Category Archives: Legislation

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Addendum – Estimated Tax Payments: Mississippi Follows the National Pass-Through Entity Tax Election Trend — Start Now to Make a 2022 Tax Election

Addendum – Estimated Tax Payments:  Just after our article went to press, we received some informal guidance from the DOR regarding estimated tax payments that presents a bit of a conundrum for those considering the PTE election.  As explained below, it may be necessary to make duplicate estimated payments at both the entity and partner/member … Continue Reading

Mississippi Follows the National Pass-Through Entity Tax Election Trend — Start Now to Make a 2022 Tax Election

This year, a number of state legislatures considered and passed legislation that creates a pass-through entity (PTE) tax as a workaround to the $10,000 cap on the state and local tax (SALT) itemized deduction. Nearly 30 states have enacted a PTE tax. Mississippi is one of the more recent states to join the ranks. Beginning … Continue Reading

Louisiana Tax Commission Sets Dates for 2023 Rules and Regulations Sessions

For anyone interested in Louisiana property tax issues, the Louisiana Tax Commission has given notice of the dates for its annual Rules and Regulations hearings. Any interested party can submit a proposal to amend the current regulations to the Commission during this process. The Commission accepts written proposals that are presented in an open Commission … Continue Reading

Mississippi Enacts Pass-Through Entity Income Tax Election/ SALT Cap Workaround

Mississippi recently passed a SALT cap workaround in the form of a flow-through entity election. Consistent with the roughly 26 other states having adopted similar schemes, the Mississippi bill presents several grey areas and questions that will need to be addressed through Department of Revenue guidance or possible technical corrections. H.B. 1691, signed into law … Continue Reading

Louisiana Tax Commission Issues Statewide Advisory Regarding Severe Weather Event on March 22

As we have written before, any property owner whose property has been damaged or rendered non-operational as a result of an emergency declared by the governor can seek a reduction in the value of their affected property even though January 1st has passed. See La. R. S. 47:1978.1. On March 23, 2022, Louisiana Governor John … Continue Reading

Louisiana Department of Revenue Updates Partnership Reporting Requirements

In the 2021 Louisiana Regular Legislative Session, the Louisiana Legislature enacted Act 287 making wholesale changes to the Louisiana income tax reporting and audit regime for partners and partnerships.  Effective June 2021, the Act’s updated reporting obligations were made applicable to 2021 returns filed in 2022, prompting a need for guidance with respect to how … Continue Reading

Mississippi House Revisits Income Tax Phase-Out for 2022

Today the Mississippi House of Representatives filed and passed out of the Ways and Means Committee H.B. 531 which appears to represent the House leadership’s income tax elimination proposal for the 2022 session.  The bill, which is 294 pages long, appears to have the following primary features: Quantifies the amounts by which actual fiscal year … Continue Reading

Questions Submitted for Hearing on Mississippi Software Sales Tax Regulation

In anticipation of the upcoming public hearing on Mississippi’s proposed amendments to its sales tax regulation on Computer Equipment, Software and Services, Jones Walker recently submitted a letter to the Mississippi Department of Revenue summarizing a wide range of questions and issues raised by the proposal.  These questions were compiled as a result of discussions … Continue Reading

UPDATE: Mississippi Attempts to Significantly Increase Sales and Use Taxes on Internet-Based Business Services Via Regulatory Amendment

UPDATE:  In response to widespread interest in these changes, the Mississippi Department of Revenue this afternoon scheduled a public hearing on the proposed amendments.  The hearing is set for Wednesday, November 3 at 1:30. Interested parties are encouraged to identify specific questions and issues to present to the Department at the hearing. Jones Walker is … Continue Reading

Louisiana Secretary of State Announces Rescheduling of Upcoming Tax Reform Vote to November 13

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

Louisiana Department of Revenue Issues Guidance on Income Tax Relief (and Notice Requirements) for Hurricane Ida Relief Work by Nonresident Businesses or Employees

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

Two New Proposed Regulations Issued by the Louisiana Department of Revenue

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

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

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

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

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!

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

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

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

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

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

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
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