reglab/statecodes huggingface dataset:
Louisiana Administrative Code › Title 61 - REVENUE AND TAXATION › Part V - Ad Valorem Taxation › Chapter 27 - Guidelines for Application, Classification and Assessment of Land Eligible to be Assessed at Use Value › Section V-2701 - Definitions of Land Eligible for Use Value Assessment

Current through Register Vol. 50, No. 6, June 20, 2024
Bona Fide Agricultural Land
-land devoted to
				  the production for sale, in reasonable commercial quantities, of plants and
				  animals, or their products, useful to man and agricultural land under a
				  contract with a state or federal agency restricting its use for agricultural
				  production.
Bona Fide Horticultural Land
-land devoted to
				  the production for sale, in reasonable commercial quantities, of fruits,
				  vegetables, flowers or ornamental plants, and horticultural land under a
				  contract with a state or federal agency restricting its use for horticultural
				  production.
Bona Fide Marsh Land
-wet land other than
				  bona fide agricultural, horticultural or timber land.
Bona Fide Timberland
-land stocked by forest
				  trees of any size and specie, or formerly having such tree cover within the
				  last three years and not currently developed or being used for non-forest
				  purposes, and devoted to the production, in reasonable commercial quantities,
				  of timber and timber products, and timberland under a contract with a state or
				  federal agency restricting its use for timber production.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  47:2301 through
				  R.S.
				  47:2308.
Louisiana Administrative Code › Title 61 - REVENUE AND TAXATION › Part V - Ad Valorem Taxation › Chapter 27 - Guidelines for Application, Classification and Assessment of Land Eligible to be Assessed at Use Value › Section V-2703 - Eligibility Requirements and Application for Use Value Assessment

Current through Register Vol. 50, No. 6, June 20, 2024
A. In order to be
				classified as bona fide agricultural, horticultural, marsh or timberland and
				assessed at its use value under the provisions of Article VII, Section 18(C) of
				the Louisiana Constitution of 1974, it must:
1. meet the definition of bona fide
				agricultural, horticultural, marsh or timberland as described in Section 2302
				of Title 47 of the Louisiana Revised Statutes of 1950 and the eligibility
				requirements of
				R.S.
				47:2303; and
2. the owner must file an application, copy
				included in this Section, (see Form 2703) with the assessor in the parish or
				district where the property is located, certifying that the property is
				eligible for use value assessment.
Louisiana Administrative Code › Title 61 - REVENUE AND TAXATION › Part V - Ad Valorem Taxation › Chapter 27 - Guidelines for Application, Classification and Assessment of Land Eligible to be Assessed at Use Value › Section V-2705 - Classification

Current through Register Vol. 50, No. 6, June 20, 2024
A. The Modern Soil
				Surveys published by the U.S. Department of Agriculture, Natural Resources
				Conservation Service, in cooperation with the Louisiana Agricultural Experiment
				Station, listed in Map Index, together with the conversion legends prepared and
				distributed by the Natural Resources Conservation Service, shall be used for
				determining the use value classification of agricultural, horticultural and
				timberland. The parishes in which Modern Soil Surveys have been completed and
				published are indicated in Table 2707.
B. The General Soil Maps, published by the U.
				S. Department of Agriculture, Natural Resources Conservation Service, listed in
				Map Index, together with the conversion legends prepared and distributed by the
				Natural Resources Conservation Service, shall be used for determining use value
				classifications in all parishes until the time that the Modern Soil Surveys for
				such parishes are completed. On January 1 of the year after which the Modern
				Soil Survey for any parish is completed, such Modern Soil Survey shall then be
				used for determining use value classifications for said parish and the use of
				the General Soil Map in said parish shall thereafter be discontinued.
C. It is the intent that General Soil Maps
				are to be used only in the absence of and until Modern Soil Surveys are
				completed in the future by the U.S. Department of Agriculture, Natural
				Resources Conservation Service, on presently unmapped areas. However, at the
				option of and by agreement between the assessor and the land owner, Modern Soil
				Surveys that have been completed on any part of any parish (including
				individual farms or tracts of land), can be used for determining use value
				classifications until such time as the Modern Soil Survey for that parish is
				completed.
AUTHORITY NOTE:
				  Promulgated in accordance with LSA-Constitution of 1974, Article VII, §18,
				  R.S.
				  47:2302,
				  R.S.
				  47:2303 and
				  R.S.
				  47:2304.
Louisiana Administrative Code › Title 61 - REVENUE AND TAXATION › Part V - Ad Valorem Taxation › Chapter 27 - Guidelines for Application, Classification and Assessment of Land Eligible to be Assessed at Use Value › Section V-2709 - Assessment and Classification-Agricultural and Horticultural

Current through Register Vol. 50, No. 6, June 20, 2024
A. Assessment of Agricultural and
				Horticultural Lands. Use Value Table 2717.A presents the use value and assessed
				value of all bona fide agricultural and horticultural lands.
B. Classification of Agricultural and
				Horticultural Lands. The first four classifications of soils designated by the
				U.S. Department of Agriculture, Natural Resources Conservation Service, with
				such modifications as may be required by special circumstances, are hereby
				established for classification of agricultural and horticultural lands into
				Class I, II, III and IV lands, provided that all lands subject to regular and
				periodic flooding may be classified as Class IV lands.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  47:2301 through R.S. 47:
				  2308.
Louisiana Administrative Code › Title 61 - REVENUE AND TAXATION › Part V - Ad Valorem Taxation › Chapter 27 - Guidelines for Application, Classification and Assessment of Land Eligible to be Assessed at Use Value › Section V-2713 - Assessment of Timberland

