The Louisiana House sent HB 64 to the Senate for consideration. The bill would impose an 8% tax on the net revenue of fantasy sports contests. Louisiana has until its special session ends on June 30 to pass the bill, which would take effect immediately.
Louisiana
Louisiana Enacts Marketplace Facilitator Legislation and Issues Related Guidance
On June 11, Louisiana’s Governor signed SB 138 into law. The law, which takes effect July 1, will mandate sales tax collection and remittance by marketplace facilitators with either $100,000 of in-state sales or 200 in-state transactions. The law (now known as Act 216) excludes from its requirements third-party payment processors, derivatives clearing organizations,…
Louisiana Legislature passes Marketplace Collection Bill
On May 28, 2020, the Louisiana Legislature passed S.B. 138, which, if signed by the Governor, will require marketplace facilitators to collect and remit state and local sales and use taxes if they exceed an economic nexus threshold of $100,000 in sales or 200 transactions in the state in the current or previous calendar year.…
Louisiana Senate to Consider Marketplace Seller Identification Bill
Louisiana S.B. 476 has will be introduced for debate and vote in the state senate. The bill would require online marketplaces to obtain identifying information of “high-volume third-party sellers.” A third-party high-volume seller is a seller that makes 200 or more sales per year resulting in $5,000 or more in gross revenue. The required identifying…
Louisiana Proposes Marketplace Facilitator Bill
A Louisiana legislator has pre-filed S.B. 138 ahead of the legislative session beginning March 9. The bill would require marketplace facilitators to collect and remit sales and use tax if they have either $100,000 of in-state sales or 200 total in-state sales. A person can be a marketplace facilitator even if it does not receive…
Out at the Races: Louisiana Court of Appeal Issues Mixed Decision on Horse Racing Facility Owner’s Franchise Tax Audit Adjustments
On January 8, 2020, the Court of Appeal of Louisiana partly affirmed and partly reversed a district court’s rejection of the Louisiana Department of Revenue’s franchise tax audit changes for a taxpayer that owned and operated, through subsidiaries and an affiliate, casinos and horse-racing facilities. Following an audit, the Department made numerous adjustments to the…
Louisiana Residents Entitled to Claim Credit for Texas Franchise Tax Paid by Pass-Through Entities
The Louisiana Supreme Court ruled that residents who owned an S corporation and limited liability company were entitled to a credit against their Louisiana income tax liability for Texas franchise tax paid by the pass-through entities. In so holding, the Louisiana Supreme Court found that La. R.S. 47:33, which limits the credit for taxes paid…
Louisiana Court Limits Availability of Refund Procedure
The Louisiana Court of Appeal, First Circuit held that a taxpayer was not entitled to a refund of franchise tax under an interpretation of the franchise tax law by the Department of Revenue that was struck down in Utelcom, Inc. v. Bridges, 2010-0654 (La. App. 1 Cir. 9/12/2011); 77 So. 3d 39. In Bannister…
Louisiana DOR Proposed Unique–and Troubling–Addback Regulation
The Louisiana Department of Revenue has proposed a new regulation expansively interpreting Louisiana’s recently enacted related party expense addback statute.
- Earlier this year, Louisiana enacted a new statute requiring taxpayers to add back interest expenses, intangible expenses and management fees paid to related members, subject to certain exceptions.
- The Proposed Regulation seeks to adopt
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Louisiana’s “Quest” for Market-Based Sourcing Denied: Appellate Court Holds Medical Tests Performed in Texas Are Not Sourced to Louisiana
By Nick Kump and Scott Wright
The Louisiana Court of Appeal held that income derived from diagnostic testing of Louisiana patients’ blood samples and other medical specimens performed in Texas should be sourced to Texas for corporate income tax apportionment purposes. The taxpayer, which operates a multistate network of laboratories where it performs medically prescribed…