reglab/statecodes huggingface dataset:
Louisiana Administrative Code › Title 13 - ECONOMIC DEVELOPMENT › Part I - Financial Incentive Programs › Chapter 5 - Industrial Ad Valorem Tax Exemption Program › Section I-523 - Extension of Time

Current through Register Vol. 50, No. 6, June 20, 2024
A. The
				department may grant an extension of up to six months for the filing of an
				application (§503 B), a project
				completion report (§525), or an affidavit of final cost (§527), provided the
				request for extension is received prior to the filing deadline.
B. Additional extensions of time may be
				granted for good cause.
AUTHORITY NOTE:
				  Promulgated in accordance with Article VII, Part 2, Section 21(F) of the
				  Louisiana Constitution of 1974.
Louisiana Administrative Code › Title 13 - ECONOMIC DEVELOPMENT › Part I - Financial Incentive Programs › Chapter 5 - Industrial Ad Valorem Tax Exemption Program › Section I-525 - Effective Date of Contract; Project Completion Report

Current through Register Vol. 50, No. 6, June 20, 2024
A. The owner of a new manufacturing
				establishment or addition shall document the beginning date of operations and
				the date that construction is substantially complete. The owner must file that
				information with the department on the prescribed project completion report
				form not later than 90 days after the beginning of operations, completion of
				construction, or receipt of the fully executed contract, whichever occurs last.
				A project completion report fee of $250 shall be submitted with the form. The
				deadline for filing the project completion report may be extended pursuant to
				§523
B. The effective date of tax exemption
				contracts for property located in parishes other than Orleans Parish shall be
				December 31 of the year in which effective operation began or construction was
				essentially completed, whichever occurs first. The effective date of tax
				exemption contracts for property located in Orleans Parish shall be July 31 of
				the applicable year.
AUTHORITY NOTE:
				  Promulgated in accordance with Article VII, Part 2, Section 21(F) of the
				  Louisiana Constitution of 1974.
Louisiana Administrative Code › Title 13 - ECONOMIC DEVELOPMENT › Part I - Financial Incentive Programs › Chapter 5 - Industrial Ad Valorem Tax Exemption Program › Section I-527 - Affidavit of Final Cost

Current through Register Vol. 50, No. 6, June 20, 2024
A.
				Within six months of the beginning of operations, completion of construction,
				or receipt of the executed contract, whichever occurs last, the owner of a
				manufacturing establishment or addition shall file on the prescribed form an
				affidavit of final cost showing complete cost of the exempted project. A fee of
				$250 shall be filed with the affidavit of final cost or any amendment to the
				affidavit of final cost. Upon request by the department, a map showing the
				location of all facilities exempted in the project shall be submitted in order
				that the exempted property may be clearly identifiable. The deadline for filing
				the affidavit of final cost may be extended pursuant to
				§523
AUTHORITY NOTE:
				  Promulgated in accordance with Article VII, Part 2, Section 21(F) of the
				  Louisiana Constitution of 1974.
Louisiana Administrative Code › Title 13 - ECONOMIC DEVELOPMENT › Part I - Financial Incentive Programs › Chapter 5 - Industrial Ad Valorem Tax Exemption Program › Section I-529 - Renewal of Tax Exemption Contract

Current through Register Vol. 50, No. 6, June 20, 2024
A. Application for renewal of the exemption
				must be filed with the department on the prescribed form not more than six
				months before, and not later than, the expiration of the initial contract. A
				fee of $250 shall be filed with the renewal application. The document shall not
				be considered officially received and accepted until the appropriate fee is
				submitted. Upon proper showing of compliance with the initial contract of
				exemption, a renewal contract of exemption may be approved by the board for an
				additional period of no more than five years and provide for an ad valorem
				exemption of up to 80 percent.
B.
				Eligibility of the applicant and the property for renewal of the exemption will
				be reviewed by the board using the same criteria that was used for the initial
				contract, and based upon the facts and circumstances existing at the time the
				renewal application is considered.
C. The board shall have the option of
				submitting a board approved renewal application to the local governmental
				entities for approval in accordance with the procedures for approval of the
				initial exemption contract.
D. The
				term of the renewal contract shall be reduced by one year for each calendar
				month, or portion thereof, that the renewal application is filed late. The
				board may impose any other penalty for late renewal submission that it deems
				appropriate.
AUTHORITY NOTE:
				  Promulgated in accordance with Article VII, Part 2, Section 21(F) of the
				  Louisiana Constitution of 1974.
Louisiana Administrative Code › Title 13 - ECONOMIC DEVELOPMENT › Part I - Financial Incentive Programs › Chapter 5 - Industrial Ad Valorem Tax Exemption Program › Section I-531 - Violation of Rules or Documents; Inspection