Current through Register Vol. 50, No. 6, June 20, 2024
A. Use
				Value Table 2717.B presents the assessed value of all bona fide
				timberland.
B. Classification of
				Timberland. Timberland shall be classified into four categories as follows.
1. Class 1 timberland is timberland capable
				of producing more than 120 cubic feet of timber per acre per annum.
2. Class 2 timberland is timberland capable
				of producing more than 85 but less than 120 cubic feet of timber per acre per
				annum.
3. Class 3 timberland is
				timberland capable of producing less than 85 cubic feet of timber per acre per
				annum.
4. Class 4 timberland is
				timberland capable of producing less than 85 cubic feet of timber per acre per
				annum and which is subject to periodic overflow from natural or artificial
				water courses, and which is otherwise considered to be swampland.
Louisiana Administrative Code › Title 61 - REVENUE AND TAXATION › Part V - Ad Valorem Taxation › Chapter 27 - Guidelines for Application, Classification and Assessment of Land Eligible to be Assessed at Use Value › Section V-2715 - Assessment of Marsh Land

Current through Register Vol. 50, No. 6, June 20, 2024
A. Use
				Value Table 2717.C.1 and 3 presents the guidelines for determining the assessed
				value of all bona fide marsh land.
B. The assessor of each parish containing
				bona fide marsh land shall determine the use value of such land as defined in
				R.S.
				47:2302 and shall assess such land on the
				basis of its highest use value. In determining the use value of such lands, the
				assessors shall utilize the use value table prepared by the Tax Commission,
				which shall be applied uniformly statewide.
C. The table prepared by the Tax Commission
				shall define each different classification of marshland, a range of production
				within each class and the range of returns based upon the past four year
				averages.
D. In preparing the use
				value table for marshland, the Tax Commission shall consider the following
				factors:
1. classification of the marshland as
				either freshwater, brackish, or saltwater marshland;
2. the income that may be produced within
				each class;
3. income derived from
				the traditional use of such marshland, as such uses are enumerated in
				R.S.
				47:2301;
4. physical and economic risks attendant
				thereto;
5. prevailing interest
				rates;
6. liquidity of
				investments;
7. federal and state
				regulatory authority governing use of such marshland.
Louisiana Administrative Code › Title 61 - REVENUE AND TAXATION › Part V - Ad Valorem Taxation › Chapter 27 - Guidelines for Application, Classification and Assessment of Land Eligible to be Assessed at Use Value › Section V-2717 - Tables-Use Value

Current through Register Vol. 50, No. 6, June 20, 2024
A. Average Assessed
				Value per Acre of Agricultural and Horticultural Land, by Class
Table 2717.A
Average Assessed Value per Acre
							 of Agricultural and Horticultural Land, by Class
Class
Assessed Value Per
							 Acre
Upper
Lower
Class I
$48.31
$40.83
Class II
$40.54
$30.46
Class III
$29.89
$26.45
Class IV
$25.85
$17.22
B.
				Average Assessed Value per Acre of Timberland, by Class
Table 2717.B
Average Assessed Value per Acre
							 of Timberland, by Class
Class
Assessed Value Per
							 Acre
Class 1
$40.22
Class 2
$28.54
Class 3
$12.38
Class 4
$7.51
C.
				Average Assessed Value per Acre of Marsh Land, by Class
Table 2717.C.1
Average Assessed Value per Acre
							 of Marshland, by Class West Zone
Class
Assessed Value Per
							 Acre
Fresh Water Marsh
$7.00
Brackish Water Marsh
$6.00
Salt Water Marsh
$5.00
Table 2717.C.2
Parishes Considered to be
							 Located in the West Zone
Acadia
Iberia
St. Landry
Vermilion
Calcasieu
Jefferson Davis
St. Martin
Cameron
Lafayette
St. Mary
Table 2717.C.3
Average Assessed Value per Acre
							 of Marshland, by Class East Zone
Class
Assessed Value Per Acre
Fresh Water Marsh
$ 5.00
Brackish Water Marsh
$ 4.00
Salt Water Marsh
$ 3.00
Table 2717.C.4
Parishes Considered to be
							 Located in the East Zone
Ascension
Lafourche
St. Charles
Terrebonne
Assumption
Livingston
St. James
West Baton Rouge
East Baton Rouge
Orleans
St. John
Iberville
Plaquemines
St. Tammany
Jefferson
St. Bernard
Tangipahoa
NOTE: Only the parishes listed above should have lands
				  classified as marshland. All other parishes should classify such land as all
				  other acreage.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  47:2301 through
				  R.S.
				  47:2308.
Louisiana Administrative Code › Title 61 - REVENUE AND TAXATION › Part V - Ad Valorem Taxation › Chapter 29 - Public Service Properties › Section V-2901 - Non-Operating or Non-Utility Property

