reglab/statecodes huggingface dataset:
Louisiana Administrative Code › Title 13 - ECONOMIC DEVELOPMENT › Part I - Financial Incentive Programs › Chapter 7 - Enterprise Zone Program › Section I-729 - Enterprise Zone Program Contract

Current through Register Vol. 50, No. 6, June 20, 2024
A.
				Upon approval of the application, the board shall enter into a contract with
				the business for the benefits allowed by this Chapter. The business must
				execute its portion of the contract and return it to Business Incentive
				Services as follows.
1. For projects with
				contract effective dates prior to the effective date of the 2021 Rule
				promulgation, if the contract is not returned within 60 days, the board may
				rescind the approval of the application.
2. For projects with contract effective dates
				after the effective date of the 2021 Rule promulgation, if the contract is not
				returned within 90 days, the board's approval shall be deemed
				rescinded.
3. When the contract has
				been fully executed, a copy will be sent to the business, the Department of
				Revenue, and if applicable, sent to the political subdivision.
Louisiana Administrative Code › Title 13 - ECONOMIC DEVELOPMENT › Part I - Financial Incentive Programs › Chapter 7 - Enterprise Zone Program › Section I-731 - Project Completion

Current through Register Vol. 50, No. 6, June 20, 2024
A.
				Within six months after the project ending date or the governor's signature on
				the contract, whichever is later, the business shall file with business
				incentive services, on the prescribed form, a project completion report and an
				affidavit of final cost. A project completion report fee of $250 and an
				affidavit of final cost fee of $250 shall be submitted with these forms or any
				amendments to these forms.
1. Any outstanding
				or final employee certification reports shall be submitted to LED prior to, or
				along with, a project completion report submission.
2. The department may grant an extension of
				thirty days for the filing of a project completion report, provided the written
				request for extension is received prior to the filing deadline.
3. If the project completion report is
				submitted after the filing deadline, the amount of the investment tax credit,
				or sales and use tax rebate shall be reduced by five percent for each month or
				portion of a month late, up to a maximum reduction of 100 percent after 20
				months.
Louisiana Administrative Code › Title 13 - ECONOMIC DEVELOPMENT › Part I - Financial Incentive Programs › Chapter 7 - Enterprise Zone Program › Section I-732 - Investment Tax Credit Claims

Current through Register Vol. 50, No. 6, June 20, 2024
A.
				The investment tax credit is earned in the year in which the project is placed
				in service, and is based upon all qualified capitalized expenditures related to
				the project as of the date it is placed in service, regardless of whether the
				actual time period involved exceeds 30 months.
B. The investment tax credit claim must be
				filed with the Department of Revenue, Office Audit Division, with the required
				documentation.
C. The investment
				tax credit may be taken on qualified expenditures that are related to the
				project and are placed in service during the project period. The investment tax
				credit applies to the assets that are related to the qualified expenditures,
				provided that the business reasonably intends for such assets to remain at the
				project site for their expected useful life. The assets may be recorded on the
				financial statements of a company that is an affiliate of the
				business.
D. The claim for
				investment tax credit must be filed with the Department of Revenue no later
				than six months after the governor's signature of the contract and the
				department's signature of the project completion report, and must be
				accompanied by the signed project completion report. Upon request, the business
				shall receive a 30 day extension of time in which to file its claim, provided
				such request for extension is received by the Department of Revenue prior to
				the expiration of such filing period. The Department of Revenue is also
				authorized to grant the business an additional extension of time, not to exceed
				60 days, in which to file its claim provided that the business shows reasonable
				cause for granting such extension.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  51:1786(5).
Louisiana Administrative Code › Title 13 - ECONOMIC DEVELOPMENT › Part I - Financial Incentive Programs › Chapter 7 - Enterprise Zone Program › Section I-733 - Sales and Use Tax Rebate Requests

Current through Register Vol. 50, No. 6, June 20, 2024
A. The Enterprise Zone Program contract will
				not authorize the business to make tax exempt purchases from vendors. The
				Department of Revenue will advise the business on the proper procedures to
				obtain the state sales and use tax rebate. The request for rebate of sales and
				use taxes must be made by filing a claim with the Department of Revenue, Office
				Audit Division, and must include the following:
1. list of eligible purchases, including a
				brief description of each item, the vendor's name, date of the delivery, sales
				price and the amount of state sales and use tax paid. The listed items must
				have been purchased by the business, or by a builder, a contractor, or other
				party that contracted with the owner to provide materials, equipment,
				machinery, or software that is used by the business at the project site or is
				listed in the Enterprise Zone Program contract;
2. certification that the listed materials
				are reasonably expected to qualify for a rebate under the Enterprise Zone
				Program; and
3. certification that
				state sales and use taxes have been paid on the listed items.
Louisiana Administrative Code › Title 13 - ECONOMIC DEVELOPMENT › Part I - Financial Incentive Programs › Chapter 7 - Enterprise Zone Program › Section I-735 - Business with a Contract Must File State Income and Franchise Tax Returns

