Unless otherwise indicated, all bills noted below have been passed by the legislature and are waiting on signature or veto by the governor. Our discussion of each bill assumes the bill is or becomes law. SB1 by Senator R. L. Bret Allain, II TAX/FRANCHISE/CORPORATE: Phases-out the corporate franchise tax. SB 1 reduces the corporate franchise … Continue Reading
In a letter recently issued to Lafourche Parish, LA sales/use taxpayers, the Lafourche Parish local sales/use tax collector Amanda Granier explains that Lafourche Parish has now granted Lafourche Parish local sales/use tax filing extensions to certain dealers/taxpayers impacted by Hurricane Ida. The Lafourche Parish sales/use tax office is now open again, but was previously closed … Continue Reading
The Louisiana Department of Revenue has now issued Revenue Information Bulletin (RIB) 21-027 granting an automatic state sales/use tax filing extension and corresponding penalty relief to taxpayers in certain Louisiana areas impacted by Hurricane Ida for August 2021 Louisiana state sales/use taxes that were due to be filed on or before September 20, 2021. The … Continue Reading
The Louisiana Department of Revenue has now issued Revenue Information Bulletin (RIB) 21-025, which addresses many frequently asked questions (FAQs) and provides informational guidance and resources to assist taxpayers located in designated parishes in their recovery efforts following the devastation to many Louisiana individuals and businesses following Hurricane Ida. The Department’s new 10-page FAQs in … Continue Reading
Louisiana Secretary of State Kyle Ardoin has now announced the rescheduling of the upcoming tax reform constitutional amendment votes and other Fall elections, which were to be held October 9. The Fall elections and related tax reform votes are now scheduled to be held November 13. This change was recommended by the Secretary of State … Continue Reading
by: Walt Terry and Matt Mantle The Alabama Department of Revenue (ADOR) proposed sales/use tax regulations last month to unify the various casual sale, used, and secondhand property taxation rules into one rule. Under Alabama law, casual or isolated sales by persons not engaged in the business of selling are not required to be reported … Continue Reading
The Louisiana Department of Revenue has now issued Revenue Information Bulletin (RIB) 21-024 automatically granting additional extensions to taxpayers in certain Louisiana areas impacted by Hurricane Ida for certain taxes that were due on or after August 26, 2021. The Department’s new RIB specifically explains which taxpayers are eligible for automatic extensions, by tax type. … Continue Reading
The Louisiana Department of Revenue has now issued Revenue Information Bulletin (RIB) 21-020, which provides certain income tax relief (and notice requirements) relating to Hurricane Ida relief work performed in the State by nonresident businesses or employees. Louisiana law (Act 358, 2017 Reg. Sess.) provides for an income tax exclusion from either gross income or … Continue Reading
The Louisiana Department of Revenue has now issued Revenue Information Bulletin (RIB) 21-021 automatically granting filing and payment extensions to taxpayers for certain Louisiana tax returns and payments due during Hurricane Ida landfall and impact. The Department’s new RIB specifically explains that for taxpayers whose homes, principal places of business, critical tax records, or paid … Continue Reading
The Louisiana Department of Revenue has now issued two new proposed regulations regarding: Electronic filing and payment requirements for consolidated sales tax returns; and Mandatory electronic filing requirements and electronic payment requirements relating to the Industrial Hemp-Derived CBD and Consumable Hemp Products Tax. Consolidated Sales Tax Returns – Electronic Filing and Payment Requirements: The … Continue Reading
Louisiana’s Governor, John Bel Edwards, has now signed into law SB 36 (enacted as Act 459), which eliminates the prior 20-year carryover period limitation imposed on the available deduction for net operating losses (NOLs) for Louisiana corporate income tax purposes. Act 459 amends La. R.S. 47:287.86(B) to provide that all NOL deductions claimed on any … Continue Reading
Louisiana House Bill 199, which would create a more centralized state and local sales tax collection system in Louisiana, has now been adopted by the House and Senate after negotiation in conference committee. The legislative information regarding HB 199 can be found here. The applicable conference committee report proposed by the appointed conference committee conferees, … Continue Reading
