reglab/statecodes huggingface dataset:
Louisiana Administrative Code › Title 58 - RETIREMENT › Part XXV - Municipal Employees' Retirement System › Chapter 12 - Military Service Purchases › Section XXV-1201 - Service Credit

Current through Register Vol. 50, No. 6, June 20, 2024
A.
				This section is adopted in accordance with
				R.S.
				11:152,
				R.S.
				11:152.1,
				R.S.
				11:153,
				R.S.
				29:411, et seq., and the Uniformed Services
				Employment and Reemployment Rights Act (USERRA,
				38 U.S. C.
				4301 et seq.).
B. Purchase of service credit for military
				service shall be in accordance with
				R.S.
				11:153.
C. The board shall comply with the
				requirements of the Uniformed Services Employment and Reemployment Rights Act
				(USERRA,
				38 U.S. C.
				4301 et seq.) as well as rules and
				regulations issued by the United States Department of Labor relating to
				USERRA.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  11:152,
				  R.S.
				  11:152.1,
				  R.S.
				  11:153,
				  R.S.
				  29:411, et
				  seq.
Louisiana Administrative Code › Title 58 - RETIREMENT › Part XXV - Municipal Employees' Retirement System › Chapter 13 - Renunciation of Benefits › Section XXV-1301 - Terms and Conditions to Renounce a Benefit

Current through Register Vol. 50, No. 6, June 20, 2024
A. Any person eligible to receive, or
				receiving a benefit from MERS may renounce such benefit under the following
				terms and conditions:
1. the renunciation
				shall be unconditional and irrevocable. Once a benefit is renounced, MERS shall
				have no further obligation or liability with respect to that benefit, and the
				person renouncing the benefit shall, under no circumstances, be eligible to
				receive that benefit;
2. a base
				benefit may be renounced in whole or in part. An adjustment to a base benefit
				(cost-of-living adjustment, adjustment for inflation, or one-time supplemental
				payment) may only be renounced in its entirety. If an adjustment is renounced,
				the base benefit need not be renounced.
3. if more than one person is entitled to
				receive a particular survivor benefit, each person entitled to a portion of the
				benefit may renounce his entitlement. The person or persons who continue to
				have an entitlement in that benefit shall receive the benefit to which they are
				entitled without consideration of the person who becomes ineligible through
				renunciation. Any adjustment shall be prospective only.
4. if the party making the renunciation is
				married, the spouse must join in the renunciation.
5. if the person making the renunciation is
				subject to an executed and effective community property settlement, only that
				portion of the benefit due the person making the renunciation may be
				renounced.
6. if the person making
				the renunciation is legally separated or divorced, but is not subject to an
				executed and effective community property settlement, the renunciation must be
				approved by the court having jurisdiction over the separation or
				divorce.
7. if the person making
				the renunciation is retired and has named a joint and survivor beneficiary, the
				renunciation cannot affect the joint and survivors' beneficiary or benefit,
				including adjustments to the joint and survivor benefit.
8. if a benefit is renounced by a member
				prior to receipt by the member of a sum equal to his or her accumulated
				contributions, the balance of the accumulated contributions will be paid to the
				member.
9. a renunciation must be
				executed before a notary public and two witnesses, neither of whom may be a
				spouse nor presently named beneficiary. The renunciation is effective and
				irrevocable when received by MERS.
10. a person revoking or participating in
				renunciation of a benefit must hold MERS harmless from such action.
11. a renunciation may not be used to
				terminate active participation in MERS.
12. amounts credited to a DROP account cannot
				be renounced.
13. a benefit or
				portion of a benefit that has been renounced may be used to recoup benefits or
				refunds of accumulated contributions paid by administrative error or
				mistake.
Louisiana Administrative Code › Title 58 - RETIREMENT › Part XXV - Municipal Employees' Retirement System › Chapter 14 - Collection of Employer Contributions › Section XXV-1401 - Due Dates

Current through Register Vol. 50, No. 6, June 20, 2024
A.
				Contribution payroll files and payment of employee and employer contributions
				are required by the tenth of each month, covering the preceding
				month.
B. Employers may pay
				contributions through electronic means or with a check.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  11:1823.
Louisiana Administrative Code › Title 58 - RETIREMENT › Part XXV - Municipal Employees' Retirement System › Chapter 14 - Collection of Employer Contributions › Section XXV-1403 - Late Contributions

Current through Register Vol. 50, No. 6, June 20, 2024
A.
				Interest may be charged for payments submitted after the tenth of the
				month.
B. Interest is calculated
				based on the system's actuarial valuation rate.
C. Payments more than 60 days late shall be
				reported to the board of trustees.
D. The board of trustees may certify
				delinquent amounts and request that the state treasurer deduct the certified
				amount from monies payable to the delinquent employer by any department or
				agency of the state.
E. The board
				of trustees may authorize the director to retain counsel to file suit for
				collection of certified delinquent amounts in a court of competent
				jurisdiction.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  11:1823.
Louisiana Administrative Code › Title 58 - RETIREMENT › Part XXV - Municipal Employees' Retirement System › Chapter 15 - Money Manager Obligations › Section XXV-1501 - Reporting by Money Managers