Current through Register Vol. 50, No. 6, June 20, 2024
A. The board reserves the right, on its own
				initiative or upon written complaint of an alleged violation of terms of tax
				exemption rules or documents, to conduct an inspection. During the inspection,
				the department may cause to be made a full investigation on behalf of the board
				and shall have full authority for such investigation including authority to
				demand reports or pertinent records and information from the applicant and
				complainants. Results of the investigation will be presented to the
				board.
B. All contracts of
				exemption shall be subject to inspection. If an inspection indicates that the
				applicant has violated any terms of the contract or rules, or that the exempt
				facility is not engaged in manufacturing, the board may conduct a hearing to
				reconsider the contract of exemption, after giving the applicant not less than
				60 days notice.
C. If the board
				determines that there has been a violation of the terms of the contract or the
				rules, that the property exempted by the contract is not eligible because it is
				not used in a manufacturing process, or that the facility has not commenced or
				has ceased manufacturing operations, the board may terminate or otherwise
				modify the contract.
AUTHORITY NOTE:
				  Promulgated in accordance with Article VII, Part 2, Section 21(F) of the
				  Louisiana Constitution of 1974.
Louisiana Administrative Code › Title 13 - ECONOMIC DEVELOPMENT › Part I - Financial Incentive Programs › Chapter 5 - Industrial Ad Valorem Tax Exemption Program › Section I-533 - Reporting Requirements for Changes in Operations

Current through Register Vol. 50, No. 6, June 20, 2024
A. The department is to be notified
				immediately of any change which affects the tax exemption contract. This
				includes, but is not limited to, any changes in the ownership or operational
				name of a firm holding a tax exemption contract. A fee of $250 shall be filed
				with a request for any contract amendment, including but not limited to, a
				change of ownership, change in name, or change in location. The board may
				consider restrictions or cancellation of a contract for cessation of the
				manufacturing operation, or retirement of any portion of the exempted
				equipment. Failure to report any material changes constitutes a breach of
				contract and, with approval by the board, shall result in restriction or
				termination.
AUTHORITY NOTE:
				  Promulgated in accordance with Article VII, Part 2, Section 21(F) of the
				  Louisiana Constitution of 1974.
Louisiana Administrative Code › Title 13 - ECONOMIC DEVELOPMENT › Part I - Financial Incentive Programs › Chapter 5 - Industrial Ad Valorem Tax Exemption Program › Section I-535 - Sale or Transfer of Exempted Manufacturing Establishment

Current through Register Vol. 50, No. 6, June 20, 2024
A. In the event an applicant should sell or
				otherwise dispose of property covered by a contract of exemption, the purchaser
				of the said plant or property may, within three months of the date of such act
				of sale, apply to the board for a transfer of the contract. A fee of $250 shall
				be filed with a request to transfer the contract. The board shall consider all
				such applications for transfer of contracts of exemption strictly on the merits
				of the application for such transfer. No such transfer shall in any way impair
				or amend any of the provisions of the contract so transferred other than to
				change the name of the contracting applicant. Failure to request or apply for a
				transfer within the stipulated time period shall constitute a violation of the
				contract.
AUTHORITY NOTE:
				  Promulgated in accordance with Article VII, Part 2, Section 21(F) of the
				  Louisiana Constitution of 1974.
Louisiana Administrative Code › Title 13 - ECONOMIC DEVELOPMENT › Part I - Financial Incentive Programs › Chapter 5 - Industrial Ad Valorem Tax Exemption Program › Section I-537 - Reporting to the Parish Assessor

Current through Register Vol. 50, No. 6, June 20, 2024
A.
				The applicant shall file annually with the assessor of the parish in which the
				manufacturing establishment is located, a complete taxpayers report on forms
				approved by the Tax Commission, in order that the exempted property may be
				separately listed on the assessment rolls.
B. All property exempted shall be listed on
				the assessment rolls and submitted to the Tax Commission or its successor, and
				up to 80 percent of the taxes shall be collected thereon during the period of
				exemption.
AUTHORITY NOTE:
				  Promulgated in accordance with Article VII, Part 2, Section 21(F) of the
				  Louisiana Constitution of 1974.
Louisiana Administrative Code › Title 13 - ECONOMIC DEVELOPMENT › Part I - Financial Incentive Programs › Chapter 5 - Industrial Ad Valorem Tax Exemption Program › Section I-539 - Statement of Purpose

Current through Register Vol. 50, No. 6, June 20, 2024
A. Purpose
1. Louisiana values its manufacturers and
				their contributions to its economy.
2. Article VII, Section 21(F) of the
				Louisiana Constitution of 1974 provides that the Board of Commerce and Industry
				(Board), with the approval of the Governor, may enter into contracts for the
				exemption from ad valorem taxes of a new manufacturing establishment or an
				addition to an existing manufacturing establishment on such terms and
				conditions as the Board, with the approval of the Governor, deems is in the
				best interest of the state.
Louisiana Administrative Code › Title 13 - ECONOMIC DEVELOPMENT › Part I - Financial Incentive Programs › Chapter 5 - Industrial Ad Valorem Tax Exemption Program › Section I-541 - Definitions

Current through Register Vol. 50, No. 6, June 20, 2024
Addition to a Manufacturing Establishment
-
1.
a. a capital expenditure for property that
				would meet the standard of a new manufacturing establishment if the addition
				were treated as a stand-alone establishment;
b. a capital expenditure for property that is
				directly related to the manufacturing operations of an existing manufacturing
				establishment; or
c. an
				installation or physical change made to a manufacturing establishment that
				increases its value, utility or competitiveness;
Louisiana Administrative Code › Title 13 - ECONOMIC DEVELOPMENT › Part I - Financial Incentive Programs › Chapter 5 - Industrial Ad Valorem Tax Exemption Program › Section I-543 - Ineligible Items: Property, Land, Inventories