Current through Register Vol. 50, No. 6, June 20, 2024
A. Includes property held for future use or
				development, property leased to third parties, and certain other property not
				included in the company rate base.
B. Non-operating or non-utility real property
				shall be any lands not actually used for utility purposes or lands leased,
				rented, loaned or otherwise used for commercial, industrial or other purposes.
				This also applies to any building not directly involved in the utility purpose.
				(This definition is for the sole purpose of establishing the criteria for
				determining when the property is to be assessed by the local assessor in
				accordance with
				R.S.
				47:1853.C).
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  47:1853 and
				  R.S.
				  47:1855.
Louisiana Administrative Code › Title 61 - REVENUE AND TAXATION › Part V - Ad Valorem Taxation › Chapter 29 - Public Service Properties › Section V-2903 - Immovable Property of Electric Membership Corporations, Electric Power Companies, Gas Companies, Pipeline Companies, Railroad Companies, Telegraph Companies, Telephone Companies and Water Companies Assessed as Public Service Companies by the Louisiana Tax Commission

Current through Register Vol. 50, No. 6, June 20, 2024
A. Immovable property as defined in
				R.S.
				47:1851(H), shall be
				reported by the taxpayer to the assessor of the parish or district where the
				property is located. Upon request by the assessor, each public service company
				shall furnish a list of the immovable property by description and location to
				that assessor for his sole purpose of locating and inspecting property covered
				by the public service assessment.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  47:1853 and
				  R.S.
				  47:1855.
Louisiana Administrative Code › Title 61 - REVENUE AND TAXATION › Part V - Ad Valorem Taxation › Chapter 29 - Public Service Properties › Section V-2905 - Report of Values to the Assessor

Current through Register Vol. 50, No. 6, June 20, 2024
A. The Louisiana Tax Commission shall
				allocate the assessed value of each public service company among the parishes
				of the state on or before September 1 of each year.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  47:1853 and
				  R.S.
				  47:1855.
Louisiana Administrative Code › Title 61 - REVENUE AND TAXATION › Part V - Ad Valorem Taxation › Chapter 29 - Public Service Properties › Section V-2909 - Appraisal of Public Service Properties

Current through Register Vol. 50, No. 6, June 20, 2024
A. In appraising public service properties,
				the Louisiana Tax Commission shall:
1. employ
				all of the following nationally recognized techniques of appraisal, where
				applicable, to best determine fair market value:
a. the market approach;
b. the cost approach;
c. the income approach;
Louisiana Administrative Code › Title 61 - REVENUE AND TAXATION › Part V - Ad Valorem Taxation › Chapter 31 - Public Exposure of Assessments; Appeals › Section V-3101 - Public Exposure of Assessments, Appeals to the Board of Review and Board of Review Hearings

Current through Register Vol. 50, No. 6, June 20, 2024
A. Assessment lists
				shall be open for public inspection each year for a period of 15 days,
				beginning no earlier than August 15 and ending no later than September 15,
				except in Jefferson Parish, where the lists shall be open for public inspection
				no earlier than August 1 and ending no later than September 15 and in Orleans
				Parish, the lists shall be exposed daily, except Saturday, Sunday, and legal
				holidays, for inspection by the taxpayers and other interested persons during
				the period of July 15-August 15 of each year unless August 15 falls on a
				weekend or a legal holiday, when the period shall extend until the next
				business day.
1. If and when the taxable
				assessment of a taxpayer's property for a tax year increases by 15 percent or
				more from its assessment in the previous tax year, the assessor, prior to
				opening the assessment lists for public inspection, shall provide notice to a
				taxpayer of the assessment for current tax year and previous tax year by using
				Form TC-2, notice of increase in property value (see
				R.S.
				47:1987).
2. A property owner or authorized agent of
				the property owner may make a written request for notice of the current year's
				assessment of the property of which that person is the owner, however, such
				request shall be made no sooner than the first day of June of that year, and
				such request shall be received by the assessor of the parish or district in
				which the property is located no later than June fifteenth of that same year.
				The authorized agent of the property owner shall provide with the request for
				the assessment, written authorization from the property owner for that agent to
				act as the authorized agent of the property owner in the request of the notice
				of an assessment. The property owner or the authorized agent of the property
				owner shall provide to the assessor at the time of the mailing of the notice,
				appropriate means for the return of the notice such as a self-addressed stamped
				envelope of sufficient size and adequate postage to hold the notice requested.
				The assessor, at no cost to him, shall deliver to the property owner or the
				authorized agent of the property owner through the means provided a written
				notice of the assessed value of the property no later than the close of
				business on the third day for inspection of the assessment lists.
3. Any property owner or agent who has
				requested notice of assessed value pursuant to Paragraph 2 of this Subchapter
				may also provide an email address to the assessor. If an email address is
				provided within the period specified in Paragraph 2 of this Subchapter, the
				assessor shall email written notice of the assessed value of the related
				property on the first day for the inspection of the assessment lists.
Louisiana Administrative Code › Title 61 - REVENUE AND TAXATION › Part V - Ad Valorem Taxation › Chapter 31 - Public Exposure of Assessments; Appeals › Section V-3102 - Appeals to the Louisiana Tax Commission (for appeals filed before January 1, 2022) (Repealed)