Current through Register Vol. 50, No. 6, June 20, 2024
A.
				Money managers shall report to MERS investments made with system funds in any
				company having facilities, employees, or both located in a prohibited nation as
				defined by the legislature.
B. Such
				reports shall be submitted by January 30 and July 30 of each year.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  11:312.
Louisiana Administrative Code › Title 61 - REVENUE AND TAXATION › Part I - Taxes Collected and Administered by the Secretary of Revenue › Chapter 1 - Office of the Secretary › Section I-101 - Drug Free Workplace and Drug Testing

Current through Register Vol. 50, No. 6, June 20, 2024
A. Introduction and Purpose
1. The employees of the Department of Revenue
				are among the state's most valuable resources, and the physical and mental
				well-being of our employees is necessary for them to properly carry out their
				responsibilities. Substance abuse causes serious adverse consequences to users,
				affecting their productivity, health and safety, dependents, and co-workers, as
				well as the general public.
2. The
				state of Louisiana and the Department of Revenue have a long-standing
				commitment to working toward a drug-free, alcohol-free workplace. In order to
				curb the use of illegal drugs by employees of the state of Louisiana, the
				Louisiana Legislature enacted laws that provide for the creation and
				implementation of drug testing programs for state employees. Further, the
				Governor of the State of Louisiana issued Executive Orders KBB 2005-08 and
				2005-11 providing for the promulgation by executive agencies of written
				policies mandating drug testing of employees, appointees, prospective employees
				and prospective appointees, pursuant to
				R.S.
				49:1001 et seq.
Louisiana Administrative Code › Title 61 - REVENUE AND TAXATION › Part I - Taxes Collected and Administered by the Secretary of Revenue › Chapter 1 - Office of the Secretary › Section I-103 - Criminal History Records Checks for Access to Federal Tax Information

Current through Register Vol. 50, No. 6, June 20, 2024
A. Introduction and
				Purpose
1. Safeguarding federal tax
				information (FTI) is critically important to the continuous protection of
				taxpayer confidentiality as required by
				26
				U.S.C. 6103(p)(4) of the
				Internal Revenue Code and Publication 1075. The Department of Revenue will
				conduct fingerprinting, along with national, state, and local criminal history
				record checks on all individuals handling and those who may handle FTI in order
				to ensure the Department of Revenue is making a complete effort to protect the
				sensitive information of all taxpayers and complying with federal
				confidentiality laws and background investigation standards. The criminal
				history record checks will be used to determine the suitability of individuals
				to access FTI in performance of their job duties or services for the Department
				of Revenue. In determining suitability, the Department of Revenue will use
				information obtained through the criminal history record check to identify
				trends of behavior that may not rise to the criteria for reporting to the FBI
				or state database, but are a good source of information about the
				individual.
Louisiana Administrative Code › Title 61 - REVENUE AND TAXATION › Part I - Taxes Collected and Administered by the Secretary of Revenue › Chapter 2 - Alcoholic Beverages › Section I-201 - Direct Shipments of Sparkling or Still Wines

Current through Register Vol. 50, No. 6, June 20, 2024
A. Identification of Shipments
1. All shipments made by an authorized
				manufacturer or retailer of sparkling or still wines that are shipped directly
				to any consumer in Louisiana shall be identified as follows:
a. the words "Alcoholic Beverage-Direct
				Shipment" shall be marked and clearly visible on both the front and back of the
				package in lettering measuring at least 1/4 inch in height; and
b. the words "Unlawful to Sell or Deliver to
				Anyone under 21 Years of Age" must be clearly visible on the front of the
				package, in lettering measuring at least 1/4 inch in height.
Louisiana Administrative Code › Title 61 - REVENUE AND TAXATION › Part I - Taxes Collected and Administered by the Secretary of Revenue › Chapter 3 - Corporation Franchise Tax › Section I-301 - Imposition of Tax

Current through Register Vol. 50, No. 6, June 20, 2024
A. General.
				Except as specifically exempted by
				R.S.
				47:608,
				R.S.
				47:601 imposes a corporation franchise tax,
				in addition to all other taxes levied by any other statute, on all domestic
				corporations, for the right granted by the laws of this state to exist as such
				an organization and on both domestic and foreign corporations for the enjoyment
				under the protection of the laws of this state of the powers, rights,
				privileges, and immunities derived by reason of the corporate form of existence
				and operation. Liability for the tax is created whenever any such organization
				qualifies to do business in this state, owns or uses any part of its capital,
				plant, or any other property in this state, whether owned directly or
				indirectly by or through a partnership, joint venture, or any other business
				organization of which the domestic or foreign corporation is a related party as
				defined in
				R.S.
				47:605.1, through the buying, selling, or
				procuring of services in this state, or actually does business in this state
				through exercising or enjoying each and every act, power, right, privilege, or
				immunity as an incident to or by virtue of the powers and privileges acquired
				by the nature of such organizations.
1. The
				term
domestic corporation
shall include any of the following:
a. corporations, joint stock companies or
				associations, or other business organizations organized under the laws of the
				State of Louisiana which have privileges, powers, rights, or immunities not
				possessed by individuals or partnerships;
b. all entities taxed as corporations
				pursuant to 26 U.S.C. Subtitle A, Chapter 1, Subchapter C, for federal income
				tax purposes, notwithstanding any provisions of law to the contrary. Such
				entities will be treated and taxed in the same manner that such entities are
				treated and taxed for federal income tax purposes.
Louisiana Administrative Code › Title 61 - REVENUE AND TAXATION › Part I - Taxes Collected and Administered by the Secretary of Revenue › Chapter 3 - Corporation Franchise Tax › Section I-304 - Capital Stock

