BSW Tax Blog

Federal and Louisiana Taxes

Monthly Archives: March 2013

Louisiana Tax Reform Proposal – Sales Tax Exemptions to be Eliminated

 

 

Category

Name

Tax   Exemption Budget #

Advertising

Sales of telephone directories   by advertising companies

44

Catalogs distributed in La.

145

Aircraft

Rental or purchase of airplanes   or airplane equipment and parts b Louisiana-domiciled commuter airlines

18

Certain aircraft assembled in   La. With a capacity of 50 people or more

41

Antique airplanes held by   private collectors and not used for commercial purposes

166

Aircraft/   Automobiles

Trucks, automobiles, and new   aircraft removed from inventory for use as demonstrators

104

Art

Admissions to museums

60

Sales of admission tickets by   Little Theater organizations

111

Rentals of motion-picture film   to commercial theaters

114

Sales of original one-of-a-kind   works of art sold in certain locations

153

Automobiles   Rented/ Owned

Adaptive driving equipment and   motor vehicle modification

105

New vehicles furnished b a   dealer for driver-education programs

131

Education

Certain educational materials   and equipment and parts  by   Louisiana-domiciled commuter airlines

20

Purchases by regionally   accredited independent educational institutions

25

Purchases by a private   post-secondary academic degree-granting institution

50

General   Business

Purchases, services, and   rentals for construction of sewerage or wastewater treatment facility

3

Purchases of consumable by   paper and wood manufacturers and loggers

9

Purchases of school buses by   independent operators

38

Use tax on residue of   by-products consumed by the producer

83

Advertising services

84

Additional tax levy on   contracts entered into prior to and within 90 days of tax levy

116

Raw materials used in the   printing process

142

Sales of railroad ties to   railroads for use in other states

149

Purchase of certain water   conservation equipment for use in the Sparta Groundwater Conservation   District

156

Certain interchangeable   components; optional method to determine

167

Cash-basis sales tax reporting   and remitting for health and fitness club membership contracts

169

Collection from interstate and   foreign transportation dealers

171

General   Public

Installation charges on   tangible personal property

5

Annual La. sales tax holiday

152

Hurricane preparedness La.   sales tax holiday

154

Second Amendment sales tax   holiday

157

Homes

Purchases of storm shutter   devices

52

Used manufactured homes and 54%   of cost of new manufactured homes

71

Certain digital television and   digital radio conversion equipment

73

Cable television installation   and repair services

124

Extended time to register   mobile homes

172

Materials used in construction,   restoration, or renovation of housing in designated areas

178

Mardi   Gras

Specialty Mardi Gras items   sold  certain organizations

58

Specialty Mardi Gras items   purchased or sold by certain organizations

138

Non-Profit/   Religious

Sales and rentals to Boys State   of La., Inc. and Girls State of La., Inc.

21

Outside gate admissions and   parking fees at fairs, festivals, and expositions sponsored by nonprofit   organizations

126

Construction materials and   operating supplies for certain nonprofit retirement centers

133

Tickets to dance, drama, or   performing arts presentations b certain nonprofit organizations

140

Purchases b and sales by   certain nonprofit organizations dedicated to the conservation of fish and   migratory waterfowl

141

Sales of construction materials   to habitat for humanity

155

Purchases of construction   materials by Hands on New Orleans and Rebuilding Together New Orleans   Covenant partners

160

Purchases by the Fore!kids   Foundation

163

Purchases of construction   materials by the Make it Right Foundation

165

Sales tax collected by a qualified   charitable institutions

180

Room rentals at certain   homeless shelters

15

Qualifying events providing La.   heritage, culture, crafts, art, food and music sponsored by domestic   nonprofit organizations

55

Oil/   Gas

Lease or rental of certain   vessels in mineral production

127

Sales of gasohol

132

Installation of board roads to   oil-field operators

6

Property used in the   manufacture, production, or extraction of unblended diesel

23

Pollution control devices and   systems

40

Alternate substance used as a   fuel

47

Natural gas held, used, or   consumed  in providing natural gas   storage services or operating natural gas storage facilities

49

Sales of anthropogenic carbon   dioxide used in qualified tertiary recovery projects

54

Precious   Metals

Coin bullion with a value of   $1,000 or more

67

Racetracks/   Racehorses

Purchases by off-track wagering   facilities

1

Purchase b Pari-Mutuels   Racetracks

2

Racehorses claimed at races in   La.