Current through Register Vol. 50, No. 6, June 20, 2024
A. The following items are ineligible for the
				tax exemption:
1. Property
a. Miscellaneous capital additions,
				maintenance capital, required environmental capital upgrades and replacement
				parts, except those replacements required in the rehabilitation or restoration
				of an establishment, to conserve as nearly, and as long as possible, original
				condition, are not eligible for the tax exemption.
b. If the establishment or addition is on the
				taxable rolls and property taxes have been paid at more than 20 percent, the
				establishment or addition is not eligible for the exemption.
c. The board shall not consider for tax
				exemption any property previously subject to an ad valorem tax exemption that
				has expired or otherwise been terminated.
Louisiana Administrative Code › Title 13 - ECONOMIC DEVELOPMENT › Part I - Financial Incentive Programs › Chapter 5 - Industrial Ad Valorem Tax Exemption Program › Section I-545 - Eligible Items: Buildings and Facilities Used in Manufacturing, Leased Property, Capitalized Materials, Integral Parts of the Manufacturing Operation, Rehabilitation and Restoration of Property, Relocations, Used Equipment

Current through Register Vol. 50, No. 6, June 20, 2024
A. The following
				items may be eligible for the tax exemption.
1. Buildings and Facilities Used in
				Manufacturing. The board shall consider for tax exemption buildings and
				facilities used in the operation of new manufacturing establishments located
				within the state of Louisiana (subject to the limitations stated in §543)
				and additions to manufacturing establishments within the state of Louisiana.
				Exemptions are granted to the owners of buildings that house a manufacturing
				establishment and facilities that are operated specifically in the
				manufacturing of a product. The board recognizes two categories of ownership:
a. owners who engage in manufacturing at said
				facilities; and
b. owners who are
				not engaged in manufacturing at said manufacturing establishment, but who have
				provided either or both of the following for a predetermined manufacturing
				establishment:
i. buildings to house a
				manufacturing establishment;
ii.
				facilities that consist of manufacturing equipment operated specifically in the
				manufacturing process;
c.
				owners who are not engaged in manufacturing at the manufacturing establishment
				are eligible for the exemption only if the manufacturer at the site is
				obligated to pay the property taxes if the exemption were not
				granted.
Louisiana Administrative Code › Title 13 - ECONOMIC DEVELOPMENT › Part I - Financial Incentive Programs › Chapter 5 - Industrial Ad Valorem Tax Exemption Program › Section I-547 - Advance Notification

Current through Register Vol. 50, No. 6, June 20, 2024
A. An advance
				notification of intent to apply for tax exemption shall be filed with the
				department through the department's online Fastlane portal prior to the
				beginning of construction or installation of facilities on all projects for tax
				exemption. An advance notification fee of $250 shall be submitted with the
				form. The advance notification will expire and become void if no application is
				filed within 12 months of the estimated project ending date stated in the
				advance notification. The estimated project ending date as stated on the
				advance notification may be amended by the applicant if the amendment is made
				prior to the estimated project ending date.
B. A separate advance shall be required for
				each program. The applicable advance notification fee for each program for
				which the applicant anticipates applying shall be submitted with the advance
				notification.
C. An advance
				notification shall include but not be limited to a project description, NAICS
				code, project start and end dates.
AUTHORITY NOTE:
				  Promulgated in accordance with Article VII, Part 2, Section 21(F) of the
				  Louisiana Constitution of 1974.
Louisiana Administrative Code › Title 13 - ECONOMIC DEVELOPMENT › Part I - Financial Incentive Programs › Chapter 5 - Industrial Ad Valorem Tax Exemption Program › Section I-549 - Application

Current through Register Vol. 50, No. 6, June 20, 2024
A. An
				application for tax exemption may be filed with the department through the
				department's online Fastlane portal, subject to the following conditions:
1. the filing may be either concurrent with
				or after filing the advance notification, but no later than 90 days after the
				beginning of operations or end of construction, whichever occurs
				first;
2. the deadline for filing
				the application may be extended pursuant to §561;
3. an applicant shall file an individual
				application for any calendar year in which property becomes operational or
				usable;
4. an application fee shall
				be submitted with the application in the amount equal to 0.5 percent of the
				estimated total amount of taxes to be exempted. In no case shall an application
				fee be smaller than $500 and in no case shall a fee exceed $15,000 per
				project.
Louisiana Administrative Code › Title 13 - ECONOMIC DEVELOPMENT › Part I - Financial Incentive Programs › Chapter 5 - Industrial Ad Valorem Tax Exemption Program › Section I-551 - Consultation with the LDR