Current through Register Vol. 50, No. 6, June 20, 2024
A. For
				the purpose of determining the amount of capital stock upon which the tax
				imposed by
				R.S.
				47:601 is based, such stock shall in every
				instance have such value as is reflected on the books of the corporation,
				subject to whatever increases to the recorded book values may be found
				necessary by the Secretary of Revenue and taxation to reflect the true value of
				the stock. In no case shall the value upon which the tax is based be less than
				is shown on the books of the corporation.
B. In any case in which capital stock of a
				corporation has been issued in exchange for assets, the capital stock shall
				have a value equal to the fair market value of the assets received in exchange
				for the stock, plus any intangibles received in the exchange, except as
				provided in the following Subsection.
C. In any such case in which capital stock of
				a corporation is transferred to one or more persons in exchange for assets, and
				the only consideration for the exchange was stock or securities of the
				corporation, and immediately after the exchange such person or persons owned at
				least 80 percent of the total voting power of all voting stock and at least 80
				percent of the total number of shares of all of the stock of the corporation,
				the value of the stock exchanged for the assets so acquired shall be the same
				as the basis of the assets received in the hands of the transferor of the
				assets, plus any intangibles received in the exchange. The only other exception
				to the rule that capital stock exchanged for assets shall have such value as
				equals the fair market value of the assets received and any intangibles
				received is in the case of stock issued in exchange for assets in a
				reorganization, which transaction was fully exempt from the tax imposed by the
				Louisiana income tax law, in which case the value of the stock shall have a
				value equal to the basis of the assets received in the hands of the transferor
				of the assets, plus any intangibles received.
D. In any case in which an exchange of stock
				of a corporation for assets resulted in a transaction taxable in part or in
				full under the Louisiana income tax law, the value of the stock so exchanged
				shall be equal to the fair market value of all of the assets received in the
				exchange, including the value of any intangibles received.
E. Capital stock, valued as set forth
				heretofore, shall include all issued and outstanding stock, including treasury
				stock, fractional shares, full shares, and any certificates or options
				convertible into shares.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  47:604.
Louisiana Administrative Code › Title 61 - REVENUE AND TAXATION › Part I - Taxes Collected and Administered by the Secretary of Revenue › Chapter 3 - Corporation Franchise Tax › Section I-309 - Due Date, Payment, and Reporting of Tax

Current through Register Vol. 50, No. 6, June 20, 2024
A. The corporation franchise tax becomes due
				on the first day of each calendar or fiscal year in which a corporation is
				subject to the tax, and is based on its entire issued and outstanding capital
				stock, surplus, and undivided profits, and borrowed capital determined as of
				the close of the previous calendar or fiscal year. There is no proration of the
				tax for a portion of the year in the case of dissolution of a domestic
				corporation, withdrawal from the state by a foreign corporation, or where a
				corporation otherwise ceases to be subject to the tax. The tax is payable to
				the Secretary of Revenue on or before the fifteenth day of the third month
				following the month in which the tax becomes due; in the case of a calendar
				year taxpayer, the tax becomes due on January 1 and is payable to the secretary
				on or before April 15. If the day on which the tax is payable falls on a
				Saturday, Sunday, or legal holiday the tax is payable on the next business day.
				For purposes of this Section, fiscal or calendar year shall be determined by
				reference to the annual accounting period regularly used by the corporation in
				keeping its books.
B. Payment of
				the tax shall be accompanied by a full, accurate, and complete report prepared
				on forms furnished by the Secretary of Revenue, which shall be signed by a duly
				authorized official of the corporation.
C. Whenever the secretary has granted
				permission to a corporation to change its accounting period under the
				provisions of R. S. 47:613, the tax to be paid for the period from the end of
				the last period for which the tax has already become due until the end of the
				new accounting period shall be determined by multiplying the ratio that the
				number of such months bears to 12, times the tax computed for an annual period
				based on the previous period's closing. All subsequent returns shall be
				prepared on the basis of the new accounting period.
1. The previous period's closing means the
				closing of the new accounting period.
2. Example: A taxpayer has been filing
				Corporation Income and Franchise Tax returns on a FYE June 30 basis. In
				December 2002, the taxpayer obtains approval to change his accounting year-end
				to December 31. For franchise tax purposes, a taxpayer will compute the
				franchise tax due based on its December 31, 2002 information and multiply the
				tax by 50 percent (6/12). On its prior return, which was based upon the June
				30, 2002 balance sheet, the taxpayer paid franchise tax through June 30, 2003.
				When the taxpayer changes its accounting period to December 31, 2002, the
				franchise tax is due only for the period July 1, 2003 through December 31,
				2003, a period of six months. This short period return will be due April 15,
				2003.
Louisiana Administrative Code › Title 61 - REVENUE AND TAXATION › Part I - Taxes Collected and Administered by the Secretary of Revenue › Chapter 3 - Corporation Franchise Tax › Section I-312 - Extension of Time for Filing Return and Paying the Tax