92

Recreational   Vehicles/ Vessels

Boats, vessels, and other watercraft   as demonstrators

89

Purchase of off-road vehicles   by certain buyers domiciled in another state

90

Retail/   Sales

Purchases of certain custom   computer software

72

Receipts from coin-operated   washing and drying machines in commercial Laundromats

125

Purchases and sales b Ducks   Unlimited and Bass Life

139

Credit for costs to reprogram   cash registers

175

Sales through coin operated   vending machines

31

Seafood/   Fishing

Purchases of supplies, fuels,   and repair services for boats used by commercial fishermen

128

Telecommunications

Sales of cellular telephone and   electronic accessories

45

Interstate telecommunications   services purchased by defined call centers

64

Telecommunications services   through coin-operated telephones

65

Miscellaneous telecommunication   services

66

 

Louisiana Tax Reform Proposal – Sales Tax Exemptions Maintained

 

 

Category

Name

Tax   Exemption Budget #

Agriculture

Sales   of raw agricultural products

35

Pharmaceuticals   administered to livestock for agricultural purposes

70

Sales   farm products direct from the farm

91

Farm   products produced and used by the farmers

96

Sales   of fertilizers and containers to farmers

101

Sales   of seeds for planting crops

110

Sale   of polyroll tubing

158

Automobile Dealers

Manufacturers   rebates on new motor vehicles

7

Manufactures   rebates paid directly to a dealer

8

Credit   for use tax paid on automobiles imported by certain members of the armed   services

185

Use   of vehicles in La. by active military personnel

186

Automobiles   Rented/ Owned

Vehicle   rentals for re-rent to warranty customers

22

Sales   of motor vehicles to be leased or rented by qualified lessors

134

Construction/   Repairs

Repair   services performed in La. when the repaired property is exported.

62

Other   constructions permanently attached to the ground

76

Disabled

Sales   or purchases by blind persons operating small businesses

122

Purchases   by certain organizations that promote training for the blind

123

Purchase   of vehicles modified for use by an orthopedically disabled person

164

Fishing/Seafood

Materials   used in the production of harvesting of crawfish

94

Materials   used in the production or harvesting of catfish

95

Certain   seafood processing facilities

129

Fuel   Subject to Excise Tax

Sale   of gasoline, gasohol, and diesel

182

General Business

Work   product of certain professionals

69

Fees   paid by radio and television broadcasters for the rights to broadcast film,   video, and tapes

107

Vendor’s   compensation (Amended and Capped)

174

Sales   tax remitted on bad debts from credit sales

176

General Public

Sale   of newspapers

81

Purchase   of breastfeeding items

162

La.   Tax Free Shopping program

181

Purchases   made with WIC vouchers and food stamps

183

Credit   for sales and use taxes paid to other states on property imported into La.

184

Sale   of food for preparation and consumption in the home

187

Government

Sales   by state-owned domed stadiums

87

Sales   by certain publicly-owned by certain publicly-owned facilities

88

Governmental   Purchases

Purchases   of equipment by bona fide volunteer and public fire department

43

Purchases   by state and local governments

26

Sales   to the United States Government and its agencies

36

Manufacturing

Leases   or rentals of pallets used in packaging products produced by a manufacturer

24

Manufacturing Machinery and Equipment

Purchases   of manufacturing machinery and equipment.

11

Purchase   of certain machinery and equipment used to produce a new publication

12

First   $50,000 of new farm equipment used in poultry production

57

Purchases   by motor vehicle manufacturers

77

Purchases   by glass manufacturers

78

Purchases   of machinery and equipment by owners of certain radio stations

79

Purchases   of machinery and equipment by certain utilities

80

Medical

Purchases   and leases by free hospitals

19

Sales   of human-tissue transplants

34

Materials   used in collection of blood

74

Apheresis   kits and leuko reduction filters

75

Pharmaceutical   samples distributed in La.

144

Sickle   cell disease organization

151

Purchase,   lease or repair of certain capital equipment and computer software of   qualifying radiation therapy treatment centers

159

Medical/   Prescription Drugs

Purchases   and leases of durable medical equipment paid by or under provisions of   Medicare

179

Drugs   prescribed by physicians or dentists

191

Military

Sales   of TPP by the Louisiana Military Department

53

Sales   by thrift shops on military installations

119

Nonprofit/Education

Donations   to certain schools and food banks from resale inventory

82

Sales   of food by certain institutions

106

Admissions   to entertainment by domestic nonprofit charitable, educational, and religious   organizations

117

Sales   of TPP at or admission to events sponsored by certain nonprofit groups

118

Sales   of newspapers by religious organizations

120

Sales   to nonprofit literacy organizations

121

Room   rentals at camp and retreat facilities owned by IRC 501(c)(3) organizations

14

Certain   educational materials and equipment used for class room instruction

20

Purchases   by nonprofit entities that sell donated goods

29

Sales   of food items by youth organizations

37

TPP   sold to food banks

39

Purchases   of food items for school lunch or breakfast programs by nonprofit elementary   or secondary schools

51

Admission   to athletic or entertainment events by elementary and secondary education   institutions and membership dues to certain nonprofit, civic