Current through Register Vol. 50, No. 6, June 20, 2024
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  47:1837,
				  R.S.
				  47:1989 and
				  R.S.
				  47:1922.
Louisiana Administrative Code › Title 61 - REVENUE AND TAXATION › Part V - Ad Valorem Taxation › Chapter 31 - Public Exposure of Assessments; Appeals › Section V-3103 - Appeals to the Louisiana Tax Commission

Current through Register Vol. 50, No. 6, June 20, 2024
A. The
				Louisiana Constitution provides that the correctness of assessments made by an
				assessor will be subject to review first by the parish governing authority,
				then by the Louisiana Tax Commission, and finally by the courts, all in
				accordance with procedures established by law. La. Const. Article VII,
				Section
				18(E)
B.
1. An
				appeal to the commission shall be filed with the commission within 30 calendar
				days of the earlier of the Board of Review's written decision is properly sent
				to the taxpayer and assessor; or actual delivery of the Board of Review's
				determination, whether electronic or otherwise. In order to institute a
				proceeding before the commission, the taxpayer, assessor, or bona fide
				representative of a tax recipient body shall file Form 3103.A and, if
				applicable, Form 3103.B. The applicant must include a copy of the Board of
				Review's written decision and notification letter with the Form 3103.A. All
				appeals shall be deemed filed when deposited with the United States Postal
				Service and can be evidenced by proof of mailing by registered or certified
				mail. Appeals may also be filed electronically on the commission's website. The
				commission may summarily dismiss an appeal not timely filed with all required
				documents.
2. In addition to the
				Forms 3103.A and 3103.B, the applicant may attach any additional documents or
				pleadings containing further information concerning the appeal.
3. Appeals filed by a taxpayer shall be
				docketed and captioned as follows.
STATE OF LOUISIANA
LOUISIANA TAX COMMISSION
Taxpayer
v.
Assessor and Parish Board of Review
DOCKET NO. _________
4. Appeals filed by an assessor shall be
				docketed and captioned as follows.
STATE OF LOUISIANA
LOUISIANA TAX COMMISSION
Assessor
v.
Taxpayer and Parish Board of Review
DOCKET NO. _________
5. Appeals filed by a bona fide
				representative of a tax recipient body shall be docketed and captioned as
				follows.
STATE OF LOUISIANA
LOUISIANA TAX COMMISSION
Tax Recipient Body
v.
Assessor, Taxpayer, and Parish Board of
				  Review
DOCKET NO. _________
Louisiana Administrative Code › Title 61 - REVENUE AND TAXATION › Part V - Ad Valorem Taxation › Chapter 31 - Public Exposure of Assessments; Appeals › Section V-3105 - Practice and Procedure for Public Service Properties Hearings

Current through Register Vol. 50, No. 6, June 20, 2024
A. The Tax
				Commission or its designated representative, as provided by law, shall conduct
				hearings to consider the written protest of an applicant taxpayer. The appeal
				shall be filed within 30 days after receipt of the public service section's
				certificate of value. In order to institute a proceeding before the commission,
				the taxpayer shall file Form 3105.A and, if applicable Form 3103.B.
B.
1. All
				filings to the Louisiana Tax Commission shall be filed, in proper form,
				consisting of an original and seven copies on letter size paper, with the
				Office of the Administrator. All appeals and filings shall be deemed filed when
				deposited with the United States Postal Service and can be evidenced by proof
				of mailing by registered or certified mail.
2. The Office of the Administrator shall be
				sent one "service copy" of all State Court, Federal Court, Appellate Court,
				and/or Supreme Court pleadings in which the LTC is named party in addition to
				Special Counsel for the LTC.
Louisiana Administrative Code › Title 61 - REVENUE AND TAXATION › Part V - Ad Valorem Taxation › Chapter 31 - Public Exposure of Assessments; Appeals › Section V-3106 - Practice and Procedure for the Appeal of Bank Assessments

Current through Register Vol. 50, No. 6, June 20, 2024
A. The Tax
				Commission or its designated representative, as provided by law, shall conduct
				hearings to consider the written protest of an applicant taxpayer. The appeal
				shall be filed within thirty (30) days of the dated Certificate of Value to the
				taxpayer. In order to institute a proceeding before the commission, the
				taxpayer shall file Form 3106.A and, if applicable Form 3103.B.
B. All filings to the Louisiana Tax
				Commission shall be filed with the Office of the Administrator. They shall be
				deemed filed only when actually received, in proper form. All filings shall be
				in the form of an original and seven copies on letter size paper.
1. The Office of the Administrator shall be
				sent one "service copy" of all State Court, Federal Court, Appellate Court,
				and/or Supreme Court pleadings in which the LTC is named party in addition to
				Special Counsel for the LTC.
Louisiana Administrative Code › Title 61 - REVENUE AND TAXATION › Part V - Ad Valorem Taxation › Chapter 31 - Public Exposure of Assessments; Appeals › Section V-3107 - Practice and Procedure for Appeal of Insurance Credit Assessments

