exceptions may be made if the department determines and recommends
				to the Board of Commerce and Industry that an additional amount of exemption
				will materially improve the viability and stability of the applicant's
				operation in Louisiana as measured by jobs created or retained and capital
				investment in Louisiana.
AUTHORITY NOTE:
				  Promulgated in accordance with Act 403 of 2005 amending R.S.
				  47:4301-4306.
Louisiana Administrative Code › Title 13 - ECONOMIC DEVELOPMENT › Part I - Financial Incentive Programs › Chapter 17 - Industry Assistance Program › Section I-1719 - Contract Subject to Annual Audit and Review

Current through Register Vol. 50, No. 6, June 20, 2024
A. The contract shall provide that the
				applicant will be subject to an annual audit by the Louisiana legislative
				auditor. The company will receive notice of the annual review 45 days in
				advance. A review fee of $100 must be returned and received 15 days prior to
				the appointment date of the annual review. The contract will be reviewed
				annually by both the Board of Commerce and Industry and the Joint Legislative
				Committee of the Budget. Should the audit or other review or other known facts
				and circumstances uncover a violation of the contract, the Board of Commerce
				and Industry, with the approval of the governor and the Joint Legislative
				Committee of the Budget, shall give notice, thereof. in writing, and unless the
				violation is corrected within 90 days, any remaining portion of the exemption
				from taxation granted under any contract entered into under this statute may be
				canceled. The contract may also be canceled if the need for the exemption or
				the grounds for the exemption are no longer applicable.
AUTHORITY NOTE:
				  Promulgated in accordance with Act 403 of 2005 amending R.S.
				  47:4301-4306.
Louisiana Administrative Code › Title 13 - ECONOMIC DEVELOPMENT › Part I - Financial Incentive Programs › Chapter 17 - Industry Assistance Program › Section I-1721 - Renewing the Contract

Current through Register Vol. 50, No. 6, June 20, 2024
A. The
				initial contract can be entered into for any period not exceeding five years.
				Each contract may be renewed for periods of up to five years providing that:
1. the total number of years of exemption
				shall not exceed 15 years;
2. the
				applicant can show that it is in the best interest of the state of Louisiana to
				extend the contract;
3. the renewal
				is recommended by the Department of Economic Development, and the Board of
				Commerce and Industry; and
4. the
				renewal is approved by the Joint Legislative Committee on the Budget and the
				governor.