59

Admissions   to places of amusement at camp or retreat facilities

61

Non-Profit/Religious

Donation   of toys

48

Tickets   to musical performance by nonprofit musical organizations, educational, and   religious organizations

112

Non-Residential Utilities

Purchase   of electric power and natural gas by paper or wood products manufacturing   facilities

13

Natural   gas used in the production of iron

32

Electricity   for clor-alkali manufacturing process

33

Pelletized   paper waste used in a permitted boiler

42

Purchases   by nonprofit electric cooperatives

85

Sales   of water- nonresidential

99

Sales   of electric power or energy – nonresidential

100

Sales   of natural gas – nonresidential

102

Materials   and energy sources used for boiler fuel

103

Utilities   used by steelworks and blast furnaces

150

Sales   of steam – nonresidential

98

Oil/Gas

Rental   of leases of certain oil-field property to be released or re-rented

16

Repairs,   renovations or conversions of drilling rigs

63

Certain   geophysical survey information and data analyses

68

Repairs   and materials used on drilling rigs and equipment

108

Helicopters   leased for use in the extraction, production, or exploration for oil, gas or   other minerals

168

Sales   or “cost price” of refinery gas

173

Racetracks/Racehorses

Feed   and feed additives for animals held for business purposes

93

Railroads

Leases   or rentals of railroad rolling stock and lease or rentals by railway   companies and railroad corporations

10

Piggyback   trailers or containers and rolling stock

143

Rail   rolling stock sold or leased in La.

148

Residential   Utilities

Purchases   of fuel or gas by residential consumers

46

Purchases   of certain fuels for private residential consumption

137

Sales   of electric power of energy to the consumer for residential use

188

Sales   of natural gas to the consumer for residential use

189

Sales   of water to the consumer for residential use

190

Tangible Personal Property

Purchase   of TTP for lease or rental

30

Articles   traded in on TPP

56

Property   purchased for exclusive use outside the state

115

Transportation/ Large Vessels & Trucks

Certain   trucks and trailers used 80% in interstate commerce

146

Certain   contract carrier buses used 80% in interstate commerce

147

Sales   of 50-ton vessels and new component parts and sales of certain materials and   services to vessels operating in interstate commerce

109

Isolated   occasional sales of tangible personal property

4

 

Louisiana Tax Reform Proposal

Cassidy photoDavid Cassidy, Partner

David.Cassidy@bswllp.com

 

 

 

2010 Low Res BW NFG PhotoCropped

Nicole Gould, Of Counsel

Nicole.Gould@bswllp.com

Louisiana Tax Alert

Tim Barfield , Executive Counsel to the Louisiana Department of Revenue, , provided a draft of Governor Jindal’s tax reform bill to the Louisiana House Ways and Means Committee on March 19, 2019.  The bill is scheduled to be introduced in the Legislative Session which opens April 8.The bill is already receiving opposition from parties ranging from various advocacy groups, local governments, business leagues, and religious leaders so it is unlikely that the bill will make it through in its present form, if it makes it all. (Indeed the opposition to the bill is so strong at this point that there is already talk about the Governor convening a special session to take up tax reform.)  We will update you as changes occur. The purpose of this bulletin is to alert you of the proposed tax changes so that you may anticipate how the bill may affect you and your business.    The proposed changes are to:

  1. Repeal individual income tax which represents a significant portion of the state’s revenue.
  2. Repeal the  corporate income and franchise tax.  This change is presently in HB 178, but the Administration’s version is coming.
  3. Increase the state sales and use tax rate from 4% to 5.88%.
  4. Broaden the state (but not the local) sales and use tax to include services which are not currently taxed., “Service” is defined as “all activities engaged in for other person, natural or juridical, for a fee, retainer, commission, or other monetary charge or consideration, which involve predominantly the performance of a service as distinguished from the selling of property.”
  5. Repeal certain sales and use tax exemptions.

To determine the impact of the Governor’s proposal you should consider every transaction you or your business enter into. If any transaction is not among the exempt transactions set out below then, you will be required to pay or collect and remit tax on those services and transactions.  Under the draft bill, a service is taxable even if that service was not the principal reason for you entering into a transaction.

Proposed Taxable Services:

All Services, unless specifically exempted, are taxable; however the administration has a “target” list of services to be taxed.