Current through Register Vol. 50, No. 6, June 20, 2024
A. Tax
				Commission or its designated representative, as provided by law, shall conduct
				hearings to consider the written protest of an applicant taxpayer. The appeal
				shall be filed within 30 days of the dated certificate of value to the
				taxpayer. In order to institute a proceeding before the commission, the
				taxpayer shall file Form 3107.A and, if applicable Form 3103.B.
B. All filings to the Louisiana Tax
				Commission shall be filed with the Office of the Administrator. They shall be
				deemed filed only when actually received, in proper form. All filings shall be
				in the form of an original and seven copies on letter size paper.
1. The Office of the Administrator shall be
				sent one "service copy" of all state court, federal court, appellate court,
				and/or Supreme Court pleadings in which the LTC is named party in addition to
				Special Counsel for the LTC.
Louisiana Administrative Code › Title 61 - REVENUE AND TAXATION › Part V - Ad Valorem Taxation › Chapter 33 - Financial Institutions › Section V-3301 - Guidelines for Ascertaining the Fair Market Value of Financial Institutions

Current through Register Vol. 50, No. 6, June 20, 2024
A. The shares of
				stock of all banks, banking companies, firms, associations or corporations
				doing a banking business in this state, chartered by the laws of this state or
				of the United States are hereby declared subject to taxation for all purposes
				in this state. (R.S.
				47:1967)
B. The shares of stock of all capital stock
				associations are hereby declared subject to taxation for all purposes in this
				state. (R.S.
				6:942)
C. The basis for arriving at the valuation of
				the shares of stock in any such bank or capital stock association engaged in
				the banking or capital stock association business shall be the stockholder
				equity capital, which shall be determined by the addition of paid-in common
				stock, surplus, undivided profits and all capital reserves, excluding those
				reserves for loan losses as allowed by the United States Internal Revenue
				Service. Equity capital shall be adjusted to remove that portion of equity
				capital based on United States obligations by deducting a percentage of equity
				capital based on the ratio of U.S. obligations to total assets. Borrowed money
				and the value of the preferred stock issued by any such bank or capital stock
				association and actually owned by the United States of America, or any agency
				thereof, shall not be construed as equity for the purpose of this
				Section.
D. For the purposes of
				determining the fair market value of bank stock, the following criteria shall
				be used: stockholder equity shall serve as a four times factor, 80 percent and
				annual net earnings of the individual banking institution shall serve as a
				onetime factor, 20 percent. Annual net earnings shall be adjusted to remove
				that portion of earnings based on United States obligations by deducting a
				percentage of annual net earnings based on the ratio of interest on United
				States obligations to total operating income. Negative earnings shall be
				included in this formula, but there shall be no earnings loss carried forward
				or backward. For the purpose of computing the one time, 20 percent earnings
				factor, the earnings shall be capitalized by multiplying the annual net
				earnings or net loss of the banking institution by the average price earnings
				ratio for such institutions as published by a nationwide recognized bond and
				securities rating firm.
1. The price earnings
				ratio to be used for this purpose shall be computed based on the quarterly
				average of the previous seven years of the index selected by the Tax Commission
				by dropping the highest and lowest ratio years and averaging the remaining five
				years.
2. The calculated price
				earnings ratio, to be used to compute bank shareholders assessments, shall not
				change, up or down, by more than 1.5 points from the ratio used in the previous
				year.
Louisiana Administrative Code › Title 61 - REVENUE AND TAXATION › Part V - Ad Valorem Taxation › Chapter 33 - Financial Institutions › Section V-3303 - Allocation for Credit Purposes of Assessments Not Directly Attributable to a Specific Office

Current through Register Vol. 50, No. 6, June 20, 2024
A. All
				property assessments not directly attributable to a specific office will be
				allocated, for purposes of the 50 percent credit from shareholders assessments,
				according to the following methods.
1. If the
				institution has one or more office(s) in the parish where such property
				assessments are located, the amount to be allocated to each such office shall
				be determined by the percentage each office's average of deposits bears to the
				total average deposits of all offices in that parish.
2. If the institution does not have a full
				service banking office in the parish where such property assessments are
				located, the credit shall be assigned to the institution's main office
				location.
Louisiana Administrative Code › Title 61 - REVENUE AND TAXATION › Part V - Ad Valorem Taxation › Chapter 33 - Financial Institutions › Section V-3305 - Listing and Assessing of Stock; Place (Multi-Parish Branch Offices)

Current through Register Vol. 50, No. 6, June 20, 2024
A. When any bank,
				banking company, firm, association, corporation or capital stock association
				operates one or more branch office(s) in any parish or parishes other than the
				parish of its legal domicile, its assessment shall be divided for state and
				local purposes, and the number of shares of stock or fractions thereof, to be
				assessed in each parish in which such branches are maintained shall be
				determined by the proportion which the capital stock assigned to each branch
				shall bear to the whole of capital stock. (R.S.
				47:1968 and
				R.S.
				6:943)
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  47:1967,
				  R.S.
				  47:1968,
				  R.S.
				  47:1969,
				  R.S.
				  6:942,
				  R.S.
				  6:943 and
				  R.S.
				  6:944.
Louisiana Administrative Code › Title 61 - REVENUE AND TAXATION › Part V - Ad Valorem Taxation › Chapter 33 - Financial Institutions › Section V-3307 - Methods of Branch Office Allocations

