Tag Archives: Louisiana Department of Revenue

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

Legal Deadlines in Louisiana Temporarily Suspended

As a result of the flooding throughout Louisiana, Governor John Bel Edwards issued Executive Order JBE 2016-053 to suspend deadlines in legal, administrative and regulatory proceedings.  The suspension is retroactive from Friday, August 12, 2016 and continues through Friday, September 9, 2016, unless amended, modified, terminated or rescinded by the Governor. The Louisiana Department of … Continue Reading

Property Purchased or Leased for Use Outside of Louisiana and Offshore Addressed in New Louisiana Guidance

The Louisiana Department of Revenue issued Revenue Information Bulletin No. 16-034 (July 14, 2016) to address the taxability of items of tangible personal property purchased or leased for use outside of Louisiana and offshore. Louisiana Revised Statute 47:305(E) provides that it is not the intention of any taxing authority to levy a tax upon articles … 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 Supreme Court to Hear Oral Arguments in Three Tax Cases in Back-to-Back Sessions on January 25th and 26th

It is somewhat rare for the Louisiana Supreme Court to entertain three tax cases in one year.  It is even rarer for the Court to hear three state and local tax cases in back-to-back sessions.  However, that is exactly what the Court will be doing! On January 25th and 26th, the Court will hear oral … 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

Jones Walker SALT Partner Kimberly Robinson Named Secretary of Revenue for the State of Louisiana

Jones Walker State & Local Tax Partner Kimberly Lewis Robinson has been tapped by Louisiana Governor-elect John Bel Edwards to serve as the new Secretary of Revenue for the State of Louisiana. Kim ‘s appointment was announced yesterday afternoon by Governor-elect Edwards during a press conference in Baton Rouge. In her new role, Kim will lead … 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

Don’t Let the Louisiana Tax Amnesty Program Scare the Boo Out of You!

Trick or Treat!  Louisiana’s 2015 Tax Amnesty program begins at 12:00 AM on November 16, 2015 and closes on December 15, 2015.  The 2015 iteration of the amnesty program offers a 33% waiver of penalties and 17% waiver of interest for taxpayers that apply and pay 100% of delinquent taxes. Here’s a scary thought:  This … Continue Reading

District Court Holds that Chemical Association has Standing to Declare Business Utilities Resolution Unconstitutional

On Monday, October 2, Judge Michael Caldwell of the Nineteenth Judicial District Court for the Parish of East Baton Rouge ruled that the Louisiana Chemical Association (the “LCA”) has standing to challenge the constitutionality of House Concurrent Resolution No. 8 (“HCR 8”). Specifically, the court found that the LCA is permitted to sue on behalf … Continue Reading

Lawsuit Challenges Constitutionality of Recent Louisiana Business Utilities Sales Tax

House Concurrent Resolution No. 8 (“HCR 8”) suspends certain tax exemptions on “business utilities” for the tax periods beginning on or after July 1, 2015 through August 5, 2016. Pursuant to HCR 8, businesses will pay a one percent (1%) sales and use tax on their purchases of utilities. The types of business utilities, as interpreted by … Continue Reading

Katie Friel Published in Bloomberg BNA Daily Tax Report on Polychim Decision

Katie Friel, a partner in the New Orleans office, published an article entitled “‘Polychim’ Puts Louisiana Corporate Franchise Tax Against the Ropes,” in the July 17, 2015 edition of Bloomberg BNA’s Daily Tax Report. In the article, Katie examines the Louisiana First Circuit Court of Appeal’s new ruling in Bridges v. Polychim USA, Inc., rejecting—as it … 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

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

Kim Robinson Quoted by Bloomberg BNA Regarding Voluntary Disclosure Agreements

Kim Robinson, a partner in Jones Walker’s Baton Rouge office, was quoted extensively in Bloomberg BNA’s Tax Management Weekly State Tax Report in the article Louisiana Department of Revenue Finalizes Rules for Voluntary Disclosure Agreements (article available with subscription).  Kim’s comments addressed the new rules promulgated by the Louisiana Department of Revenue regarding the state’s voluntary disclosure program.  … Continue Reading

Louisiana Department of Revenue Adopts/Amends Three Tax Regulations and Issues New Revenue Information Bulletin

On March 27th, the Louisiana Department of Revenue issued four policy statements for Louisiana taxpayers. Specifically, the Department has amended the following tax regulations: LAC 61:III.2103 – Voluntary Disclosure Agreements The Department’s voluntary disclosure agreement (VDA) regulation has been amended to clarify the meaning of the phrase “voluntary disclosure agreement” and to set forth the conditions under … Continue Reading
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