Current through Register Vol. 50, No. 6, June 20, 2024
A. When such application for an extension of
				time within which to file the report required by this Chapter has been filed,
				the Secretary of Revenue and Taxation may grant such extension for a period not
				to exceed six months from the due date of the report prescribed by
				R.S.
				47:609 and
				R.S.
				47:611. In any case in which the taxpayer has
				filed a request for an automatic extension of time within which to file its
				federal income tax return with the U.S. Internal Revenue Service, a copy of the
				automatic extension request attached to the report required by this Chapter
				will be accepted by the secretary as an application filed under this Section,
				and an extension equal to that granted by the federal government will be
				granted by Louisiana.
B. The
				granting of an extension of time within which to file the report required by
				this Chapter does not automatically grant an extension of time within which the
				tax shall be paid, and the secretary may require payment of the estimated
				amount of tax due as a condition to granting the report filing
				extension.
C. Whenever an extension
				has been granted with respect to payment of the tax, interest accrues thereon
				for the period from the payment date prescribed by
				R.S.
				47:609 to the date on which the tax is
				paid.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  47:612.
Louisiana Administrative Code › Title 61 - REVENUE AND TAXATION › Part I - Taxes Collected and Administered by the Secretary of Revenue › Chapter 3 - Corporation Franchise Tax › Section I-313 - Fiscal Year; Accounting Period

Current through Register Vol. 50, No. 6, June 20, 2024
A.
Fiscal year
means an
				accounting period of 12 months ending on the last day of any month other than
				December. In the case of a taxpayer that, in keeping its books, regularly uses
				a 52- to 53-week period permitted under
				R.S.
				47:91(F), the secretary of
				revenue and taxation may permit the use of such accounting period for purposes
				of this Chapter, provided that in any case in which the effective date or the
				applicability of any provisions of this Chapter is expressed in terms of
				taxable years beginning or ending with reference to a specified date which is
				the first or last day of a month, such 52- or 53-week accounting period shall
				be treated:
1. as beginning with the first
				day of the calendar month beginning nearest to the first day of such taxable
				period; or
2. as ending with the
				last day of the calendar month ending nearest to the last day of such taxable
				period, as the case may be.
Louisiana Administrative Code › Title 61 - REVENUE AND TAXATION › Part I - Taxes Collected and Administered by the Secretary of Revenue › Chapter 3 - Corporation Franchise Tax › Section I-320 - Books of the Corporation

Current through Register Vol. 50, No. 6, June 20, 2024
A.
				Generally the "books of the corporation" are financial statements that will
				include an income statement, a balance sheet (listing assets, liabilities, and
				owners equity including changes thereto), and other appropriate information.
				The following may be considered applicable financial statements.
1. Statement Required to be Filed with the
				Securities and Exchange Commission (SEC). A financial statement that is
				required to be filed with the Securities and Exchange Commission.
2.
a.
				Certified Audited Financial Statement
.
A certified audited
				financial statement that is used for credit purposes, for reporting to
				shareholders or for any other substantial non-tax purpose. Such a statement
				must be accompanied by the report of an independent (as defined in the American
				Institute of Certified Public Accountants Professional Standards, Code of
				Professional Conduct,
				Rule
				101 and its interpretations and
				rulings) certified public accountant or, in the case of a foreign corporation,
				a similarly qualified and independent professional who is licensed in any
				foreign country. A financial statement is "certified audited" for purposes of
				this Section if it is:
i. certified to be
				fairly presented (an unqualified or "clean" opinion);
ii. subject to a qualified opinion that such
				financial statement is fairly presented subject to a concern about a
				contingency (a qualified "subject to" opinion);
iii. subject to a qualified opinion that such
				financial statement is fairly presented, except for a method of accounting with
				which the accountant disagrees (a qualified "except for" opinion); or
iv. subject to an adverse opinion, but only
				if the accountant discloses the amount of the disagreement with the
				statement.
b. Any other
				statement or report, such as a review statement or a compilation report that is
				not subject to a full audit is not a certified audit statement.
3. A Financial Statement Provided
				to a Government Regulator. A financial statement that is required to be
				provided to the federal government, or any agency thereof (other than the
				Securities and Exchange Commission), a state government or agency thereof, or a
				political subdivision of a state or agency thereof
.
Except as
				otherwise provided herein, an income tax return, franchise tax return or other
				tax return prepared solely for the purpose of determining any tax liability
				that is filed with a federal, state or local government or agency cannot be an
				applicable financial statement.
4.
				Other Financial Statements
.
A financial statement that is used
				for credit purposes, for reporting to shareholders, or for any other
				substantial non-tax purpose, even though such financial statement is not
				described in Paragraphs A.1-3 of this Section.
Louisiana Administrative Code › Title 61 - REVENUE AND TAXATION › Part I - Taxes Collected and Administered by the Secretary of Revenue › Chapter 6 - Presidential Disaster Relief › Section I-601 - Presidential Disaster Relief (Repealed)