Current through Register Vol. 50, No. 6, June 20, 2024
A.
				The department will provide a copy of the application and all relative
				information to the Louisiana Department of Revenue (LDR) for review. LDR may
				require additional information from the applicant. The department must receive
				a letter-of-no-objection or a letter-of-approval from the LDR, prior to
				submitting the application to the board for action.
AUTHORITY NOTE:
				  Promulgated in accordance with Article VII, Part 2, Section 21(F) of the
				  Louisiana Constitution of 1974.
Louisiana Administrative Code › Title 13 - ECONOMIC DEVELOPMENT › Part I - Financial Incentive Programs › Chapter 5 - Industrial Ad Valorem Tax Exemption Program › Section I-553 - Department Presentation to the Board

Current through Register Vol. 50, No. 6, June 20, 2024
A. After its review and determination of
				eligibility, the department will prepare the application information in a
				format suitable for presentation to the board.
B. The board must approve the application
				prior to a contract being issued.
C. Applicant or its representatives will be
				notified of the board meeting date at which their application will be
				considered. The applicant should have someone present who is able to answer any
				questions the board may have regarding the information contained in the
				application, otherwise the application may be deferred or denied.
AUTHORITY NOTE:
				  Promulgated in accordance with Article VII, Part 2, Section 21(F) of the
				  Louisiana Constitution of 1974.
Louisiana Administrative Code › Title 13 - ECONOMIC DEVELOPMENT › Part I - Financial Incentive Programs › Chapter 5 - Industrial Ad Valorem Tax Exemption Program › Section I-555 - Board Consideration of Application

Current through Register Vol. 50, No. 6, June 20, 2024
A.
				Eligibility of the applicant and the property for the exemption, including
				whether the activities at the site meet the definition of manufacturing, will
				be reviewed by the board based upon the facts and circumstances existing at the
				time the application is considered by the board.
1. Applications which provide for a new
				manufacturing establishment or which provide for an expansion of, or an
				addition to an existing manufacturing establishment, shall be favored by the
				board.
2. The board will receive
				all public comment given at the board meeting, or any written comments filed
				with LED prior to the board meeting date.
Louisiana Administrative Code › Title 13 - ECONOMIC DEVELOPMENT › Part I - Financial Incentive Programs › Chapter 5 - Industrial Ad Valorem Tax Exemption Program › Section I-557 - Local ITEP Committee-Establishment, Consideration of Application, Meetings, and Determination

Current through Register Vol. 50, No. 6, June 20, 2024
A. Establishment
1. The following local officials or employees
				shall be voting members and collectively comprise an ad hoc Local ITEP
				Committee (the Committee):
a. the parish
				president or the president of the police jury;
b. the president of the school board or the
				superintendent of the school board, as elected by resolution of the school
				board; and
c. the sheriff or his
				designee; and, if applicable,
d.
				the mayor, if the project is located in a municipality;
Louisiana Administrative Code › Title 13 - ECONOMIC DEVELOPMENT › Part I - Financial Incentive Programs › Chapter 5 - Industrial Ad Valorem Tax Exemption Program › Section I-559 - The Contract

Current through Register Vol. 50, No. 6, June 20, 2024
A. Upon board
				approval of an application and subsequent receipt of the Local ITEP Committee's
				determination, LED shall draft a contract setting forth the terms and
				conditions, which may include but not be limited to the following:
1. an initial term of no more than five
				calendar years;
2. a term of
				renewal for an additional time period of up to five years; and
3. an ad valorem exemption of 80
				person.
Louisiana Administrative Code › Title 13 - ECONOMIC DEVELOPMENT › Part I - Financial Incentive Programs › Chapter 5 - Industrial Ad Valorem Tax Exemption Program › Section I-561 - Extension of Time

Current through Register Vol. 50, No. 6, June 20, 2024
A. The department
				may grant an extension of up to six months for the filing of an application, a
				project completion report, or an affidavit of final cost, provided the request
				for extension is received prior to the filing deadline.
B. Additional extensions of time may be
				granted by the secretary for good cause. Good cause may include but not be
				limited to events beyond the reasonable control of the parties, such as an act
				of God, an act of war, an act of terrorism, a cyberattack, or a natural
				disaster due to earthquake, landslide, fire, flood, tornado, tropical storm or
				hurricane. The business shall have the burden of establishing good
				cause.
AUTHORITY NOTE:
				  Promulgated in accordance with Article VII, Part 2, Section 21(F) of the
				  Louisiana Constitution of 1974.
Louisiana Administrative Code › Title 13 - ECONOMIC DEVELOPMENT › Part I - Financial Incentive Programs › Chapter 5 - Industrial Ad Valorem Tax Exemption Program › Section I-563 - Effective Date of Contract; Project Completion Report

