Tag Archives: Income Tax

A “Quest” for Certainty—Court of Appeal Affirms Louisiana Was a “Location-of-Performance” State All Along

In Quest Diagnostics Clinical Laboratories, Inc. v. T.A. “Tim” Barfield, Jr., Secretary, Department of Revenue, State of Louisiana; and the State of Louisiana, Louisiana Court of Appeal, First Circuit, Docket No. 2015-CA-0926 (September 9, 2016), the Louisiana Court of Appeal, First Circuit recently confirmed that Louisiana was a “location-of-performance” state when sourcing service-based receipts for corporate income … Continue Reading

Special Legislative Session Called by Louisiana Governor To Address Taxes and Budget

Today, Louisiana Governor Edwards called for a special session of the Louisiana Legislature to begin on February 14, 2016 and end no later than March 9, 2016.  The session has been called to address the current year $700 million budget deficit and a number of tax issues, including: Amend the Constitution “relative to deductible items … Continue Reading

Louisiana Governor Releases Report on Fiscal Matters: A Preview of Potential Tax Changes

Louisiana Governor Edwards’ Transition Committee on Fiscal Matters released its much-anticipated report on the Louisiana budget and taxes. In order to address Louisiana’s structural deficit, the Transition Committee offered the following options to reform the Louisiana tax system: Reduce Louisiana’s individual income tax rates across the board, if the voters agree to eliminate the deduction … Continue Reading

2015 Louisiana Tax Amnesty Begins: New Department Guidance Published

Today, the 2015 tax amnesty program begins and will continue through December 15, 2015. In connection with the program, on November 3 the Louisiana Department of Revenue issued its Revenue Information Bulletin (RIB) No. 2015-037 providing taxpayers with specific information on this year’s amnesty. Notably, unlike the language of Act 822 (2014 Reg. Sess.) upon which the 2015 … Continue Reading

Louisiana Department of Revenue Is Incorrectly Interpreting and Applying the 28% NOL Reduction in HB 624 (Act 123)

As we reported in prior posts, the Louisiana Legislature passed several revenue raising bills this year in an attempt to address an apparent $1.6 billion budget hole for the 2016 fiscal year.  One of those new bills, HB 624 (now Act 123), provides a 28% reduction to certain corporate income tax exclusions and deductions, including … Continue Reading

Four SALT Attorneys Quoted in Bloomberg BNA

State & Local Tax Partners, Jesse R. “Jay” Adams, III, William M. Backstrom,Jr., John F. Fletcher, and Kimberly Lewis Robinson, were all quoted in the recent Bloomberg BNA article, “Corporate Taxpayers Face Changes in Louisiana, Mississippi, Attorneys Say.” The partners discuss how legislative sessions in 2014 and 2015 and some notable cases have brought significant changes … Continue Reading

Business Taxpayers Get Cooked: Louisiana Legislature Temporarily Patches $1.6 Billion Budget Hole with Tax Changes

There’s a children’s book, “The Goose That Almost Got Cooked,” which tells the story of a Canadian goose who takes a break from her flight south for the winter to rest at a lovely farm where the other geese are fed three meals a day. The Canadian goose thinks this is the life until discovering one … Continue Reading

Louisiana Tax Bills Pass Out of Senate Revenue & Fiscal Affairs Committee: Business Community Still Getting Its Goose Cooked

The Louisiana Legislature’s ever-evolving tax and revenue “gumbo pot” is now really getting hot!  And, as of this moment, the business community is still being served up as the main course. On May 18th, the Senate Revenue and Fiscal Affairs Committee moved forward several key tax bills that have already passed out of the Louisiana House of … Continue Reading

Pay Attention! Louisiana House and Senate Committees to Hear Several Key Tax Bills Next Week

Don’t blink! Pay close attention, because things are moving quickly right now at the Louisiana Legislature! The Senate Revenue and Fiscal Affairs Committee met Monday, May 11th to hear a series of tax bills, including bills to implement combined reporting and an add-back provision for corporate income tax and clean-up provisions for the Louisiana Board … Continue Reading

First Circuit Declines Second Bite at Utelcom Apple

On Friday, the Louisiana First Circuit Court of Appeal issued its highly-anticipated opinion in Cynthia Bridges, Secretary, Department of Revenue v. Polychim USA, Inc.  In Polychim, the First Circuit considered whether the district court properly granted summary judgment in favor of the Louisiana Department of Revenue  (the “Department”) in its holding that Polychim was subject … Continue Reading

A Lot of Tax on the Menu! – Many Tax Bills Pass Out of Louisiana House Ways & Means Committee

We anticipated it was going to be a busy day for the folks at the Louisiana Legislature on Monday.  And they certainly didn’t disappoint! Tornadoes, thunderstorms, floods, and power outages couldn’t stop the Louisiana House Ways & Means Committee from meeting late into the night yesterday to discuss – and pass through – many tax bills, all in … Continue Reading

Louisiana House Ways & Means Committee to Discuss Combined Reporting, Add-Backs, NOL Carrybacks, and Refundable Tax Credits

Everyone should get ready for a very busy Monday at the Louisiana Legislature! On Monday, April 27th, at 9:00, the Louisiana House Ways & Means Committee will meet to discuss a number of tax bills.  Importantly, among the tax issues to be discussed are combined reporting (HB 775), statutory add-backs (HB 531), NOL carrybacks (HB 218), … Continue Reading

Mississippi Court Finds State Income Tax Dividend Exclusion Statute Unconstitutional

The Hinds County Chancery Court on March 20th invalidated the nexus-based restrictions contained within Mississippi’s dividend exclusion statute, finding the provisions violated the Commerce Clause. A copy of the Court’s Order can be found here. The Mississippi Department of Revenue and the taxpayer, AT&T, had stipulated that the statute, Miss. Code Section 27-7-15(4)(i), exempts from a … Continue Reading
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