The Louisiana Legislature has now sent to conference committee proposed legislation (SB 157) that would exempt the wages of certain nonresident employees from Louisiana individual income taxation, and their employers from withholding and reporting requirements, if the employees only worked in Louisiana for fewer than 25 days in a calendar year. If SB 157 becomes … Continue Reading
This first post in this series focuses on the obvious first question to address: are we dealing with a Louisiana sales tax issue or a Louisiana use tax issue (or perhaps both)? Which tax is applicable, and which Louisiana statutory tax provisions are to be utilized? The interplay of sales tax and use tax in … Continue Reading
On January 20, 2021, the Louisiana Supreme Court denied the Louisiana Department of Revenue’s writ application in the closely-followed Louisiana due process / personal jurisdiction case of Robinson v. Jeopardy Productions, Inc., 2020-C-01343 (La. 1/20/21). This case is now final. A copy of the Louisiana Supreme Court’s writ denial ruling can be found here. The … Continue Reading
This is a reminder to all businesses registered in Alabama for sales, rental, sellers use, lodgings, utility gross receipts, or simplified sellers use tax purposes and who are required under current law to obtain a corresponding license from the Alabama Department of Revenue (ADOR) that you are now required to renew these licenses annually beginning … Continue Reading
Beginning July 1, 2020, the Louisiana Sales and Use Tax Commission for Remote Sellers (Commission) will be required to enforce collections of Louisiana state and local sales/use taxes by qualifying “remote sellers” and “marketplace facilitators.” As a follow-up to our recent Jones Walker SALT webinar on this topic, the following is a list of action … Continue Reading
Today, in compliance with Proclamation No. JBE 2020-59, which was issued by Governor Edwards on May 14, 2020, the Louisiana Tax Commission (LTC) issued Statewide Advisory 05-2020 explaining that JBE 2020-59 continues the suspension of the statutory April 1, 2020 deadline for filing personal property renditions with local assessors (for property owners other than public … Continue Reading
Today, the Louisiana Department of Revenue issued Revenue Information Bulletin (“RIB”) No. 20-011, which provides filing and payment extension relief for monthly Louisiana severance tax returns, payments, and reports due on April 25, 2020. The RIB provides that the filing and payment deadline for the February 2020 monthly oil and gas severance tax return, which … Continue Reading
The Mississippi Secretary of State’s office has now issued its new Remote Notarization Order Guidance following Mississippi Governor Tate Reeves’ Executive Order 1467, which modified the in-person requirement for notarization temporarily. According to the new Remote Notarization Order Guidance, effective immediately, and continuing throughout the period of the State of Emergency Proclamation as declared by … Continue Reading
Today, in compliance with Proclamation No. JBE 2020-41, which was issued by Governor Edwards on April 2, 2020, the Louisiana Tax Commission (LTC) issued Statewide Advisory 03-2020 providing for the continued suspension and continuance without date of all LTC appeal hearings. The LTC will continue to meet telephonically to consider ad valorem property tax change … Continue Reading
Today, March 23, 2020, the Alabama Department of Revenue (ADOR) issued an Order in response to the COVID-19 crisis confirming that the due date for filing Alabama state Individual Income Tax or Corporate Income Tax (collectively, “State Income Tax”), Financial Institution Excise Tax (FEIT), or Business Privilege Tax (BPT) returns and making corresponding State Income … Continue Reading
Today, in a case of first impression that has captured national attention, the Louisiana Supreme Court held in a 4-3 decision that Wal-Mart.com (an online marketplace facilitator) is not required to collect and remit Jefferson Parish sales tax on behalf of its third-party sellers. See Normand v. Wal-Mart.com USA, LLC, 2019-263 (La. 12/29/19), __ So. … Continue Reading
The date and time are now set for the much-anticipated oral argument of the Wal-Mart.com “marketplace” litigation matter in Louisiana’s highest court! On September 4th, at 2:00 PM CT, the Louisiana Supreme Court will hear oral arguments of the taxpayer, Wal-Mart.com, and the local tax collector, the Jefferson Parish Sheriff’s Office (JPSO). A link the … Continue Reading