Current through Register Vol. 50, No. 6, June 20, 2024
A. The owner of a new manufacturing
				establishment or addition shall document the beginning date of operations and
				the date that construction is substantially complete. The owner must file that
				information with the department on the prescribed project completion report
				form not later than 90 days after the beginning of operations, completion of
				construction, or receipt of the fully executed contract, whichever occurs last.
				A project completion report fee of $250 shall be submitted with the form. The
				deadline for filing the project completion report may be extended pursuant to
				§551
B. The effective date of
				tax exemption contracts for property located in parishes other than Orleans
				Parish shall be December 31 of the year in which effective operation began or
				construction was essentially completed, whichever occurs first. The effective
				date of tax exemption contracts for property located in Orleans Parish shall be
				July 31 of the applicable year.
AUTHORITY NOTE:
				  Promulgated in accordance with Article VII, Part 2, Section 21(F) of the
				  Louisiana Constitution of 1974.
Louisiana Administrative Code › Title 13 - ECONOMIC DEVELOPMENT › Part I - Financial Incentive Programs › Chapter 5 - Industrial Ad Valorem Tax Exemption Program › Section I-565 - Affidavit of Final Cost

Current through Register Vol. 50, No. 6, June 20, 2024
A.
				Within six months of the beginning of operations, completion of construction,
				or receipt of the executed contract, whichever occurs last, the owner of a
				manufacturing establishment or addition shall file on the prescribed form an
				affidavit of final cost showing complete cost of the exempted project. A fee of
				$250 shall be filed with the affidavit of final cost or any amendment to the
				affidavit of final cost. Upon request by the department, a map showing the
				location of all facilities exempted in the project shall be submitted in order
				that the exempted property may be clearly identifiable. The deadline for filing
				the affidavit of final cost may be extended pursuant to §561
AUTHORITY NOTE:
				  Promulgated in accordance with Article VII, Part 2, Section 21(F) of the
				  Louisiana Constitution of 1974.
Louisiana Administrative Code › Title 13 - ECONOMIC DEVELOPMENT › Part I - Financial Incentive Programs › Chapter 5 - Industrial Ad Valorem Tax Exemption Program › Section I-567 - Renewal of Tax Exemption Contract

Current through Register Vol. 50, No. 6, June 20, 2024
A.
				Application for renewal of the exemption must be filed with the department
				through the department's online Fastlane portal not more than six months
				before, and not later than, the expiration of the initial contract. A fee of
				$250 shall be filed with the renewal application. The document shall not be
				considered officially received and accepted until the appropriate fee is
				submitted. Upon proper showing of compliance with the initial contract of
				exemption, a renewal contract of exemption may be approved by the board for an
				additional period of no more than five years and provide for an ad valorem
				exemption of 80 percent.
B.
				Eligibility of the applicant and the property for renewal of the exemption will
				be reviewed by the board using the same criteria that was used for the initial
				contract, and based upon the facts and circumstances existing at the time the
				renewal application is considered.
C. The board shall have the option of
				submitting a board approved renewal application to the local governmental
				entities for approval in accordance with the procedures for approval of the
				initial exemption contract.
D. The
				term of the renewal contract shall be reduced by one year for each calendar
				month, or portion thereof, that the renewal application is filed late. The
				board may impose any other penalty for late renewal submission that it deems
				appropriate.
AUTHORITY NOTE:
				  Promulgated in accordance with Article VII, Part 2, Section 21(F) of the
				  Louisiana Constitution of 1974.
Louisiana Administrative Code › Title 13 - ECONOMIC DEVELOPMENT › Part I - Financial Incentive Programs › Chapter 5 - Industrial Ad Valorem Tax Exemption Program › Section I-569 - Violation of Rules or Documents; Inspection

Current through Register Vol. 50, No. 6, June 20, 2024
A. The board reserves the right, on its own
				initiative or upon written complaint of an alleged violation of terms of tax
				exemption rules or documents, to conduct an inspection. During the inspection,
				the department may cause to be made a full investigation on behalf of the board
				and shall have full authority for such investigation including authority to
				demand reports or pertinent records and information from the applicant and
				complainants. Results of the investigation will be presented to the
				board.
B. All contracts of
				exemption shall be subject to inspection. If an inspection indicates that the
				applicant has violated any terms of the contract or rules, or that the exempt
				facility is not engaged in manufacturing, the board may conduct a hearing to
				reconsider the contract of exemption, after giving the applicant not less than
				60 days' notice.
C. If the board
				determines that there has been a violation of the terms of the contract or the
				rules, that the property exempted by the contract is not eligible because it is
				not used in a manufacturing process, or that the facility has not commenced or
				has ceased manufacturing operations, the board may terminate or otherwise
				modify the contract.
AUTHORITY NOTE:
				  Promulgated in accordance with Article VII, Part 2, Section 21(F) of the
				  Louisiana Constitution of 1974.
Louisiana Administrative Code › Title 13 - ECONOMIC DEVELOPMENT › Part I - Financial Incentive Programs › Chapter 5 - Industrial Ad Valorem Tax Exemption Program › Section I-571 - Reporting Requirements for Changes in Operations

Current through Register Vol. 50, No. 6, June 20, 2024
A. The department is to be notified
				immediately of any change which affects the tax exemption contract. This
				includes, but is not limited to, any changes in the ownership or operational
				name of a firm holding a tax exemption contract. A fee of $250 shall be filed
				with a request for any contract amendment, including but not limited to, a
				change of ownership, change in name, or change in location. The board may
				consider restrictions or cancellation of a contract for cessation of the
				manufacturing operation, or retirement of any portion of the exempted
				equipment. Failure to report any material changes constitutes a breach of
				contract and, with approval by the board, shall result in restriction or
				termination.
AUTHORITY NOTE:
				  Promulgated in accordance with Article VII, Part 2, Section 21(F) of the
				  Louisiana Constitution of 1974.
Louisiana Administrative Code › Title 13 - ECONOMIC DEVELOPMENT › Part I - Financial Incentive Programs › Chapter 5 - Industrial Ad Valorem Tax Exemption Program › Section I-573 - Sale or Transfer of Exempted Manufacturing Establishment