Current through Register Vol. 50, No. 6, June 20, 2024
A. Businesses that
				have satisfied their Louisiana income tax and/or franchise tax liability by
				applying jobs tax credits earned under this Chapter shall file the same forms
				and tax returns with the Department of Revenue that are required if no jobs tax
				credit were claimed. Each annual return on which jobs tax credits are taken
				must have a copy of the letter from Business Incentive Services certifying the
				jobs tax credits earned. If total jobs tax credits are less than the total
				taxes, remittance in the amount of the difference must be enclosed with the tax
				return. limited liability companies, sub chapters corporations, etc., must have
				the name(s) of owners and their Social Security numbers or Department of
				Revenue number for corporations listed on the contract in order for jobs tax
				credits to flow through to the owner(s).
B. Partnerships and sole proprietorships
				shall file the same returns that are required if the jobs tax credits were
				claimed. Each annual return on which jobs tax credits are taken must have a
				copy of the letter from business incentives services certifying the tax credits
				earned. If total jobs tax credits are less than the total taxes, remittance in
				the amount of the difference must be enclosed with the tax return.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  51:1786(5).
Louisiana Administrative Code › Title 13 - ECONOMIC DEVELOPMENT › Part I - Financial Incentive Programs › Chapter 7 - Enterprise Zone Program › Section I-737 - Violation; Cancellation of Contract

Current through Register Vol. 50, No. 6, June 20, 2024
A. On the initiative of the board upon notice
				or a written complaint of violation of the terms of the statutes, rules or the
				contract, the board or its representative shall determine if a full
				investigation should be made. The board shall have full authority for such
				investigation, including but not exclusively, the authority to call for
				reports, pertinent records, or other information from the business. If the
				investigation appears to substantiate a violation the board or its
				representative will present the subject contract for formal action.
B. If a business is found to be in violation
				of the statutes, these rules or the contract, board may cancel the contract and
				the business shall remit back to the state all jobs tax credits taken on income
				tax and franchise returns, all state and local sales and use tax rebates,
				investment tax credit, and any other taxes that would have been imposed but for
				the issuance of this contract.
C.
				The department shall notify the Department of Revenue of the cancellation, and
				the Department of Revenue will proceed by all appropriate means to recapture
				all benefits received pursuant to this Chapter, including any penalty and
				interest due.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  51:1786(5).
Louisiana Administrative Code › Title 13 - ECONOMIC DEVELOPMENT › Part I - Financial Incentive Programs › Chapter 7 - Enterprise Zone Program › Section I-739 - Fees

Current through Register Vol. 50, No. 6, June 20, 2024
A. Advance
				notifications, applications, and affidavits of final cost are not deemed to be
				filed until all information requested on the form and the required fees are
				received by LED. Processing fees for advance notifications, applications, or
				annual certifications that have been accepted for eligible projects shall not
				be refundable.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  51:1786(5).
Louisiana Administrative Code › Title 13 - ECONOMIC DEVELOPMENT › Part I - Financial Incentive Programs › Chapter 7 - Enterprise Zone Program › Section I-741 - Multi-Tenant Facility (Repealed)

Current through Register Vol. 50, No. 6, June 20, 2024
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  51:1786(5).
Louisiana Administrative Code › Title 13 - ECONOMIC DEVELOPMENT › Part I - Financial Incentive Programs › Chapter 7 - Enterprise Zone Program › Section I-743 - Relocation of Enterprise Zones

Current through Register Vol. 50, No. 6, June 20, 2024
A.
				A municipality or parish requesting the relocation of an enterprise zone must
				provide valid reason for requesting the move and must have the approval of the
				board.
B. The residents of
				originally designated enterprise zone may qualify as part of the 35 percent
				residency requirement.
C. The
				effective date of a relocation approved by the board shall be the date of
				passage affixed to the resolution by the local governing authority requesting
				the relocation.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  51:1786(5).
Louisiana Administrative Code › Title 13 - ECONOMIC DEVELOPMENT › Part I - Financial Incentive Programs › Chapter 7 - Enterprise Zone Program › Section I-745 - Appeals

Current through Register Vol. 50, No. 6, June 20, 2024
A. A business may
				appeal an action of the board by submitting its appeal along with any necessary
				documentation to business incentives services no later than 90 days after the
				board action. The appeal shall not be considered by the board less than 30 days
				after submission.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  51:1786(5).
Louisiana Administrative Code › Title 13 - ECONOMIC DEVELOPMENT › Part I - Financial Incentive Programs › Chapter 7 - Enterprise Zone Program › Section I-749 - Prohibit Local Fees and Prohibit Local Conflicting Employment Practices

