Category Archives: Legislation

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Louisiana Governor Has Now Signed Law Removing 20-Year Carryover Limitation on Net Operating Loss (NOL) Deduction for Corporate Income Tax Purposes

By Matt Mantle and Jay Adams on Posted in Legislation, Tax News
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

I Feel a Change Comin’ On: Louisiana’s 2021 Regular Session Legislative Wrap-Up

By Cami Fergus and Joe Landry on Posted in Legislation, Tax News, Tax Procedure
The Louisiana Legislature’s 2021 Regular Session has now concluded, and after a long and particularly contentious session, the Legislature was able to get substantial portions of its tax reform package across the finish line. Prior to the start of the 2021 Regular Session, Louisiana’s legislative leadership identified four main tax reform measures to be addressed, … Continue Reading

Louisiana’s Proposed Sales Tax Centralization Constitutional Amendment Has Passed the Legislature and Now Goes to a Vote of the People

By Matt Mantle on Posted in Legislation, Tax News, Tax Procedure
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

New Louisiana De Minimis Mobile Workforce Exemption Bill Goes to Conference Committee

By Cami Fergus and Matt Mantle on Posted in Legislation, Tax News
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

Jones Walker Presents: Louisiana Legislative Update 2021 – Register Now!

By Jones Walker LLP on Posted in Jones Walker Announcements, Legislation
With a business-friendly state legislature in Louisiana, significant pro-business tax reform remains front and center on the state’s legislative agenda for 2021. In this webinar, we will discuss the big picture tax policy issues for consideration in the current tax reform package being presented by Louisiana’s legislative leadership. This will include a candid discussion between, … Continue Reading

How to Accidentally Renege on Tax Incentives Agreements – the Consequences of Mississippi Income Tax Repeal

By John Fletcher on Posted in Legislation
Mississippi’s proposal to repeal the state’s individual income tax portends to surreptitiously renege on many of the state’s existing tax incentives agreements.  One of Mississippi’s more valuable economic development tools is the Advantage Jobs Program providing a cash rebate to certain businesses that create high-paying new jobs in the state.  The rebate is based on … Continue Reading

Mississippi House Passes Massive Sales Tax Increase on Business Inputs

By John Fletcher on Posted in Legislation, Tax News
Within a 24 hour period, the Mississippi House of Representatives introduced and passed a bill to repeal the individual income tax, but at a cost of massive increases in sales taxes imposed on business inputs.  H.B. 1439 would phase out the individual income tax by gradually increasing the personal exemption over an undefined period of … Continue Reading

Mississippi House bill would extend contractors tax to residential construction; Senate bill will require all contractors to register with DOR to obtain local building permit

By John Fletcher on Posted in Legislation, Tax News
The Mississippi House of Representatives passed HB 1142 to extend the state’s 3.5% contractor’s tax to residential construction and to require builders to obtain a material purchase certificate (“MPC”) in order to pull a local building permit. Under current law, the contractor’s tax only applies to commercial construction, and the ordinary 7% sales tax applies … Continue Reading

Mississippi House advances offer in compromise legislation

By John Fletcher on Posted in Legislation, Tax News
For several years Mississippi has attempted to pass legislation to authorize offers in compromise allowing taxpayers to pay less than the full amount of finally determined taxes due by them. The Mississippi Constitution prohibits any release or extinguishment of any obligation or liability to the state, except for the compromise of certain doubtful claims. On … Continue Reading

Mississippi House, Senate move to eliminate June 25 advanced sales, use and payroll tax payments

By John Fletcher on Posted in Legislation, Tax News
Years ago the Mississippi Legislature “borrowed” certain sales, use and payroll tax collections from a subsequent fiscal year to close a then-current year budget gap.  Because Mississippi has a June 30 fiscal year end, the legislation required certain taxpayers having a monthly tax liability of $50,000 or more to accelerate 75% of their June tax … Continue Reading

Mississippi Should Follow New Federal Treatment of PPP Deductions

By John Fletcher on Posted in Legislation, Tax News
When Congress recently passed Consolidated Appropriations Act of 2021, it explicitly reversed the IRS’s earlier position that expenses paid with non-taxable forgiven PPP loan proceeds could not be deducted.  As a result of this legislation, the IRS recently issued Revenue Ruling 2021-2 confirming that the act reversed its prior guidance in Notice 2020-32 and Rev. … Continue Reading

Don’t Miss This Webinar! Get the Scoop on Louisiana’s Efforts at Tax Reform

By Jones Walker LLP on Posted in Jones Walker Announcements, Legislation, Presentations
With a heavily business-friendly state legislature, before the pandemic, significant pro-business tax reform was on the legislative agenda. Please join members of the Jones Walker SALT team and special guest Senator R.L. “Bret” Allain, II, Louisiana State Senate, as we discuss what did pass, what did not, and what the future may hold for further … Continue Reading

Louisiana Legislature Ratifies and Extends Governor’s Extension of Legal Deadlines