Current through Register Vol. 50, No. 6, June 20, 2024
AUTHORITY NOTE:
				  Adopted in accordance with
				  R.S.
				  47:1511,
				  R.S.
				  47:287.85(C)(2),
				  R.S. 47:293(3) and R.S.
				  47.287.785.
Louisiana Administrative Code › Title 61 - REVENUE AND TAXATION › Part I - Taxes Collected and Administered by the Secretary of Revenue › Chapter 9 - Hazardous Waste Tax › Section I-903 - Standard Dry-Weight Conversion Factors

Current through Register Vol. 50, No. 6, June 20, 2024
A. In order to minimize instances in which
				the cost to the taxpayer of testing waste to determine the actual dry-weight
				exceeds the tax liability, and to minimize instances in which the cost to the
				state of administering and enforcing the tax exceeds the tax revenue, the
				secretary herein establishes standard dry-weight conversion factors and
				guidelines for the use of these factors. The standard conversion factors can be
				used only in instances which meet all conditions established by the
				guidelines.
B. The guidelines for
				use of the standard conversion factors are:
1. any generator may use the standard
				conversion factors in computing the taxable dry-weight of a hazardous waste
				when the wet weight is 40 tons or less for the taxable quarter;
2. when a taxpayer files a consolidated
				return covering several generation sites, the 40-ton limit is to be applied on
				a per-site basis;
3. the 40-ton
				limit applies to each waste. The total tons of all wastes which are
				substantially the same must be combined in determining if the 40-ton limit is
				exceeded. A taxpayer may qualify to use the standard factors in computing the
				dry-weight of some wastes on a return while being required to use the actual
				conversion factor for other wastes on the same return;
4. taxpayers are not required to use the
				standard conversion factors. The actual conversion factor or the wet weight may
				be used; however, if the standard conversion factors are used as a deliberate
				means to avoid paying a higher amount of tax, then the use of the standard
				conversion factors will be disallowed and the actual dry-weight determination
				will be used.
Louisiana Administrative Code › Title 61 - REVENUE AND TAXATION › Part I - Taxes Collected and Administered by the Secretary of Revenue › Chapter 9 - Hazardous Waste Tax › Section I-905 - Imposition of Tax

Current through Register Vol. 50, No. 6, June 20, 2024
A. The tax is
				imposed upon the disposal, as defined by
				R.S.
				47:821, of any hazardous waste and on
				hazardous waste stored for more than 90 days for the purpose of eventual
				incineration at sea.
				R.S.
				47:821 defines
disposal
to
				include storage in excess of 90 days; therefore, the tax is imposed on any
				storage in excess of 90 days, not only on storage for the purpose of eventual
				incineration at sea.
B. A disposer
				or generator who voluntarily removes hazardous waste from an inactive or
				abandoned site shall not be subjected to imposition of this tax when the
				hazardous waste is disposed of again. Disposers receiving such waste are
				required to charge the tax on waste received by them and disposers or
				generators voluntarily removing waste from an inactive or abandoned site are
				required to pay the tax to the disposer; however, the disposer or generator
				voluntarily removing the waste may exclude the exempt amounts from the
				calculation of the tax on his return while taking credit on his return for the
				tax paid to the disposer. Whenever a generator or disposer excludes waste from
				the tax calculation under this provision, he shall attach to his return a
				signed statement declaring that he is entitled to the exemption and a schedule
				detailing by manifest number the total gross tons excluded, the type of waste,
				and the disposer who received the waste, or other appropriate records
				acceptable to the secretary. Credit claimed under this provision shall be
				disallowed if it is determined that the removal or redisposal of the waste was
				in violation of the laws, rules, or regulations administered by the Department
				of Environmental Quality or that the waste was not voluntarily removed from an
				inactive or abandoned.
C. A
				generator who has been classified as a small-quantity generator by the
				Department of Environmental Quality and has received written permission from
				the Department of Environmental Quality to store hazardous waste in excess of
				90 days may elect to report the taxable storage in excess of 90 days in the
				quarter in which the waste is removed from storage, rather than the quarter in
				which the storage period actually exceeded 90 days. This method of reporting
				may be used only for those wastes authorized by the Department of Environmental
				Quality to be stored in excess of 90 days. If this method of reporting is
				elected, the tax shall be due at the rate established for taxable disposal at a
				site other than the site at which the waste is generated, regardless of how or
				where the waste is ultimately disposed of.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  47:822.
Louisiana Administrative Code › Title 61 - REVENUE AND TAXATION › Part I - Taxes Collected and Administered by the Secretary of Revenue › Chapter 9 - Hazardous Waste Tax › Section I-907 - Rate of Tax