Current through Register Vol. 50, No. 6, June 20, 2024
A. No political
				subdivision shall charge any fees or require any employment practices which
				conflict with state law as a precondition to authorize tax benefits under this
				Chapter.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  51:1786(5).
Louisiana Administrative Code › Title 13 - ECONOMIC DEVELOPMENT › Part I - Financial Incentive Programs › Chapter 7 - Enterprise Zone Program › Section I-751 - Effective Date of Act 423 of the 2013 Regular Session (Repealed)

Current through Register Vol. 50, No. 6, June 20, 2024
AUTHORITY NOTE:
				  Promulgated in accordance with Act 423 of the 2013 Regular
				  Session.
Louisiana Administrative Code › Title 13 - ECONOMIC DEVELOPMENT › Part I - Financial Incentive Programs › Chapter 9 - Restoration Tax Abatement Program › Section I-901 - General

Current through Register Vol. 50, No. 6, June 20, 2024
A. Intent of Law.
				To encourage the expansion, restoration, improvement, and development of
				existing commercial structures and owner-occupied residences in downtown,
				historic, and economic development districts. To provide for the development
				and improvement of local communities, encourage the fullest use of
				underutilized resources, and enhancement of the tax base.
B. Program Description. The Restoration Tax
				Abatement Program provides to commercial property owners and homeowners who
				expand, restore, improve or develop an existing structure in a downtown
				development district, economic development district or historic district (the
				"project"), the right for five years after completion of the work, to pay ad
				valorem taxes based on the assessed valuation of the property for the year
				prior to the commencement of the project.
1.
				The application is subject to approval by the local governing authority, the
				state Board of Commerce and Industry, and the governor. Assessment of the
				improvements, made by the project to the property, is deferred for five years
				by a contract entered into with the Board of Commerce and Industry. The
				contract may be eligible for renewal, subject to the same conditions, for an
				additional five years. The tax abatement is now available if property taxes
				have been paid on the improvements made by the project. If the property is
				sold, the contract may be transferred, subject to local government and board
				approval.
2. The program is
				administered by the Louisiana Department of Economic Development, Office of
				Commerce and Industry, Financial Incentives Division. For more information
				contact the Restoration Tax Abatement Program Administrator, Box 94185, Baton
				Rouge, LA 70804-9185. Telephone Baton Rouge, LA (225) 342-5402.
Louisiana Administrative Code › Title 13 - ECONOMIC DEVELOPMENT › Part I - Financial Incentive Programs › Chapter 9 - Restoration Tax Abatement Program › Section I-903 - Time Limits for Filing Application

Current through Register Vol. 50, No. 6, June 20, 2024
A. The applicant shall submit an "advance
				notification" on the prescribed form prior to the beginning of construction. An
				advance notification fee of $250 shall be submitted with the advance
				notification form. The phase "beginning of construction" shall mean the first
				day on which foundations are started, or, where foundations are unnecessary,
				the first day on which installation of the facility begins.
B. Application for tax exemption should be
				filed with the Office of Commerce and Industry, Box 94185, Baton Rouge, LA
				70804-9185 on the form prescribed prior to the beginning of construction.
				Failure to file an application prior to construction may result in the
				application being denied.
C. An
				application fee (effective May 4, 1988) shall be submitted with the application
				based on the following:
1. 0.5 percent of the
				estimated total five-year property tax exemption;
2. minimum application fee is $500 for all
				projects except owner occupied residential properties which have no minimum
				application fee; maximum application fee is $15,000;
3. please make checks payable to: Louisiana
				Economic Development.
Louisiana Administrative Code › Title 13 - ECONOMIC DEVELOPMENT › Part I - Financial Incentive Programs › Chapter 9 - Restoration Tax Abatement Program › Section I-905 - Application Requirements

Current through Register Vol. 50, No. 6, June 20, 2024
A. The
				application must be complete (any exceptions must be authorized by C & I
				staff). All sections of the application form RTA1 must be filled in. Under
				Section 5, submit at least a one paragraph detailed description of the project
				with some historical overview, if applicable. For "Estimated No. of Jobs," list
				only the net new permanent jobs that will be created as a result of the project
				being applied for; do not list permanent jobs that existed prior to the
				beginning of the project. In addition all applicable addendum documentation,
				listed under "Project Documentation," must be received. The application will be
				returned to the applicant if the required information is not
				received.
B. The expansion,
				restoration, improvement or development must be made to an existing structure
				and must be located in a downtown development district, economic development
				district or historic district.
C.
				If the construction period is longer than two years, the project must be
				divided into two-year phases, and a separate application must be filed for each
				two-year increment. A separate application must be filed for each structure
				being restored, renovated, improved or developed. Exceptions to this Paragraph
				must be approved in advance by the authorized representative of the board, and
				approved by the board.
D. The
				expansion, restoration, improvement or development of a certified historic
				structure shall also be required to meet the National Park Service requirements
				for restoration projects known as the Secretary of the Interior's "Standards
				for Rehabilitating Historic Structures"; and, as interpreted by the Louisiana
				Department of Culture, Recreation, and Tourism, Division of Historic
				Preservation. As used in this Subsection, the phrase "certified historic
				structure" means any building including its structural components, which:
1. is listed on the National Register of
				Historic Places; or
2. is located
				in a registered historic district and is listed as a contributing element of
				that district in the National Register records under authority of the Secretary
				of the Interior.
Louisiana Administrative Code › Title 13 - ECONOMIC DEVELOPMENT › Part I - Financial Incentive Programs › Chapter 9 - Restoration Tax Abatement Program › Section I-907 - Project Documentation