Current through Register Vol. 50, No. 6, June 20, 2024
A. In the event an applicant should sell or
				otherwise dispose of property covered by a contract of exemption, the purchaser
				of the said plant or property may, within three months of the date of such act
				of sale, apply to the board for a transfer of the contract. A fee of $250 shall
				be filed with a request to transfer the contract. The board shall consider all
				such applications for transfer of contracts of exemption strictly on the merits
				of the application for such transfer. No such transfer shall in any way impair
				or amend any of the provisions of the contract so transferred other than to
				change the name of the contracting applicant. Failure to request or apply for a
				transfer within the stipulated time period shall constitute a violation of the
				contract.
AUTHORITY NOTE:
				  Promulgated in accordance with Article VII, Part 2, Section 21(F) of the
				  Louisiana Constitution of 1974.
Louisiana Administrative Code › Title 13 - ECONOMIC DEVELOPMENT › Part I - Financial Incentive Programs › Chapter 5 - Industrial Ad Valorem Tax Exemption Program › Section I-575 - Reporting to the Parish Assessor

Current through Register Vol. 50, No. 6, June 20, 2024
A.
				The applicant shall file annually with the assessor of the parish in which the
				manufacturing establishment is located, a complete taxpayer's report on forms
				approved by the Tax Commission, in order that the exempted property may be
				separately listed on the assessment rolls.
B. All property exempted shall be listed on
				the assessment rolls and submitted to the Tax Commission or its successor and
				up to 80 percent of the taxes shall not be collected thereon during the period
				of exemption.
C. Taxes shall be
				exempted in accordance with the provisions of the contract, which are available
				to Parish Assessors through the department's online Fastlane portal.
AUTHORITY NOTE:
				  Promulgated in accordance with Article VII, Part 2, Section 21(F) of the
				  Louisiana Constitution of 1974.
Louisiana Administrative Code › Title 13 - ECONOMIC DEVELOPMENT › Part I - Financial Incentive Programs › Chapter 7 - Enterprise Zone Program › Section I-701 - General

Current through Register Vol. 50, No. 6, June 20, 2024
A. Intent of
				Program. The intent of the program is to stimulate employment for residents in
				depressed areas of the state that are designated as enterprise zones by
				providing tax incentives to a business hiring from these areas.
B. Description of Program. The Louisiana
				Enterprise Zone Program is a jobs program that gives tax incentives to a
				business hiring from certain specified targeted groups of individuals.
				Enterprise zone program incentives are in addition to other state-sponsored
				incentives such as the industrial tax exemption program and the Restoration Tax
				Abatement Program. Enterprise zone and quality jobs programs are mutually
				exclusive.
C. Effective date of Act
				423 of the 2013 Regular Session
1. The
				provisions of Act 423 shall apply to advance notification filed on or after
				June 1, 2013 and prior to April 1, 2016.
Louisiana Administrative Code › Title 13 - ECONOMIC DEVELOPMENT › Part I - Financial Incentive Programs › Chapter 7 - Enterprise Zone Program › Section I-702 - Eligibility criteria and available incentives

Current through Register Vol. 50, No. 6, June 20, 2024
A. Eligibility
1. This program is available to a Louisiana
				business that will:
a. create jobs. Create
				permanent full-time net new jobs that are at least equal to the lesser of:
i. five jobs, created within the first two
				years of the contract period; or
ii. the number of jobs equal to a minimum of
				10 percent of the employees employed throughout the United States by the
				business and its affiliates, a minimum of one, created within the first year of
				the contract period;
iii. for good
				cause shown, the board may grant an extension of not more than two years to
				comply with the above job creation requirements;
Louisiana Administrative Code › Title 13 - ECONOMIC DEVELOPMENT › Part I - Financial Incentive Programs › Chapter 7 - Enterprise Zone Program › Section I-705 - Job Calculation Methodology

Current through Register Vol. 50, No. 6, June 20, 2024
A.
				When determining program eligibility, compliance, computation of job tax
				credits, sales and use tax rebates or investment tax credits, the department
				shall employ the following methodology;
1.
				Program Eligibility and Compliance
a. When
				calculating whether 50 percent of employees are hired from identified target
				groups, the department does not recognize partial employees, so anything over a
				whole number is rounded up to the next higher whole number. As an example, if 3
				employees are hired, then 50 percent must be from an identified group. Since 50
				percent of 3 = 1.5, this is rounded up to demonstrate that 2 out of the 3
				employees hired must be from a target group. Rounding down to only 1 employee
				would fall below the required 50 percent threshold.
b. The number of jobs shall be determined by
				averaging the first 12-month period, and then by separately averaging the
				second 12-month period. The department will not combine periods to perform one
				average calculation for a 24-month period.
Louisiana Administrative Code › Title 13 - ECONOMIC DEVELOPMENT › Part I - Financial Incentive Programs › Chapter 7 - Enterprise Zone Program › Section I-709 - Targeted Employees for a Business in an Urban Enterprise Zone (Repealed)