Current through Register Vol. 50, No. 6, June 20, 2024
A. The tax is
				levied at the rate of $5 per dry-weight ton of hazardous waste disposed or
				stored in excess of 90 days for eventual disposal on or at the site upon which
				the generator's act or process produced the hazardous waste, and at the rate of
				$10 per dry-weight ton of hazardous waste disposed or stored in excess of 90
				days for eventual disposal on or at a site other than the site upon which the
				generator's act or process produced the hazardous waste.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  47:823.
Louisiana Administrative Code › Title 61 - REVENUE AND TAXATION › Part I - Taxes Collected and Administered by the Secretary of Revenue › Chapter 9 - Hazardous Waste Tax › Section I-909 - Direct Payment by Generator

Current through Register Vol. 50, No. 6, June 20, 2024
A. The
				tax imposed by
				R.S.
				47:822 shall be collectible from and shall be
				paid by the generator of the hazardous waste directly to the secretary if the
				generator disposes of his own waste on or at his own disposal site. In
				addition,
				R.S.
				47:826(A) provides that the
				secretary shall have the authority to collect the tax from the generator if the
				disposer fails to collect the tax; and in support of this, the generator is
				required to pay directly to the secretary any tax due not collected by a
				disposer.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  47:825.
Louisiana Administrative Code › Title 61 - REVENUE AND TAXATION › Part I - Taxes Collected and Administered by the Secretary of Revenue › Chapter 9 - Hazardous Waste Tax › Section I-911 - Collection by Disposer; Liability of Disposer

Current through Register Vol. 50, No. 6, June 20, 2024
A.R.S.
				47:826(A) provides that when
				the generator does not dispose of his own hazardous waste on or at his own
				disposal site, the disposer shall collect the tax from the generator at the
				time the disposer receives the hazardous waste and shall remit the tax so
				collected to the secretary.
B. The
				disposer is required by
				R.S.
				47:826(B) to state and
				collect the tax separately from any other fee, charge, or other price charged
				to the generator, and is required to provide the generator with documentation
				of the amount of tax collected. The disposer shall not advertise or hold out to
				the generator that he will relieve the generator from the payment of all or any
				part of the tax and the generator shall not be deemed to have paid the tax
				unless he receives a document from the disposer separately stating the amount
				of the tax that has been paid. The tax charged by the disposer shall be a debt
				from the generator to the disposer, until paid, and shall be recoverable at law
				in the same manner as other debts.
C. If the disposer neglects, fails, or
				refuses to collect or remit the tax, he shall be liable and shall pay the tax
				himself. However, the secretary shall have the authority to collect the tax
				from the generator if the disposer fails to collect the tax.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  47:826.
Louisiana Administrative Code › Title 61 - REVENUE AND TAXATION › Part I - Taxes Collected and Administered by the Secretary of Revenue › Chapter 9 - Hazardous Waste Tax › Section I-913 - Exempt Disposal by Disposer

Current through Register Vol. 50, No. 6, June 20, 2024
A.R.S.
				47:826(C) provides in part
				that if hazardous waste is received by a disposer and it is stored for 90 days
				or less and then not disposed of in a taxable manner, then the generator shall
				be entitled to a refund from the secretary for the amount of any taxes
				collected from the generator for that hazardous waste.
B. Whenever waste is received by a disposer
				from a generator and stored for 90 days or less and then disposed of in a
				tax-free manner, the disposer must certify this to the generator. The
				certification must identify the waste, the amount of waste, the invoice on
				which the tax was charged, and the amount of tax collected. The generator may
				take credit on his return for the amount of tax paid on the certification
				exempt disposals, provided copies of certifications are attached to the
				return.
C. When hazardous waste is
				to be disposed of in a tax-free manner, the Secretary of the Department of
				Revenue and Taxation may allow the disposer to post a surety bond, or other
				such financial assurances acceptable to the secretary, in lieu of payment of
				the tax. The minimum amount of the surety bond or other financial assurances
				shall not be less than the amount of the average quarterly tax liability that
				would have been due had no bond or financial assurance been pledged. If this
				alternate method is allowed, then both the generator and the disposer of the
				hazardous waste must attach a schedule to their quarterly tax reports,
				detailing all shipments and/or disposals of hazardous waste on which no tax was
				paid.
D. Additionally, the disposer
				of the hazardous waste must enter into an agreement with the Department of
				Revenue and Taxation guaranteeing payment of the hazardous-waste tax in the
				event that the hazardous waste was not disposed of:
1. within 90 days; or
2. in a tax-free manner.
Louisiana Administrative Code › Title 61 - REVENUE AND TAXATION › Part I - Taxes Collected and Administered by the Secretary of Revenue › Chapter 9 - Hazardous Waste Tax › Section I-915 - Returns and Payment

