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- Businesses with Louisiana Worker Classification Concerns Should Consider Relief Provisions as New 1099-NEC Filing Requirements Go into Effect UPDATE – On February 15, 2023, the Louisiana Department of Revenue issued Revenue Information Bulletin ("RIB") No. 23-010 stating that qualifying businesses can submit an application under the Fresh Start Proper Worker Classification Initiative by sending an email to FreshStart.LDR@LA.GOV. RIB No. 23-010 also states that in order to qualify, the employer must have consistently... Continue Reading...
- Subscription Fees for Personal Electronic Storage Capacity are not Subject to Orleans Parish Sales Tax On January 12, 2023, the Louisiana Board of Tax Appeals (the "Board") granted a motion for partial summary judgment in Apple, Inc. v. Samuel, Dkt. No. L01283 (January 12, 2023) and held that the Internet Tax Freedom Act (the "ITFA") prohibited Orleans Parish from imposing sales tax on subscription fees paid for the use of... Continue Reading...
- Automatic Extension of Time for Filing Louisiana Income Tax, Corporate Income Tax and Franchise Tax Returns UPDATE – On January 20, 2023 the Louisiana Department of Revenue revised the proposed regulations. The revisions modify the previous Notice of Intent to amend the regulations relating to the new automatic extension. The revisions to the proposed rule no longer contain language requiring the Secretary to grant a "reasonable" extension because the statutory provisions... Continue Reading...
- DOJ's Decision Not to Appeal the Fifth Circuit's Decision in Trafigura Trading Creates Oil Export Tax Refund Opportunities and Uncertainty On Monday, October 24, the United States Department of Justice (the "DOJ") confirmed that it did not appeal the Court of Appeals for the Fifth Circuit's decision in Trafigura Trading LLC v. United States, No. 21-20127, 29 F.4th 286 (5th Cir. 2022). The Fifth Circuit invalidated the federal tax on domestic crude oil exported from... Continue Reading...
- Carrots, Sticks Abound in Inflation Reduction Act For traditional manufacturers, the Inflation Reduction Act of 2022 (IRA) offers a mixed bag of carrots and sticks to support its green energy goals. Signed by President Biden on Aug. 16, 2022, the bill includes numerous tax credits and other incentives promoting clean energy investment. One of the IRA's stated purposes is to incentivize and... Continue Reading...
- When to Challenge the Denial of an Interest Expense Deduction in Louisiana Louisiana Department of Revenue income tax auditors are increasingly proposing large assessments by misapplying a formula in a Department regulation (La. Admin. Code 61:I.1130(B); the "Regulation"). The Regulation is based on a statute designed to prevent deductions related to allocable and nontaxable income and contains a formula that purports to determine a percentage of a... Continue Reading...
- Property Taxpayers – New Legislation Means You Should Check Your Proposed Assessments Before the Deadline! The property tax "open rolls" period is here for Louisiana taxpayers. This annual inspection period is important in any year, but this year early and appropriate action is critical in light of recent legislation that affects the process of appealing a valuation determination by a parish assessor. The "open rolls" period in any Louisiana parish... Continue Reading...
- Louisiana Department of Revenue Announces A Transfer Pricing Managed Audit Program On October 28, 2021, the Louisiana Department of Revenue (the "Department") publicly announced a transfer pricing managed audit program in Revenue Information Bulletin No. 21-029 (October 26, 2021). Louisiana's program is similar to managed audit programs recently introduced in other states, such as Indiana and North Carolina. However, unlike some other states, Louisiana's managed audit... Continue Reading...
- IRS Grants Tax Relief to Victims of Hurricane Ida Victims of Hurricane Ida now have until January 3, 2022, to file various individual and business tax returns and make tax payments. The relief applies to taxpayers in any area designated by the Federal Emergency Management Agency (FEMA) as qualifying for individual or public assistance. Currently, this relief applies to the entire state of Louisiana... Continue Reading...
- Kean Miller Wins Important Louisiana Appellate Court Victory Striking Down Corporation Income Tax Regulation The Louisiana First Circuit Court of Appeal once again recognized the primacy of legislation as a source of law in the state and that the power to tax is reserved to the Legislature alone, not the Louisiana Department of Revenue (the "Department"). In Davis-Lynch Holding Co., Inc. v. Robinson, 2019-1574 (La. App. 1 Cir. 12/30/20),... Continue Reading...