Current through Register Vol. 50, No. 6, June 20, 2024
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  51:1786(5).
Louisiana Administrative Code › Title 13 - ECONOMIC DEVELOPMENT › Part I - Financial Incentive Programs › Chapter 7 - Enterprise Zone Program › Section I-711 - Targeted Employees for a Business in a Rural Enterprise Zone (Repealed)

Current through Register Vol. 50, No. 6, June 20, 2024
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  51:1786(5).
Louisiana Administrative Code › Title 13 - ECONOMIC DEVELOPMENT › Part I - Financial Incentive Programs › Chapter 7 - Enterprise Zone Program › Section I-713 - Targeted Employees for a Business in an Economic Development Zone (Repealed)

Current through Register Vol. 50, No. 6, June 20, 2024
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  51:1786(5).
Louisiana Administrative Code › Title 13 - ECONOMIC DEVELOPMENT › Part I - Financial Incentive Programs › Chapter 7 - Enterprise Zone Program › Section I-715 - Targeted Employees for a Business Not in an Enterprise Zone or Economic Development Zone (Repealed)

Current through Register Vol. 50, No. 6, June 20, 2024
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  51:1786(5).
Louisiana Administrative Code › Title 13 - ECONOMIC DEVELOPMENT › Part I - Financial Incentive Programs › Chapter 7 - Enterprise Zone Program › Section I-716 - Electronic Submittals

Current through Register Vol. 50, No. 6, June 20, 2024
A. The
				department shall only allow submission of information electronically using Fast
				lane or any other electronic data submittal program provided by the
				department.
B. Electronic documents
				will be accepted by the department in satisfaction of the requirements of
				department regulations, notwithstanding any other department regulation to the
				contrary, including but not limited to an electronic contract document executed
				in whole or part with electronic signatures.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  51:1786(5).
Louisiana Administrative Code › Title 13 - ECONOMIC DEVELOPMENT › Part I - Financial Incentive Programs › Chapter 7 - Enterprise Zone Program › Section I-717 - Annual Employee Certification

Current through Register Vol. 50, No. 6, June 20, 2024
A.
				An annual employee certification report (ECR) must be filed with the business
				incentive services by May 31 on all active contracts validating program
				compliance. An ECR fee of $250 shall be submitted with the report. Failure to
				file may result in contract cancellation. One extension of up to 60 days may be
				granted if requested in writing, if the request is received prior to the due
				date of the ECR.
1. Employee certification
				report filings shall report company employees working at the project site for a
				12-month period, and shall be due within six months of the anniversary of the
				contract effective date, or the Governor's signature on the contract, whichever
				is later.
2. In the case of early
				contract terminations, a company may submit final employee certification
				reports containing data for varying project time periods as approved in writing
				by the department.
3. The
				department may request additional information necessary to verify benefit
				eligibility. The company must provide all requested information, or other
				documentation as approved by the department, within 180 days. Failure to do so
				within the prescribed timeframe shall result in the expiration of the ECR and
				require re-submission.
4. If the
				employee certification report is submitted after the filing deadline, the
				amount of the job tax credit shall be reduced by five percent for each month or
				portion of a month late, up to a maximum reduction of 100 percent after 20
				months.
a. Except as otherwise approved by
				the secretary for good cause shown. Good cause may include but not be limited
				to events beyond the reasonable control of the parties, such as an act of God,
				an act of war, an act of terrorism, a cyberattack, or a natural disaster due to
				earthquake, landslide, fire, flood, tornado, tropical storm or hurricane. The
				business shall have the burden to establish good cause.
Louisiana Administrative Code › Title 13 - ECONOMIC DEVELOPMENT › Part I - Financial Incentive Programs › Chapter 7 - Enterprise Zone Program › Section I-719 - Arbitrary Termination of Employees

Current through Register Vol. 50, No. 6, June 20, 2024
A. The board shall not accept an application
				from an applicant which performs essentially the same job at the same or new
				location but for a different ownership in order to qualify for the benefits of
				this Chapter. New jobs tax credits shall not be generated by those persons
				whether or not the name or owner of the business changes over a short period of
				time (less than two weeks), i.e., a business closes on Friday under one
				ownership and opens on Monday under a different ownership. These are not net
				new jobs and shall not generate jobs tax credits under this Chapter.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  51:1786(5).
Louisiana Administrative Code › Title 13 - ECONOMIC DEVELOPMENT › Part I - Financial Incentive Programs › Chapter 7 - Enterprise Zone Program › Section I-721 - Advance Notification