Current through Register Vol. 50, No. 6, June 20, 2024
A. The
				tax due for each quarter shall be remitted to the secretary, by the person
				responsible for remitting the tax, on or before the twentieth day of the
				subsequent quarter. All generators and disposers doing business in Louisiana
				are required to file a tax return quarterly, unless otherwise provided, on
				forms prescribed by the secretary. Forms are available from the secretary; and
				although forms are usually mailed to each taxpayer, failure to receive a form
				will not relieve the taxpayer of the necessity of filing and remitting the tax
				currently due.
B. Corporations that
				violate the provisions of
				R.S.
				47:827 shall be fined an amount not to exceed
				$100,000. Individuals who violate the provisions of
				R.S.
				47:827 shall be fined an amount not to exceed
				$10,000, or imprisoned for not more than one year, or both.
C. When any taxpayer fails to pay any tax,
				penalty, and interest assessed, as provided in this Chapter, the secretary of
				the Department of Revenue and Taxation may proceed to enforce the collection
				thereof by distraint and sale under the provisions of R.S.
				47:1570-1573.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  47:827.
Louisiana Administrative Code › Title 61 - REVENUE AND TAXATION › Part I - Taxes Collected and Administered by the Secretary of Revenue › Chapter 9 - Hazardous Waste Tax › Section I-917 - Records Requirements

Current through Register Vol. 50, No. 6, June 20, 2024
A.
				Every person required to pay, collect, or remit the tax imposed under this
				Chapter shall keep a permanent record of all production, handling, storage,
				disposal, shipment, and receipt of hazardous waste by him in sufficient detail
				to be of value in determining the correct tax liability under this Chapter.
				These records must be kept whether or not the person believes the tax imposed
				by this Chapter is applicable.
B.
				Whenever the dry-weight of a waste is used as the basis for computing the tax
				on a return, full documentation of the facts and methodology used in
				calculating the dry-weight must be maintained. This documentation includes, but
				is not limited to, testing procedures followed, test results obtained,
				assumptions made, and the basis for assumptions made.
C. Where required records are voluminous,
				they must be kept in chronological order or in some other systematic order
				compatible with the taxpayer's regular bookkeeping system which will enable the
				secretary to verify the accuracy of information contained in tax
				returns.
D. Records kept on punched
				cards, magnetic tape, or other mechanical or electronic record-keeping devices
				are permissible provided the taxpayer makes available all necessary codes and
				equipment to enable the secretary to audit such records, or provides the
				secretary with written transcripts of those parts of the records which the
				secretary wishes to examine.
E. The
				books and records must contain complete information pertaining to both taxable
				and non-taxable items which are the subject of taxes imposed herein, and must
				be retained until the tax period to which they relate has prescribed. Records
				required by this Section must be available at all times during the regular
				business hours of the day for inspection by the secretary or duly authorized
				agents of the secretary.
F. For the
				purpose of computing, collecting, or auditing the tax imposed by this Chapter,
				the secretary shall have access to all manifests and records which are required
				by the Department of Environmental Quality.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  47:831.
Louisiana Administrative Code › Title 61 - REVENUE AND TAXATION › Part I - Taxes Collected and Administered by the Secretary of Revenue › Chapter 10 - Income: Pass-Through Entities › Section I-1001 - Election of Pass-Through Entities

Current through Register Vol. 50, No. 6, June 20, 2024
A. Act 442 of the 2019 Regular Session of the
				Louisiana Legislature, allows S corporations, and other entities taxed as
				partnerships for federal income tax purposes, to make an election to be taxed
				in the same manner as if the entity was required to file a tax return with the
				Internal Revenue Service as a C corporation.
1. For taxable periods beginning on or before
				December 31, 2021, the income of entities that make the election under
				R.S.
				47:287.732.2 shall be taxed at the following
				rates:
a. 2 percent upon the first $25,000 of
				Louisiana taxable income;
b. 4
				percent upon the amount of Louisiana taxable income above $25,000 but not in
				excess of $100.000; and
c. 6
				percent upon the amount of Louisiana taxable income above $100,000.
Louisiana Administrative Code › Title 61 - REVENUE AND TAXATION › Part I - Taxes Collected and Administered by the Secretary of Revenue › Chapter 11 - Corporation Income Tax › Section I-1114 - Modifications of Federal Gross Income

Current through Register Vol. 50, No. 6, June 20, 2024
A. In order to calculate Louisiana gross
				income,
				R.S.
				47:287.71 requires modifications be made to
				federal gross income.
				R.S.
				47:287.71(B)(7) provides
				that exclusions from Subpart F must be taken into account when computing
				Louisiana gross income. Included in the exclusions from gross income required
				by
				R.S.
				47:287.71(B)(7) are those
				modifications provided for in
				R.S.
				47:287.738(C) through
				(F).
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  47:287.71,
				  R.S.
				  47:287.785, and
				  R.S.
				  47:1511.
Louisiana Administrative Code › Title 61 - REVENUE AND TAXATION › Part I - Taxes Collected and Administered by the Secretary of Revenue › Chapter 11 - Corporation Income Tax › Section I-1115 - Corporate Deductions; Add-Back of Certain Intangible Expenses; Interest and Management Fees