Current through Register Vol. 50, No. 6, June 20, 2024
A. Under guidelines hereby established, a
				financial institution is granted the discretion of electing either of the
				following approved methods of allocating both capital stock and net income for
				each branch office when more than one parish is involved:
1. actual (per accounting records)-branch
				capital and net income;
2.
				deposits-quarterly average as a percentage of branch to total
				institution.
Louisiana Administrative Code › Title 61 - REVENUE AND TAXATION › Part V - Ad Valorem Taxation › Chapter 33 - Financial Institutions › Section V-3309 - Listing and Assessing of Stock; Branch Offices

Current through Register Vol. 50, No. 6, June 20, 2024
A. When any bank, banking company, firm,
				association, corporation or capital stock association operates a branch office
				or offices in different municipalities wholly within the limits of the parish
				of its legal domicile, its tax assessment for state and local purposes may be
				assessed at its domicile or may be apportioned among the various municipalities
				in which such institution and its branch or branches are located in the
				proportion which the respective amount of deposits in such branches shall bear
				to the total deposits of such institution. The amount of deposits to be
				determined as of the thirty-first day of December of the preceding year.
				Exercise of the provisions in this Section is discretionary with the financial
				institution affected hereby and shall not apply to the Parish of Orleans.
				(R.S.
				47:1969 and
				R.S.
				6:944)
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  47:1967,
				  R.S.
				  47:1968,
				  R.S.
				  47:1969,
				  R.S.
				  6:942,
				  R.S.
				  6:943 and
				  R.S.
				  6:944.
Louisiana Administrative Code › Title 61 - REVENUE AND TAXATION › Part V - Ad Valorem Taxation › Chapter 35 - Miscellaneous › Section V-3501 - Service Fees-Tax Commission

Current through Register Vol. 50, No. 6, June 20, 2024
A. The
				Tax Commission is hereby authorized on an interim basis for the period
				beginning on July 1, 2021, and ending on June 30, 2026, to levy and collect the
				following fees in connection with services performed by the commission:
1. A fee for the assessment of public service
				properties, at the rate of four hundredths of one percent of the assessed value
				of such properties, to be paid by each public service property which pays ad
				valorem taxes.
2. A fee for the
				assessment of insurance companies, at the rate of three hundredths of one
				percent of the assessed value of such properties, to be paid by each insurance
				company which pays ad valorem taxes.
3. A fee for the assessment of financial
				institutions, at the rate of three hundredths of one percent of the assessed
				value of such properties, to be paid by each bank stock and loan and finance
				company which pays ad valorem taxes.
Louisiana Administrative Code › Title 61 - REVENUE AND TAXATION › Part V - Ad Valorem Taxation › Chapter 35 - Miscellaneous › Section V-3505 - Housing for the Homeless

Current through Register Vol. 50, No. 6, June 20, 2024
A. For
				the purpose of applying the exemption from ad valorem taxation provided in
				Article VII, Section 21(B)(l)(b) of the Constitution of Louisiana, the
				following definitions have been adopted by the Tax Commission in accordance
				with Act 845 of 1989:
1. a homeless person is
				one without a house, an apartment, a room or any type of residence or
				domicile;
2. "term of lease" shall
				mean the total length of the lease, including renewals at the option of the
				lessees, that the lessor obligates property to a nonprofit corporation or
				association for use solely as housing for the homeless.
Louisiana Administrative Code › Title 61 - REVENUE AND TAXATION › Part V - Ad Valorem Taxation › Chapter 35 - Miscellaneous › Section V-3509 - Tulane University- Exemption Allocation Regulation

Current through Register Vol. 50, No. 6, June 20, 2024
A. This Regulation shall be titled and known
				as "Tulane University- Exemption Allocation Regulation".
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  47:1837 and
				  R.S.
				  47:1856.
Louisiana Administrative Code › Title 61 - REVENUE AND TAXATION › Part V - Ad Valorem Taxation › Chapter 35 - Miscellaneous › Section V-3511 - Tulane University-Purpose

Current through Register Vol. 50, No. 6, June 20, 2024
A. This regulation establishes general
				applicability, definitions, and requirements as it pertains to application of a
				statewide exemption in favor of Tulane University.
B. Tulane University is exempt from property
				taxes on the following types or uses of properties:
1. properties used for its educational
				purposes;
2. vacant, non-income
				producing properties; and
3.
				income-producing properties up to a maximum statewide total limit of $5,000,000
				in fair market value.
Louisiana Administrative Code › Title 61 - REVENUE AND TAXATION › Part V - Ad Valorem Taxation › Chapter 35 - Miscellaneous › Section V-3515 - General Rule