Current through Register Vol. 50, No. 6, June 20, 2024
A.
				Application is to be filed with the Office of Commerce and Industry. Please
				return four application forms (RTA1) completed, signed and notarized. The
				application should include a complete description of the project. Attach
				additional pages if necessary. In addition, two complete sets of the addendum
				documentation, Paragraphs B.1-6 and either Paragraphs B.7 or 8 are required for
				all projects. For projects involving owner-occupied residences Paragraphs B.9
				and 10 must also be included. The Office of Commerce and Industry may request
				additional information.
B. The
				following addendum documentation must be submitted with the application (please
				denote each document with one of the numbers below):
1. proof of ownership: act of sale or option
				to acquire the property;
2. a legal
				property description (suitable for insertion into the exemption contract-retype
				if necessary), a plot map; a copy of the building permit issued for the
				project;
3. picture of the
				structure before beginning the project and a rendering of the structure as it
				will appear after completion of the project;
4. names and addresses of all owners (the
				general partner(s) or, the principal stockholders of the
				corporation);
5. the assessed value
				of the structure only (improvements) and the taxes paid on the structure
				only;
6. a copy of the tax invoice
				for the year prior to commencement of the project from the parish
				assessor;
7. certification from the
				local governing authority that the structure is in a downtown development
				district, an historic district, or an economic development district
				specifically designated as such for this program;
8. if the project is a "certified historic
				structure" as defined in §905 B, Certification from the Louisiana Department
				of Culture, Recreation, and Tourism, Division of Historic Preservation that the
				project meets the National Park Service requirements for restoration projects
				known as The Secretary of the Interior's "Standards for Rehabilitating Historic
				Structures." This is mandatory if the project is located in downtown New
				Orleans or downtown Shreveport;
9.
				a statement certifying that the minimum rehabilitation cost incurred to the
				owner-occupied residence project will be equal to or greater than 25 percent of
				the assessed valuation of the improvements located on the property prior to the
				commencement of the expansion, restoration, improvement, or development;
				and
10. a statement certifying that
				the owner-occupied residence project will be completed within a 24-month
				period.
Louisiana Administrative Code › Title 13 - ECONOMIC DEVELOPMENT › Part I - Financial Incentive Programs › Chapter 9 - Restoration Tax Abatement Program › Section I-909 - Local Governing Authority Certification and Approval

Current through Register Vol. 50, No. 6, June 20, 2024
A.R.S.
				47:4314.B, requires the exemption to be
				certified and approved by each local governing authority which is defined in
				R.S.
				47:4313(5).
"'Local governing authority' means the governing authority of
				  the parish in which the downtown, historic, or economic development district is
				  located unless the district is located within a municipality, in which case
				  'local governing authority' shall mean the governing authority of the
				  municipality. It the district is located partly in a municipality, 'local
				  governing authority' shall mean the governing authority of the parish and the
				  governing authority of the municipality."
B. Upon receipt of the application, the local
				governing authority shall notify each tax recipient body affected by the
				contract for a limited exemption and shall make available to each body the
				application and all supporting documents.
C. The parish or municipal governing
				authority shall certify that the property on which the expansion, restoration,
				improvement of development is being made is located within an established
				downtown, historic, or economic development district, whether established by a
				local governing authority or in accordance with law. This certification shall
				be submitted to the Office of Commerce and Industry with its decision to
				approve or disapprove.
D. The local
				governing authority shall determine whether the applicant's land usage meets
				the definition of "commercial property" based on their zoning ordinance, land
				use plan, downtown or economic revitalization plan, or any other development
				code and shall certify that the property meets their criteria. This
				certification shall be submitted to the Office of Commerce and Industry along
				with their recommendation.
E.
				Before notifying the board of its approval or disapproval of the application,
				the local governing authority shall conduct a public hearing. Notice of the
				time and place of the hearing shall be published at least twice in the official
				journal of the local governing authority, and at least 10 days shall elapse
				between the first publication and the date of the hearing. Each affected tax
				recipient body shall be given written notice of the hearing at least 10 days
				prior to such hearing. After such hearing, the local governing authority shall
				determine whether to approve or disapprove the application.
F. The local governing authority shall,
				within 60 days after receipt of the application from the Office of Commerce and
				Industry, file with the department a statement of its decision to approve or
				disapprove the application, the reasons therefor, and any supporting
				documents.
AUTHORITY NOTE:
				  Promulgated in accordance with R.S.
				  47:4311-4319.
Louisiana Administrative Code › Title 13 - ECONOMIC DEVELOPMENT › Part I - Financial Incentive Programs › Chapter 9 - Restoration Tax Abatement Program › Section I-911 - Effective Date of Contract