Current through Register Vol. 50, No. 6, June 20, 2024
A. General.
				R.S.
				47:287.82 provides that otherwise deductible
				interest expenses and costs, intangible expenses and costs, and management fees
				directly or indirectly paid to a related member shall be added back to the
				corporations gross income.
B.
				Exceptions. The taxpayer shall make the add-back unless:
1. the item of income corresponding to the
				taxpayers expense, cost, or fee, was in the same taxable year subject to a tax
				based on or measured by the related member's net income in Louisiana or any
				other state; or
2. the item of
				income corresponding to the taxpayers expense, cost, or fee, was in the same
				taxable year subject to a tax based on or measured by the related member's net
				income in a foreign nation which has in force an income tax treaty with the
				United States, if the recipient was a "resident" as defined in the income tax
				treaty with the foreign nation; or
3. the transaction giving rise to the
				expense, cost, or fee between the taxpayer and the related member did not have
				as a principal purpose the avoidance of any Louisiana tax; or
4. the expense, cost, or fee that was paid or
				accrued to a related member was "passed through" by the related member or
				members to an unrelated third party in an arms-length transaction via a
				corresponding expense, cost, or fee payment; or
5. the add-back is unreasonable. The add-back
				will be considered unreasonable if the taxpayer establishes that, based on the
				entirety of the taxpayer's particular facts and circumstances, the add-back
				adjustments would increase the taxpayer's Louisiana income tax liability to an
				amount that bears no reasonable relation to the taxpayers Louisiana
				presence.
Louisiana Administrative Code › Title 61 - REVENUE AND TAXATION › Part I - Taxes Collected and Administered by the Secretary of Revenue › Chapter 11 - Corporation Income Tax › Section I-1122 - Taxes Not Deductible

Current through Register Vol. 50, No. 6, June 20, 2024
A.
				General.
				R.S.
				47:287.83 provides that federal income tax
				levied on net income upon which no Louisiana income tax has been incurred, or
				upon which, for any reason whatsoever, no Louisiana income tax will be paid, is
				not deductible.
B. Federal
				Alternative Minimum Tax. Federal alternative minimum tax attributable to tax
				preference items such as, but not limited to, accelerated depreciation,
				depletion, and intangible drilling and development cost is not deductible.
				Federal alternative minimum taxable net income from sources other than tax
				preference items is deductible to the extent that it is applicable to regular
				federal taxable income.
C. - D.
				Repealed.
E. Definitions. For the
				purposes of this Section, alternative minimum tax, regular federal income tax,
				alternative tax on capital gains, and regular tax on ordinary net income are
				defined as provided in §1123 F
AUTHORITY
				  NOTE: Promulgated in accordance with
				  R.S.
				  47:287.83,
				  R.S.
				  47:1511.
Louisiana Administrative Code › Title 61 - REVENUE AND TAXATION › Part I - Taxes Collected and Administered by the Secretary of Revenue › Chapter 11 - Corporation Income Tax › Section I-1123 - Federal Income Tax Deduction

Current through Register Vol. 50, No. 6, June 20, 2024
A. General. R.S. 47:287.85(C) permits corporations to claim as a deduction in computing net income that portion of the federal income tax levied with respect to the Louisiana net income, which is applicable to the year for which the Louisiana return is filed, regardless of the method of accounting utilized (cash, accrual, etc.). For determination of the deductible amount of federal alternative minimum tax attributable to Louisiana net income, refer to §1122 When a corporation includes its net income in a consolidated federal income tax return, total federal income tax for the purpose of this Section shall be the amount determined pursuant to §1123 E
B. Computations. The deductible portion of the federal income tax, the tax attributable to Louisiana income, is the sum of the amounts determined in §1123. B 1
1. The deductible portion of federal income tax attributable to Louisiana apportionable and allocable net income which is taxed at alternative capital gain rates is the result obtained by multiplying the federal income tax which is calculated at alternative capital gain rates by a fraction, the numerator of which is Louisiana apportionable and allocable net income which is taxed at alternative capital gain rates and the denominator of which is federal net income which is taxed at alternative capital gain rates.
2. The deductible portion of federal income tax attributable to Louisiana apportionable and allocable net income, less adjustment for the net operating loss deduction if applicable, which is taxed at ordinary rates, is the result obtained by multiplying the federal income tax which is calculated at ordinary rates by a fraction, the numerator of which is Louisiana apportionable and allocable net income, less adjustment for the net operating loss deduction if applicable, which is taxed at ordinary rates and the denominator of which is federal net income which is taxed at ordinary rates.
Louisiana Administrative Code › Title 61 - REVENUE AND TAXATION › Part I - Taxes Collected and Administered by the Secretary of Revenue › Chapter 11 - Corporation Income Tax › Section I-1124 - Net Operating Loss Deduction (Repealed)

Current through Register Vol. 50, No. 6, June 20, 2024
AUTHORITY
				  NOTE: Promulgated in accordance with
				  R.S.
				  47:287.86,
				  R.S.
				  47:287.785 and
				  R.S.
				  47:1511.
Louisiana Administrative Code › Title 61 - REVENUE AND TAXATION › Part I - Taxes Collected and Administered by the Secretary of Revenue › Chapter 11 - Corporation Income Tax › Section I-1125 - Application of Net Operating Losses Carryover to Otherwise Closed Years (Repealed)

Current through Register Vol. 50, No. 6, June 20, 2024
AUTHORITY
				  NOTE: Promulgated in accordance with
				  R.S.
				  47:287.86 and
				  1511.