Tag Archives: Matt Mantle

New Jones Walker SALT Blog Series: Interplay of Louisiana Sales and Use Taxes – Part 1: Which Laws and Rules Apply? – Sales Tax or Use Tax?

By Matt Mantle and Cami Fergus on Posted in Judicial Decisions
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

Louisiana Due Process is No Longer in “Jeopardy!”: Louisiana Supreme Court Denies LDR Writ Application in Due Process/Personal Jurisdiction Case

By Matt Mantle on Posted in Judicial Decisions, Tax News, Tax Procedure
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

Louisiana Department of Revenue Extends April 25, 2020 Severance Tax Filing and Payment Deadline to June 25, 2020: Automatic Extension with No Penalties or Interest

By Matt Mantle and Andre Burvant on Posted in Administrative Pronouncements, Tax News, Tax Procedure
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

In Response to COVID-19, Alabama Department of Revenue Extends Deadlines to July 15, 2020 for Filing and Payment of Alabama Individual Income Tax, Corporate Income Tax, Financial Institution Excise Tax, and Business Privilege Tax

By Matt Mantle on Posted in Tax News, Tax Procedure
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

Louisiana Supreme Court “Deals” a Win to Wal-Mart.com and other Online Marketplaces

By Matt Mantle and Cami Fergus on Posted in Judicial Decisions, Tax News, Tax Procedure
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

Wal-Mart.com Oral Argument at Louisiana Supreme Court Now Set for September 4th

By Matt Mantle and Cami Fergus on Posted in Judicial Decisions
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

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

Louisiana Governor Issues Call for Second Special Session of 2018 to Address Fiscal Cliff

By Matt Mantle on Posted in Legislation, Tax News
Louisiana Governor John Bel Edwards (D) has now issued his anticipated call for a second special legislative session in 2018 (from May 22nd to June 4th).  This 14-day special session is meant to address a stated $648 million budget shortfall, commonly known as the “fiscal cliff.”  This will be the sixth special session called since January of … Continue Reading

Louisiana Governor Calls Special Legislative Session to Address Tax Issues and Looming “Fiscal Cliff”

By Matt Mantle on Posted in Legislation, Tax News
It’s now official.  Louisiana Governor Jon Bel Edwards (D) has finally released his Call for a special legislative session to begin February 19th and conclude March 7th.  The Call, released today, February 9, 2018, is intended to allow the Louisiana legislature to address the long-term issue of its current taxing and spending structure, as well as the … Continue Reading

Louisiana Governor Provides Draft of 2018 Tax & Budget Priorities to Address Looming Fiscal Cliff and Long-Term Tax Reform

By Matt Mantle and Jay Adams on Posted in Legislation, Tax News
Louisiana Governor John Bel Edwards (D) recently met with leaders from the Louisiana Legislature to discuss his draft 2018 Tax & Budget Priorities, including recommendations for how the State should address the long-term issue of its current taxing and spending structure, as well as the short-term issue of the $1 billion “fiscal cliff” looming in … Continue Reading

Tax Clearance Now Required for Louisiana State Sales Tax Resale Certificates and Approval of Certain State Procurement Contracts

By Matt Mantle on Posted in Legislation, Tax News, Tax Procedure
The Louisiana Department of Revenue has now issued formal guidance regarding the new requirement that taxpayers receive a Louisiana state tax clearance in order to obtain: (i) a new or renew an existing Louisiana state sales tax resale certificates; and (ii) approval of certain Louisiana state procurement contracts. Specifically, the Department has issued the following new Revenue … Continue Reading

Much Ado About Nothing: Louisiana’s 2017 Regular Session Legislative Wrap-Up

By Joe Landry and Matt Mantle on Posted in Legislation, Tax News
The Louisiana Legislature’s 2017 Regular Session has now concluded, and as previously reported, numerous tax measures were proposed.  Ultimately, however, much of the proposed legislation addressing long-term tax reform was largely rejected by the Legislature during the Regular Session, leaving questions currently unanswered as to how the state will ultimately address the long-term issue of … Continue Reading

Louisiana CAT Cannot Claw Its Way Out of Committee: Bill Voluntarily Deferred by Sponsor