Current through Register Vol. 50, No. 6, June 20, 2024
A. The
				owner of the existing structure or structures, shall carefully document the
				beginning date of the effective use of the structure, and also document the
				date that construction is essentially complete. The contractee must file that
				information with the Office of Commerce and Industry on the prescribed Project
				Completion Report within 30 days following the last day of the month after
				effective use of the structure has begun or construction is essentially
				completed, whichever occurs first, The Office of Commerce and Industry will
				indicate with a return of a copy of that report the effective date of the tax
				exemption contract, which shall be December 31 of the year in which effective
				use of the structure began or construction was essentially complete, whichever
				was sooner.
B. As the assessment
				date for Orleans Parish is August 1, the effective date of contract for a
				structure located in Orleans Parish shall be July 31 of the applicable
				year.
AUTHORITY NOTE:
				  Promulgated in accordance with R.S.
				  47:4311-4319.
Louisiana Administrative Code › Title 13 - ECONOMIC DEVELOPMENT › Part I - Financial Incentive Programs › Chapter 9 - Restoration Tax Abatement Program › Section I-913 - Affidavit of Final Cost

Current through Register Vol. 50, No. 6, June 20, 2024
A.
				Within six months after construction has been completed, an affidavit of final
				cost showing complete cost of the exempted project shall be filed on the
				prescribed form together with a fee of $250 for the inspection which will be
				conducted by the Office of Commerce and Industry (make check payable to the
				Louisiana Economic Development).
AUTHORITY NOTE:
				  Promulgated in accordance with R.S.
				  47:4311-4319.
Louisiana Administrative Code › Title 13 - ECONOMIC DEVELOPMENT › Part I - Financial Incentive Programs › Chapter 9 - Restoration Tax Abatement Program › Section I-915 - Reports to Parish Assessor

Current through Register Vol. 50, No. 6, June 20, 2024
A.
				The property owner agrees to file annually with the assessor of the parish in
				which the structure is located any taxpayer's report required by law on forms
				furnished by the assessor in order that the exempted property may be separately
				listed on the assessment rolls. Notwithstanding the fact, taxes will be
				collected on the exempt property during the period of exemption at the assessed
				valuation of the property the year prior to the commencement of the expansion,
				restoration, improvement, or development of the property.
AUTHORITY NOTE:
				  Promulgated in accordance with R.S.
				  47:4311-4319.
Louisiana Administrative Code › Title 13 - ECONOMIC DEVELOPMENT › Part I - Financial Incentive Programs › Chapter 9 - Restoration Tax Abatement Program › Section I-917 - Contract Can Be Transferred

Current through Register Vol. 50, No. 6, June 20, 2024
A. If
				the property for which the limited exemption has been granted is sold the
				limited exemption may be transferred for the remainder of its term to the new
				owner, provided such transfer is approved by the local governing authority, the
				Board of Commerce and Industry, and the governor.
AUTHORITY NOTE:
				  Promulgated in accordance with R.S.
				  47:4311-4319.
Louisiana Administrative Code › Title 13 - ECONOMIC DEVELOPMENT › Part I - Financial Incentive Programs › Chapter 9 - Restoration Tax Abatement Program › Section I-919 - Violation of Rules or Documents

Current through Register Vol. 50, No. 6, June 20, 2024
A. On the board's initiative or whenever a
				written complaint or violation of terms of the tax exemption rules or contract
				is received, the assistant secretary of the Office of Commerce and Industry
				shall cause to be made a full investigation on behalf of the board, and he
				shall have full authority for such investigation including, but not
				exclusively, authority to call for reports or other pertinent records or other
				information from the contractee. If the investigation substantiates a
				violation, he may present the subject contract to the board for formal
				cancellation.
AUTHORITY NOTE:
				  Promulgated in accordance with R.S.
				  47:4311-4319.
Louisiana Administrative Code › Title 13 - ECONOMIC DEVELOPMENT › Part I - Financial Incentive Programs › Chapter 9 - Restoration Tax Abatement Program › Section I-921 - Contract Renewal