Current through Register Vol. 50, No. 6, June 20, 2024
A. An
				advance notification form, and a $250 fee, shall be filed with business
				incentive services prior to the beginning of the project. All incentives for
				the same project must be indicated on one advance notification and be
				identified by one project number. Internet filing of the advance notification
				may be made at the department website.
B. An advance notification shall include but
				not be limited to a project description, estimated number of jobs, payroll,
				costs, project start and end dates. The project start date shall not exceed 12
				months after the advance filing date and in no instance shall the project
				period exceed 30 months. Dates may be amended by the applicant if the written
				request is made prior to the estimated project ending date. An advance
				notification expires 90 days after the estimated project ending date shown on
				the advance notification, unless an application is timely filed, or a written
				date revision request is received by business incentive services prior to the
				expiration date but in no instance shall exceed 45 months after the advance
				filing date.
C. An advance
				notification filed after the beginning of the project requires a waiver of late
				filing from the board, based upon events beyond the control of the business
				caused the late filing or documented fault or error on the part of the business
				incentive services that caused the business's late filing. Lack of knowledge of
				the existence of the Enterprise Zone Program or its benefits or procedures will
				not be accepted as a valid reason for waiving the timely filing requirement. A
				waiver of late filing will allow the business to proceed as if the advance
				notification was filed timely.
D. A
				business proposing a project exceeding 30 months must separate the project into
				phases with no phase having a project period greater than 30 months. The
				business must comply with program eligibility requirements, and file a separate
				advance notification, application, project completion report, and affidavit of
				final cost, with the required fees, for each phase of the project. The business
				must elect either the sales and use tax rebate or the investment tax credit for
				all phases of the project. Businesses electing the investment tax credit are
				not subject to the 50 percent limitation of
				§731.B for phases
				subsequent to the initial phase, and may elect to file one investment tax
				credit claim for all consecutive project periods.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  51:1786(5).
Louisiana Administrative Code › Title 13 - ECONOMIC DEVELOPMENT › Part I - Financial Incentive Programs › Chapter 7 - Enterprise Zone Program › Section I-723 - Application

Current through Register Vol. 50, No. 6, June 20, 2024
A. An application
				for an enterprise zone contract, and the required fee, must be filed with
				Business Incentives Services, on the form prescribed, within three months after
				the project ending date. Internet filing of the application may be made at the
				department's website. Upon request, the business shall receive a thirty day
				extension of time in which to file its application, provided such request for
				extension is received by business incentives services no later than the filing
				deadline date.
1. Applications must include
				sufficient information to verify program compliance. LED reserves the right to
				request additional information, which shall be provided to LED within 60 days.
				In the event an applicant does not provide the requested additional information
				to LED within this time frame, LED shall present the application to the board
				as a late filing.
Louisiana Administrative Code › Title 13 - ECONOMIC DEVELOPMENT › Part I - Financial Incentive Programs › Chapter 7 - Enterprise Zone Program › Section I-725 - Recommendations of the Secretaries of Economic Development and Revenue

Current through Register Vol. 50, No. 6, June 20, 2024
A. Business
				Incentive Services shall forward the application with its recommendation to the
				secretary of the Louisiana Department of Revenue and the secretary of the
				Louisiana Department of Economic Development for their review and
				recommendations. The secretaries of the Department of Revenue and the
				department may submit a letter of no objection in lieu of a letter of
				recommendation.
B. The department
				must receive a letter-of-no-objection or a letter-of-approval from the LDR,
				prior to submitting the application to the board for action. If LDR issues an
				objection to an application other than an objection because an applicant is in
				active negotiations with, under audit by or in litigation with LDR, the
				applicant has six months to clear the objection or the application shall be
				cancelled. The six month period shall begin on the date LED sends written
				notification to the company of the objection received from LDR. Applicants may
				demonstrate active negotiation to LED by providing written documentation
				periodically, but at least every six months, of ongoing, bilateral
				communications between the applicant or its representative and LDR, even if
				such communication begins after the objection was issued, or other written
				verification as approved by LED.
C.
				If LDR issues an objection to an application, the applicant has six months to
				clear the objection or the application shall be cancelled by the department.
				The six month period shall begin on the date LED sends written notification to
				the company of the objection received from LDR.
1. Except that the department may, in its
				sole discretion, grant an extension in the following circumstances.
a. Active Negotiation. An extension may be
				granted to applicants which demonstrate active negotiation to LED by providing
				written documentation of ongoing, bilateral communications between the
				applicant or its representative and LDR as applicable, even if such
				communication begins after the objection was issued, or other written
				verification as approved by LED.
i. The
				extension shall not exceed six months, and an application with an active,
				unresolved objection shall be cancelled by the department one year after
				sending written notification to the company of the objection.
Louisiana Administrative Code › Title 13 - ECONOMIC DEVELOPMENT › Part I - Financial Incentive Programs › Chapter 7 - Enterprise Zone Program › Section I-727 - Application Review by the Board of Commerce and Industry

Current through Register Vol. 50, No. 6, June 20, 2024
A. Business Incentive Services shall present
				an agenda of applications to the board with recommendations based upon its
				findings.
B. Each business or its
				representative will be notified of the board meeting date at which its
				application will be considered. The business should have someone present who is
				able to answer any questions the board may have regarding the information
				contained in the application. In the event there is no representative present,
				the application may be deferred or denied.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  51:1786(5).