By Andre Burvant and Cami Fergus on Posted in Administrative Pronouncements, Judicial Decisions, Legislation
House Bill 805 of the 2020 Regular Session, currently awaiting signature by Louisiana Governor John Bel Edwards, provides a hard deadline for all legal deadlines and prescription periods extended by proclamation throughout the COVID-19 public health emergency. On March 13, 2020, Governor Edwards declared a public health emergency in Louisiana, followed by a series of … Continue Reading

Beware Rigid Mississippi Local Tax Deadlines

By John Fletcher on Posted in Judicial Decisions, Legislation, Tax News
The Mississippi Department of Revenue has been very active in informing the public of tax-related developments resulting from the COVID-19 pandemic.  All taxpayers are encouraged to follow them on social media such as Facebook and Twitter as those appear to be their primary and most easily accessible means of conveying information to the public at … Continue Reading

Louisiana to Suspend Legislative Session

By Jones Walker LLP on Posted in Judicial Decisions, Legislation, Tax News
As confirmed by a spokesman for Speaker Schexnayder, the Louisiana legislature passed resolutions to suspend its business until March 31. This comes after a series of increasingly tough restrictions on public gatherings and commercial activity were announced over the weekend, and only days after legislative leadership issued a statement saying they anticipated to carry on … Continue Reading

City of New Orleans Offering Amnesty Late Fee Forgiveness Program

By Andre Burvant and Cami Fergus on Posted in Legislation, Tax News
In an effort to spur the payment of unpaid back taxes and fees, the City of New Orleans is currently offering an Amnesty Late Fee Forgiveness Program, which began June 3rd and runs through September 3rd, 2019. Certain tax deficiencies, as well as parking and certain camera tickets, code enforcement violations, and even library fines … Continue Reading

June 2019 Louisiana Remote Sellers Commission Meeting Brings Good News and… No News

By Andre Burvant on Posted in Jones Walker Announcements, Legislation, Tax News
Monday’s meeting in Baton Rouge of the Louisiana Sales and Use Tax Commission for Remote Sellers (the “Commission”) included two pieces of good news for just about everyone involved in or affected by the state’s effort to centralize the collection and remittance of sales taxes for remote sales. Unfortunately, there still remains a lack of … Continue Reading

Louisiana’s New Remote Sellers Law: What Does H.B. 547 Have in Common with a Box of Donuts?

By Bill Backstrom and Andre Burvant on Posted in Judicial Decisions, Legislation, Regulations, Tax News
As members of the Jones Walker SALT Team sat around the table in our office kitchen staring into a box of donuts provided by our firm on National Donut Day (the day after the close of the 2019 Regular Session of the Louisiana Legislature), we pondered this question: what does that box of tasty treats … Continue Reading

Louisiana’s Uniform Local Sales Tax Board Issues Adopted Regulation Regarding Uniform Voluntary Disclosure Program and Related Voluntary Disclosure Agreements (VDAs)

By Matt Mantle on Posted in Legislation, Regulations, Tax News, Tax Procedure
Louisiana’s Uniform Local Sales Tax Board (“ULSTB”) has now issued its adopted regulation at Louisiana Administrative Code (“LAC”) 72:I.105 (“Voluntary Disclosure Agreements”) regarding a uniform voluntary disclosure program and corresponding uniform voluntary disclosure agreement (VDA) for Louisiana local sales and use tax purposes.  The final, adopted regulation contains the same language as the prior proposed … Continue Reading

Louisiana Remote Seller Commission Issues Second Information Bulletin – RSIB 18-002 – Addressing Definition of “Remote Seller” and Further Guidance to Remote Sellers

By Matt Mantle and Andre Burvant on Posted in Legislation, Tax Procedure
The Louisiana Sales and Use Tax Commission for Remote Sellers (the “Commission”) has now officially issued its second information bulletin – Remote Sellers Information Bulletin (“RSIB”) 18-002 – which provides a general definition for “remote sellers,” as well as further administrative guidance regarding current and future registration, collection, remittance, and reporting requirements for “remote sellers.” … Continue Reading

Not So Fast: Louisiana State and Local Sales Taxes in a Post-Wayfair World

By Andre Burvant and Matt Mantle on Posted in Judicial Decisions, Legislation, Tax News
As word spread about the Supreme Court’s opinion in South Dakota v. Wayfair, Inc., Dkt. No. 17-494, 485 U.S.        (June 21, 2018), tax administrators around the country popped open bottles of champagne and began toasting the end of the “physical presence” substantial nexus standard.  The sounds of celebration were, at least initially, particularly deafening in … Continue Reading

Louisiana Department of Revenue Issues New “Taxable Rate” Chart to Explain State Sales Tax Changes Following Enactment of Recent Tax Revenue Bill

By Matt Mantle on Posted in Legislation
The Louisiana Department of Revenue has now issued a revised “Taxable Rate” chart (Form R-1002) to provide the Department’s understanding of the new Louisiana state-level sales/use/lease tax rates following the Louisiana legislature’s enactment of the sales tax revenue measure Act 1 (HB 10) in the recently-concluded third special session of the legislature, effective July 1, 2018. A … Continue Reading
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