Current through Register Vol. 50, No. 6, June 20, 2024
A.
				Effective January 1, 1991, contracts may be renewed, subject to the same
				conditions, for an additional five years extending such right for a total of 10
				years from completion of the work.
B. In order to be eligible for renewal of an
				existing contract the Project Completion Report and affidavit of final cost,
				contract addendum documents, must have been filed for the original contract;
				taxes cannot have been paid on the improvements pursuant to
				R.S.
				47:4315.A.(4); and a renewal application form
				must be submitted. The following documentation should be submitted:
1. three copies of the application, Form
				RTA1, marked "Renewal," containing current data;
2. a written, notarized certification (three
				copies) from the applicant, referencing the original application/contract
				number, that "taxes have not been paid on improvements exempted under contract
				number (number), for (owner name), pursuant to
				R.S.
				47:4315, Paragraph A.(4) and the Restoration
				Tax Abatement Program Rules"; and
3. a renewal fee check for $250, payable to
				Louisiana Economic Development.
Louisiana Administrative Code › Title 13 - ECONOMIC DEVELOPMENT › Part I - Financial Incentive Programs › Chapter 11 - Quality Jobs Program › Section I-1101 - General

Current through Register Vol. 50, No. 6, June 20, 2024
A. Purpose. The
				Quality Jobs Program provides rebates as an inducement for businesses in
				traditional or seed clusters targeted for development by the department to
				locate or expand existing operations in Louisiana, and to support employers who
				will make significant contributions to the development of the state
				economy.
B. Program Description
1. The amount of the rebate is directly
				related to the new direct jobs created and to the new annual gross payroll
				generated as the result of the employer locating or expanding existing
				operations in the state.
2. The
				employer may be entitled to sales and use tax rebates or the project facility
				expense rebate authorized in
				R.S.
				51: 2456 (B) (1), in addition to the
				requirements of this Chapter.
Louisiana Administrative Code › Title 13 - ECONOMIC DEVELOPMENT › Part I - Financial Incentive Programs › Chapter 11 - Quality Jobs Program › Section I-1103 - Definitions

Current through Register Vol. 50, No. 6, June 20, 2024
Act 386-
Act 386 of the 2017 Regular Session
				  of the Louisiana Legislature
Affiliate
-
1. any business entity that is:
a. controlled by the employer;
b. a controlling owner of the employer;
				or
c. controlled by an entity
				described in Subparagraph a or b;
Louisiana Administrative Code › Title 13 - ECONOMIC DEVELOPMENT › Part I - Financial Incentive Programs › Chapter 11 - Quality Jobs Program › Section I-1105 - Qualified Employers

Current through Register Vol. 50, No. 6, June 20, 2024
A.For
				companies subject to the provisions of Act 387, to qualify for a Quality Jobs
				Program contract, an employer must meet the following requirements.
1. Eligible Businesses. The nature of the
				employer's business must fall within one of the following categories:
a. one of the following six Vision 2020
				cluster industries:
i. biotechnology,
				biomedical, or medical industries serving rural hospitals;
ii. micromanufacturing;
iii. software, auto regulation, Internet, or
				telecommunications technologies;
iv. environmental technologies;
v. food technologies; or
vi. advanced materials;
Louisiana Administrative Code › Title 13 - ECONOMIC DEVELOPMENT › Part I - Financial Incentive Programs › Chapter 11 - Quality Jobs Program › Section I-1107 - Application Fees, Timely Filing

Current through Register Vol. 50, No. 6, June 20, 2024
A. The applicant shall submit an advance
				notification on the prescribed form before locating the establishment or the
				creation of any new direct jobs in the state. All financial incentive programs
				for a given project shall be filed at the same time, on the same advance
				notification form. An advance notification fee of $250, for each program
				applied for, shall be submitted with the advance notification form. An advance
				notification filing shall be considered by the department to be a public record
				under
Louisiana Revised Statutes
, title 44, chapter 1,
				Louisiana Public Records Law, and subject to disclosure to the
				public.
B. An application for the
				Quality Jobs Program must be filed with the Office of Business Development,
				Business Incentives Services, through the department's online Fastlane portal
				no later than 24 months after the department has received the advance
				notification and fee, except that upon request, a business shall receive a
				thirty-day extension of time in which to file its application, provided that
				the request for extension is received by the Department no later than the
				filing deadline. Failure to file an application within the prescribed timeframe
				will result in the expiration of the advance notification.
1. The application shall include a detailed
				project description clearly stating the nature and scope of the proposed
				project. For example, whether the project is the construction of a new
				facility, renovation of an existing facility, or an increase in workforce.
				Where possible, identify specific project goals, milestones and costs that may
				be verified by both the department and LDR for subsequent contract compliance
				review.
2. Applications submitted
				by COVID-19 impacted retail businesses shall include support documentation
				evidencing a physical and active operation in Louisiana on March 13, 2020, and
				that it ceased operations due to either one of the governor's public health
				emergency proclamations or a mayor's proclamation or executive order related to
				the public health emergency, or a decrease in customer activity or the
				inability to retain sufficient staff due to the COVID-19 public health
				emergency.
Louisiana Administrative Code › Title 13 - ECONOMIC DEVELOPMENT › Part I - Financial Incentive Programs › Chapter 11 - Quality Jobs Program › Section I-1109 - Application Review and Determination