By Bill Backstrom and Matt Mantle on Posted in Legislation, Tax News
The hotly contested new Commercial Activity Tax (“CAT”) proposal in Louisiana – H.B. 628 – may now have officially run out of lives. After hours of debate over two days of hearings in the Louisiana House Ways & Means Committee, Governor Edwards’ (D) proposed CAT was voluntarily deferred by the bill’s sponsor, Rep. Sam Jones.  … Continue Reading

Louisiana Governor’s Proposed Commercial Activity Tax (CAT) Bill Now Filed at Louisiana Legislature

By Matt Mantle on Posted in Legislation, Tax News
Louisiana Governor John Bel Edwards’ (D) administration has now filed its bill proposing to create a new Commercial Activity Tax (CAT) in Louisiana. A full copy of the filed original bill, HB 628 (authored by Representative Sam Jones), can be found here. According to the Governor’s previously released 2017 Budget Stabilization Plan, the proposed new … Continue Reading

Louisiana Governor Announces 2017 Budget Stabilization Plan

By Bill Backstrom and Matt Mantle on Posted in Legislation, Tax News
Standing on the edge of a $1.3 billion fiscal cliff, Governor John Bel Edwards (D‑La.) announced his 2017 Budget Stabilization Plan, which he intends to pursue during the 2017 Regular Session of the Louisiana Legislature beginning on April 10, 2017.  The Plan notes that Louisiana is operating under a broken, outdated system, “that just simply does … Continue Reading

Louisiana Discussing Possible New Gross Receipts Tax As Part of Upcoming 2017 Regular Legislative Session

By Matt Mantle and Bill Backstrom on Posted in Legislation, Tax News
Louisiana is at it again! Louisiana Governor John Bel Edwards and the Louisiana Department of Revenue are now seriously discussing and considering the recommendation of legislation to create a new gross receipts tax in Louisiana.  The Governor’s administration will likely be presenting this gross receipts tax option to the Louisiana Legislature as part of the … Continue Reading

Louisiana Governor Issues Call for Special Session

By Matt Mantle on Posted in Legislation
It’s official.  Louisiana Governor Jon Bel Edwards has now released his Call for a special legislative session to begin February 13th at 6:30 PM and conclude February 22nd at midnight.  The Call, released today, February 3, 2017, is intended to allow the Louisiana Legislature to plug a $304 million budget hole in the state’s FY … Continue Reading

Matt Mantle quoted in Bloomberg BNA regarding Louisiana law requiring parishes equal access to exemptions

By Jones Walker LLP on Posted in Judicial Decisions, Legislation, Tax News
State & Local Tax partner Matt Mantle was recently quoted in the Bloomberg BNA article “Louisiana Law Requires Parishes Equal Access to Exemptions,” regarding optional local-level exemptions in Louisiana and the recent Louisiana Supreme Court decision (Arrow Aviation Co, LLC v. St. Martin Parish, La., No. 2016-CA-1132, 12/6/16) addressing the issue of whether a pointed … Continue Reading

Louisiana Joins Fray in National Debate Over Online Remote Seller Sales Tax Nexus

By Matt Mantle and Bill Backstrom on Posted in Legislation, Tax News
Originally published by Tax Law360. Taxation by states of out-of-state online retail sales remains a hotly contested issue.  Louisiana is now part of that national sales tax nexus conversation. In March of 2016, during a special legislative session called by new Louisiana Governor John Bel Edwards (D) to address the State’s current budget shortfalls, the … Continue Reading

Louisiana Supreme Court to Hear Oral Arguments in Three Tax Cases in Back-to-Back Sessions on January 25th and 26th

By Matt Mantle on Posted in Judicial Decisions
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 Outlines Short-Term and Long-Term “Options” to Tackle Budget Gaps

By Matt Mantle on Posted in Legislation, Tax News
Newly elected Louisiana Governor John Bel Edwards recently outlined his short-term and long-term plans to close the $750 million budget gap in the current fiscal year and tackle the $1.9 billion gap in the upcoming fiscal year. The current fiscal year ends June 30. A full copy of the Governor’s plan showing short-term and long-term … Continue Reading
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