Current through Register Vol. 50, No. 6, June 20, 2024
A. Each
				property of Tulane University statewide for each tax year shall be and remain
				marked as exempt on all tax rolls until the commission has allocated the Tulane
				exemption across all non-exempt property according to the allocation formula
				and delivers its supplements or change orders to each reporting parish
				indicating the net fair market value and resulting assessed value for the land
				and improvements of each non-exempt property.
B. Should the fair market value of Tulane
				University's non-exempt property exceed the Tulane exemption then the
				commission shall determine the net fair market value and resulting assessed
				value of each non-exempt property according to the allocation
				formula.
C. The property status as
				of January 1st (August 1st preceding the tax year for Orleans Parish) each tax
				year shall determine whether a property is non-exempt property.
D. Since Orleans Parish imposes a prospective
				taxable year for ad valorem taxes and all other parishes in the state impose a
				retrospective taxable year, for the purpose of allocation of the Tulane
				exemption only, and no other matter, the prospective taxable year of Orleans
				Parish and the retrospective taxable year applicable in all other parishes
				shall be considered the same taxable year.
E. All Tax Assessors and related governmental
				entities shall use current, accurate property legal descriptions found in the
				public records for all real estate assessments, correspondence, and notices
				when complying with §3509
F. All
				Tulane University property tax bills and related correspondence shall be sent
				to:
Tulane University
Attention: Director of Real Estate
800 East Commerce Road, Suite 201
Harahan, LA 70123-3452
G. All correspondence to the commission
				related to Regulation 3509 shall be sent to:
Louisiana Tax Commission
Attention: Tulane Exemption
Post Office Box 66788
Baton Rouge, LA 70896 -6788
H. All correspondence to each Tax Assessor
				related to
				Section
				3509 shall be sent to its
				address as shown in the public record.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  47:1837 and
				  R.S.
				  47:1856.
Louisiana Administrative Code › Title 61 - REVENUE AND TAXATION › Part V - Ad Valorem Taxation › Chapter 35 - Miscellaneous › Section V-3519 - Tulane University-Allocation Formula

Current through Register Vol. 50, No. 6, June 20, 2024
A. The taxable assessed value of each
				property to be determined by the commission in compliance with
				§3509 and delivered by the commission to
				each reporting municipal district/parish in the form of a supplement or change
				order to the regular tax roll shall be calculated as follows.
1. Exemption Percentages and Amounts.
				Purpose: calculate both the percentage and the dollar amount of the Tulane
				exemption applicable to land and both the percentage and the dollar amount of
				the Tulane exemption applicable to improvements:
a. (FMV Land Statewide) (x) (Land Assessment
				Ratio) (=) (Land Assessed Value Statewide)
b. (FMV Improvements Statewide) (x)
				(Improvement Assessment Ratio) (=) (Improvement Assessed Value
				Statewide)
c. (Land Assessed Value
				Statewide) (+) (Improvement Assessed Value Statewide) (=) (Total Assessed Value
				Statewide)
d. (Land Assessed Value
				Statewide) (/) (Total Assessed Value Statewide) (=) (Land Exemption Percentage
				Statewide)
e. (Improvement Assessed
				Value Statewide) (/) (Total Assessed Value Statewide) (=) (Improvement
				Exemption Percentage Statewide)
f.
				(Land Exemption Percentage Statewide) (x) (Tulane Exemption) (=) (Land
				Exemption Amount Statewide)
g.
				(Improvement Exemption Percentage Statewide) (x) (Tulane Exemption) (=)
				(Improvement Exemption Amount Statewide)
Louisiana Administrative Code › Title 61 - REVENUE AND TAXATION › Part V - Ad Valorem Taxation › Chapter 35 - Miscellaneous › Section V-3521 - Tulane University-Allocation Report

Current through Register Vol. 50, No. 6, June 20, 2024
A. On the Tulane Hearing Date, the commission
				shall calculate and adopt the Allocation Formula and evidence its application
				on the report entitled Tulane University Exemption Allocation Report (LTC Form
				TC-TU02).
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  47:1837 and
				  R.S.
				  47:1856.
Louisiana Administrative Code › Title 61 - REVENUE AND TAXATION › Part V - Ad Valorem Taxation › Chapter 35 - Miscellaneous › Section V-3523 - Tulane University-Forms

Current through Register Vol. 50, No. 6, June 20, 2024
A.
				The following forms shall be used in the Tulane University exemption and
				non-exemption reporting process.
1. Louisiana
				Tax Commission Form TC-TU01-A, Tulane Non-Exempt Property Report.
2. Louisiana Tax Commission Form TC-TU01-B,
				Tulane Non-Exempt Property Report of the Pre-Exemption Property
				Values.
3. Louisiana Tax Commission
				Form TC-TU02, Tulane University Exemption Allocation Report.
Louisiana Administrative Code › Title 61 - REVENUE AND TAXATION › Part V - Ad Valorem Taxation › Chapter 35 - Miscellaneous › Section V-3525 - Reporting of Certain Property Assessments by Assessors and Louisiana Tax Commission Members