Current through Register Vol. 50, No. 6, June 20, 2024
A. Application Review
1. The department will assign a project
				number and review the advance notification form to determine if the employer is
				qualified pursuant to §1105 The employer will be notified of the project
				number and due date of the application packet. Certification of the employer's
				primary qualification, on the prescribed form, must be submitted by the
				applicant, prior to the application being received by the department.
2. The application packet must be completed
				through the department's online Fastlane portal by the due date. If the
				application is incomplete, the department may request additional information
				prior to further action. The application fee must accompany the application
				packet pursuant to
				§1107 C
3. The employer must provide all information
				requested by the department for purposes of verifying employer qualifications,
				gross payroll, wages, new direct jobs, and the value of the basic health
				benefits plan or health insurance coverage, including but not limited to a list
				of all employees, their positions and wages, and a copy of the basic health
				benefits plan or health insurance coverage policy.
4. LED reserves the right to request missing
				information, which shall be provided to LED within 60 days. Applications with
				missing or inadequate information after this time frame shall be considered
				late filings.
Louisiana Administrative Code › Title 13 - ECONOMIC DEVELOPMENT › Part I - Financial Incentive Programs › Chapter 11 - Quality Jobs Program › Section I-1111 - Consultation with the LWC and the LDR

Current through Register Vol. 50, No. 6, June 20, 2024
A. The department will provide a copy of the
				application and all relative information to the LWC and the LDR for review.
				Either the LWC or the LDR or both may require additional information from the
				applicant.
B. The department must
				receive a letter-of-no-objection or a letter-of-approval from the LWC and the
				LDR, prior to submitting the application to the board for action. If LWC or LDR
				issues an objection to an application other than an objection because an
				applicant is in active negotiations with, under audit by or in litigation with
				the department issuing the objection, the applicant has six months to clear the
				objection or the application shall be cancelled. The six month period shall
				begin on the date LED sends written notification to the company of the
				objection received from LWC or LDR. Applicants may demonstrate active
				negotiation to LED by providing written documentation periodically, but at
				least every six months, of ongoing, bilateral communications between the
				applicant or its representative and LWC or LDR as applicable, even if such
				communication begins after the objection was issued, or other written
				verification as approved by LED.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  51:2451-2462 et
				  seq.
Louisiana Administrative Code › Title 13 - ECONOMIC DEVELOPMENT › Part I - Financial Incentive Programs › Chapter 11 - Quality Jobs Program › Section I-1115 - Department Recommendations to Board

Current through Register Vol. 50, No. 6, June 20, 2024
A. After its review and determination the
				department will prepare the application information in a format suitable for
				presentation to the board.
B. The
				department will make a presentation to the board as to the economic impact and
				the benefits to be received.
C. The
				department will make recommendations for approval or disapproval, and will
				provide information on behalf of the LWC and the LDR.
D. The board must approve the application
				prior to a contract being issued.
E. Applicant or its representatives will be
				notified of the board meeting date at which their application will be
				considered. The applicant should have someone present who is able to answer any
				questions the board may have regarding the information contained in the
				application, otherwise, the application may be deferred or denied.
AUTHORITY NOTE:
				  Promulgated in accordance with R.S. 51:2451-2462 et
				  seq.
Louisiana Administrative Code › Title 13 - ECONOMIC DEVELOPMENT › Part I - Financial Incentive Programs › Chapter 11 - Quality Jobs Program › Section I-1117 - The Contract