 

Mining

213113+ Support services for other   mining

Transportation

Transit and ground passenger   transportation services
487 + 488 Scenic and sightseeing   transportation services and support activities for transportation
492 Couriers and messengers   services

Professional   Services

5412 Accounting, tax preparation,   bookkeeping, and payroll services
5413 Architectural, engineering, and   related services
5414 Specialized design services
541511 Custom computer programming   services
541512 Computer systems design   services
541513 Other computer related   services, including facilities management
54161 Management, scientific, and   technical consulting services
54162+9 Environmental and other   technical consulting services
5417 Scientific research and   development services
Advertising related services
54192 Photographic Services
54194 Veterinary services
54199 All other miscellaneous   professional, scientific, and technical services

Business   Services

5613 Employment services
5615 Travel arrangement and   reservation services
5611 Office administrative services
5612 Facilities support services
5614 Business support services
5616 Investigation and security   services
5617 Services to buildings and   dwellings
5619 Other support services
562 Waste management and   remediation services

Information

5152 Cable and other subscription   services
518 Data processing-hosting ISP-web   search portals
519 Other information services

Financial   Services

52429 Insurance related support   services

Entertainment

7111 Performing arts
7113 Promotional services for   performing arts and sports and public figures
7115 Independent artists, writers,   and performers
712 Museum, heritage, zoo, and   recreational services

Personal   Services

8121 Personal care services
8129 Other personal services

Proposed Nontaxable Services:

 

(1)               Services already taxed will not be subject to the state’s 5.88% rate , but will instead to continue to be taxed at the old state rate, 4%, and local sales tax rate.  Therefore, the following are exempt from the additional tax under the proposal:

  1. Furnishing of hotel rooms,
  2. Sale of admissions to certain events,
  3. Furnishing parking facilities,
  4. Certain printing services,
  5. The furnishing of cleaning or storage services for clothes, furs, rugs, and the like,
  6. Furnishing of cold storage, and,
  7. Repairing tangible personal property:

(2)               Services performed by an employee for his employer are not taxable.

(3)               Services performed directly for the state, a political subdivision of the state, the United States government, or the agencies of the United States government are not taxable.

(4)               Purchases and resales of advertising time or space from media outlets.

(5)               The following services enumerated in the North American Industrial Classification System, 2007, as prepared by the Statistical Policy Division of the Office of Management and Budget, Office of the President shall be exempt from the tax levied and imposed by this Chapter:

(a)    Industry 23112 Support Activities for Oil and Gas Operations.

(b)   Sector 22 Utilities.

(c)    Sector 23 Construction.

(d)   Subsector 481 Air Transportation.

(e)    Subsector 482 Rail Transportation.

(f)    Subsector 483 Water Transportation.

(g)   Subsector 484 Truck Transportation.

(h)   Subsector 486 Pipeline Transportation.

(i)     Subsector 491 Postal Service.

(j)     Industry 51913 Internet Publishing and Broadcasting and Web Search Portals.

(k)   Sector 52 Finance and Insurance, except Industry Group 5242 Agencies, Brokerages and Other Insurance Related Activities.

(l)     Subsector 531 Real Estate, except Industry 53113 Lessors of Miniwarehouses and Self-Storage Units and Industry 531130 Lessors of Miniwarehouses and Self-Storage Units.

(m) Industry Group 5411 Legal Services.

(n)   Sector 55 Management of Companies and Enterprises.

(o)   Sector 61 Educational Services.

(p)   Sector 62 Health Care and Social Assistance.

(q)   Industry Group 8122 Death Care Services.

(r)     Industry Group 8131 Religious Organizations.

(s)    Industry Group 8132 Grantmaking and Giving Services.

(t)     Industry Group 8133 Social Advocacy Organizations.

(u)   Industry Group 8134 Civic and Social Organizations.

(v)   Industry Group 8139 Business, Professional, Labor, Political, and Similar Organizations.

Kids’ Investment Income Is Taxable, But Where?

Tax Rules for Children Who Have Investment Income

IRS Tax Tip 2013-38, March 21, 2013

Some children receive investment income and are required to file a federal tax return. If a child cannot file his or her own tax return for any reason, such as age, the child’s parent or guardian is responsible for filing a return on the child’s behalf.

There are special tax rules that affect how parents report a child’s investment income. Some parents can include their child’s investment income on their tax return. Other children may have to file their own tax return.

Here are four facts from the IRS about the taxability of your child’s investment income.
1.Investment income normally includes interest, dividends, capital gains and other unearned income, such as from a trust.

2.Special rules apply if your child’s total investment income is more than $1,900. The parent’s tax rate may apply to part of that income instead of the child’s tax rate.

3.If your child’s total interest and dividend income is less than $9,500, you may be able to include the income on your tax return. See Form 8814, Parents’ Election to Report Child’s Interest and Dividends. If you make this choice, the child does not file a return.

4.Your child must file their own tax return if they received investment income of $9,500 or more. File Form 8615, Tax for Certain Children Who Have Investment Income of More Than $1,900, with the child’s federal tax return.

For more information on this topic, see Publication 929, Tax Rules for Children and Dependents. This booklet and Forms 8615 and 8814 are available at IRS.gov. You may also have them mailed to you by calling 800-TAX-FORM (800-829-3676).