Current through Register Vol. 50, No. 6, June 20, 2024
A. In
				accordance with
				R.S.
				47:1979(A), if a tax
				assessor or a member of his immediate family owns property within his
				jurisdiction, such assessor shall assess the property in accordance with all
				applicable provisions of law. As used in this Section, "own" shall include a
				direct ownership, ownership in part, or through any legal entity.
B. The tax assessor shall submit all such
				assessments to the Louisiana Tax Commission within 30 days after the filing of
				the assessor's assessment rolls with the Louisiana Tax Commission, and the
				commission shall then review those assessments for compliance with all
				applicable laws and Louisiana Tax Commission rules and regulations.
C. Upon appraisal review, if the Louisiana
				Tax Commission determines that any assessment is questionable, the Louisiana
				Tax Commission shall give written notice to the assessor of its findings and
				subsequently clarify and/or remedy the assessment matter with the
				assessor.
D. In accordance with
				R.S.
				47:1979(B), the members of
				the Louisiana Tax Commission shall file the same report as required in
				R.S.
				47:1979(A) and shall list
				the ownership of all property within the state owned by him or a member of his
				immediate family along with the assessment of such property as shown on the
				appropriate assessment roll.
E. The
				Louisiana Tax Commission shall submit the members' property assessment reports
				with the President of the Senate, the Speaker of the House of Representatives
				and the Legislative Audit Advisory Council no later than December 15 of each
				calendar year.
F. For the purpose
				of defining "immediate family"R.S.
				42:1102(13) identifies the
				family members to include:
1. sons and their
				spouses;
2. daughters and their
				spouses;
3. brothers and their
				spouses;
4. sisters and their
				spouses;
5. parents;
6. spouse; and
7. parents of spouse.
Louisiana Administrative Code › Title 61 - REVENUE AND TAXATION › Part V - Ad Valorem Taxation › Chapter 37 - Reassessment Guidelines Pursuant to R.S. 47.1978 and 1978.1 › Section V-3701 - Listing and Assessing of Overflowed Lands

Current through Register Vol. 50, No. 6, June 20, 2024
A. Whenever lands or other property are
				overflowed by the waters of the Mississippi River, or by the waters of any
				other river, lake, bayou, or backwater, the assessors within whose parishes
				such lands or other property may be situated, shall reassess such lands or
				property for their actual cash value, and in so doing they shall specially take
				into consideration all the damages to the lands or property and the
				depreciation of the value of such land or property caused by the overflow. The
				assessors throughout the state shall make these reassessments whether the time
				fixed by law for filing assessment rolls has elapsed or not, and in case of
				reassessments, as provided by this Section, the assessor shall prepare
				supplemental rolls of overflowed lands and other overflowed property, which
				they shall file in the manner provided by law for general assessment rolls;
				such reassessment shall be subject to the same rights as to contest as to
				assessment generally.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  47:1978 and
				  R.S.
				  47:1978.1.
Louisiana Administrative Code › Title 67 - SOCIAL SERVICES › Part I - General Administration › Subpart 1 - General Administration › Chapter 1 - Substance Abuse Testing › Section I-101 - Introduction and Purpose

Current through Register Vol. 50, No. 6, June 20, 2024
A. The
				  employees of the state of Louisiana are among the state's most valuable
				  resources, and the physical and mental well-being of these employees is
				  necessary for them to properly carry out their responsibilities. Substance
				  abuse causes serious adverse consequences to users, impacting on their
				  productivity, health and safety, dependents and co-workers, as well as the
				  general public. Substance abuse on the job can cause undue risk of harm to the
				  public in general and the children and other clients directly served by and
				  dependent on the services of the Department of Social Services (DSS).
B. The state of Louisiana has a long-standing
				  commitment to working toward an alcohol-free, drug-free workplace. In order to
				  curb the use of illegal drugs by employees of the state of Louisiana, the
				  Louisiana Legislature enacted laws which provide for the creation and
				  implementation of drug testing programs for state employees.
C. The Department of Social Services fully
				  supports these efforts and is committed to an alcohol-free, drug-free
				  workplace.
AUTHORITY NOTE:
					 Promulgated in accordance with R.S 49:1001 et
					 seq.
Louisiana Administrative Code › Title 67 - SOCIAL SERVICES › Part I - General Administration › Subpart 1 - General Administration › Chapter 1 - Substance Abuse Testing › Section I-103 - Applicability

Current through Register Vol. 50, No. 6, June 20, 2024
A. This policy
				  shall apply to all employees of DSS including appointees and all other persons
				  having any employment relationship with this agency.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 49:1001 et
					 seq.
Louisiana Administrative Code › Title 67 - SOCIAL SERVICES › Part I - General Administration › Subpart 1 - General Administration › Chapter 1 - Substance Abuse Testing › Section I-107 - DSS Drug-Free Workplace Policy

Current through Register Vol. 50, No. 6, June 20, 2024
A. It
				  shall be the policy of DSS to maintain a drug-free workplace and a workforce
				  free of substance abuse. Employees are prohibited from reporting for work,
				  performing work, or otherwise being on any duty status for DSS with the
				  presence in their bodies of alcohol, illegal drugs, controlled substances, or
				  designer (synthetic) drugs at or above the initial testing levels and
				  confirmatory testing levels as established in the contract between the state of
				  Louisiana and the official provider of drug testing services. Employees are
				  further prohibited from illegal use, possession, dispensation, distribution,
				  manufacture, or sale of controlled substances, designer (synthetic) drugs, and
				  illegal drugs at the work site and while on official state business, on duty or
				  on call for duty.
B. To assure
				  maintenance of a drug-free workforce, it shall be the policy of DSS to
				  implement a program of drug testing in accordance with
				  R.S.
				  49:1001 et seq., and all other applicable
				  federal and state laws, and executive orders, as set forth below.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 49:1001 et
					 seq.