Current through Register Vol. 50, No. 6, June 20, 2024
A. The
				board, after no objection from the executive director of the LWC and secretary
				of the LDR, and with the approval of the governor, may enter into a contract
				with an employer for a period up to five years. The business must execute its
				portion of the contract and return it to Business Incentive Services within 90
				days. If the contract is not returned within 90 days, the board's approval
				shall be deemed rescinded.
1. A contract with
				an employer shall be limited to a single project site and the benefits the
				employer shall receive will be based upon the operations at that location. An
				employer may have only one contract in effect for a project site, except as
				provided below.
2. Upon written
				approval of the department, an employer may have one additional contract in
				effect for a project site for a subsequent expansion project that is distinct
				from the project associated with the original contract, and that increases the
				number of new direct jobs at the site by at least 25 percent. If new direct
				jobs are not increased by at least 25 percent by the end of the third fiscal
				year of the additional contract, the contract shall be terminated and all
				benefits for the site shall be determined under the original
				contract.
3. An employer may have
				multiple contracts covering multiple locations. The eligibility of each
				location shall be determined separately.
4. For each contract, the department shall
				certify that the employer has a net overall increase in employment statewide
				for each new direct job.
5. A
				contract may, with the approval of the board, be transferred to a business
				entity purchasing and continuing the operation of a project site. Upon such
				transfer, the employment baseline shall be that of the purchaser during the
				45-day period prior to the purchase.
6. A contract shall be limited to one
				employer receiving payroll rebates, however the employer's named related entity
				or affiliate may generate a sale and use tax rebate or project facility expense
				rebate for their expenditures directly relating to the project site, but
				payable to the contract holder, if the following conditions are met:
a. the employer meets all program
				requirements;
b. the entity is
				disclosed by the employer in its application; or
c. the entity is listed in the contract
				attachment Schedule One, which may be amended with the approval of the
				department and the board.
7. A fee of $250 shall be filed with a
				request for any contract amendment, including but not limited to, a change of
				ownership, change in name, or change in location.
Louisiana Administrative Code › Title 13 - ECONOMIC DEVELOPMENT › Part I - Financial Incentive Programs › Chapter 11 - Quality Jobs Program › Section I-1118 - Project Completion

Current through Register Vol. 50, No. 6, June 20, 2024
A. All
				companies, whether seeking a payroll rebate, sales and use tax rebate or
				project facility expense rebate, shall file a minimum of one project completion
				report and one affidavit of final cost as follows.
1. An applicant may file a preliminary
				project completion report no earlier than with its third fiscal year filing,
				but no later than with the filing of a final project completion
				report.
2. An applicant shall file
				a final project completion report within six months after the project ending
				date or the governor's signature on the contract, whichever is later.
3. No more than two project completion
				reports (one preliminary and one final report) may be filed per five year
				contract period.
4. Project
				completion reports shall be submitted through the department's online Fastlane
				portal.
5. A fee of $250 shall
				accompany all project completion report filings, or any project completion
				report amendment filings.
Louisiana Administrative Code › Title 13 - ECONOMIC DEVELOPMENT › Part I - Financial Incentive Programs › Chapter 11 - Quality Jobs Program › Section I-1119 - Payroll Incentive Rebates

Current through Register Vol. 50, No. 6, June 20, 2024
A. Except as otherwise provided herein an
				employer who has entered into a contract may receive a rebate that is
				calculated by multiplying the benefit rate times the annual gross
				payroll.
B. Notwithstanding
				anything to the contrary in either Chapter 1 or Chapter 5 of Subtitle II of
				Title 47 of the Louisiana Revised Statutes of 1950, as amended, the following
				rules shall apply with respect to the application of the rebate allowed.
1. The incentive rebate allowed an S
				corporation shall be paid to the S corporation entity and not the individual
				shareholders of the corporation.
2.
				The incentive rebate allowed a partnership, limited liability partnership
				(LLP), or limited liability company (LLC) shall be paid to the entity and shall
				not be paid to the individual partners or members of the entity.
Louisiana Administrative Code › Title 13 - ECONOMIC DEVELOPMENT › Part I - Financial Incentive Programs › Chapter 11 - Quality Jobs Program › Section I-1120 - Sales and Use Tax Rebate or Project Facility Expense Rebate

Current through Register Vol. 50, No. 6, June 20, 2024
A. Project Facility Expense Rebate
1. The project facility expense rebate is
				earned in the year in which the project is placed in service, and is based upon
				all qualified capitalized expenditures related to the project as of the date it
				is placed in service.
a. Qualified
				expenditures include intangible costs such as architectural and/or engineering
				fees prior to the contract effective date.
b. The project facility expense rebate may
				not be elected if more than 50 percent of the qualified expenditures relating
				to the project are incurred before the filing of the advance notification.
Louisiana Administrative Code › Title 13 - ECONOMIC DEVELOPMENT › Part I - Financial Incentive Programs › Chapter 11 - Quality Jobs Program › Section I-1121 - Rebate Payments

Current through Register Vol. 50, No. 6, June 20, 2024
A. In
				addition to the payroll rebates, an employer shall be entitled to sales and use
				tax rebates or the project facility expense rebate as authorized in
				R.S.
				51:2456, if the employer meets the hiring
				requirements of
				R.S.
				51:2455 Program and meets the other
				limitations, procedures, and requirements of
				R.S.
				51:2456 and
				2457 and the rules promulgated
				there under, Louisiana Administrative Code, Title 13, Part I, Chapter
				11.
B. A request for rebate of
				local sales and use taxes must be accompanied by an endorsement resolution
				approved by the governing authority of the appropriate political subdivision
				from which rebates will be sought. The endorsement resolution must clearly
				state the local governmental subdivision intends to rebate the allowable sales
				and use taxes for the project. The resolution must be filed with the department
				prior to the board taking action on the application.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  51:2451-2462 et
				  seq.