View Recent Blog Posts in State and Local Taxation

  • Louisiana Department of Revenue Issuing Arm’s Length Transfer Pricing Adjustments By Jaye Calhoun, Jason Brown, Willie Kolarik, Phyllis Sims, and Angela Adolph The Louisiana Department of Revenue (the “Department”) has joined the ranks of cash-strapped states looking to raise additional corporate tax revenue through scrutinizing transfer pricing and proposing adjustments.  In transfer pricing audits, the Department looks at transactions between related parties (having common ownership)... Continue Reading... ....
  • The Tax Cuts and Jobs Act (TCJA) Makes Significant Estate and Gift Tax Changes By Carey J. Messina and Kevin C. Curry On December 22, 2017, President Trump signed the Tax Cuts and Jobs Act (the “TCJA”). The TCJA enacts a number of important tax changes, including some significant changes to the federal gift tax and the federal estate tax that take effect in 2018. Specifically, the TCJA doubles... Continue Reading... ....
  • The Tax Cuts and Jobs Act (TCJA) and Its Impacts on Businesses and Individuals Overview On December 22, 2017, President Trump signed into law H.R.1, also known as the Tax Cuts and Jobs Act (the “TCJA”). The TCJA makes the most significant and sweeping changes to the federal taxation of business and individuals in more than a generation.  Due to the unusual speed with which the TCJA went through... Continue Reading... ....
  • Ballot Measure to Codify Longstanding Approach to CWIP By Angela W. Adolph Construction Work in Progress (“CWIP”) is generally recognized as property that is in the process of changing from one state to another, such as the conversion of personal property from inventory to asset or fixture by installation, assembly, or construction.  See Valuation of Machinery and Equipment Construction in Progress (CIP), Pollack... Continue Reading... ....
  • 2017 Louisiana Regular Legislative Session Ends on a Rather Anticlimactic Note By Jaye Calhoun, Phyllis Sims, Willie Kolarik, and McClain Schonekas Despite consideration of an Ohio-style gross receipts tax, a Michigan-style single business tax and various versions of flat taxes, the 2017 Regular Session of the Louisiana Legislature ended on June 8, 2017, without the enactment of any significant tax reform. Because the Legislature neglected to... Continue Reading... ....
  • It’s Time to Amend Operating Agreements as the Result of TEFRA Repeal By Jaye Calhoun and David Hamm It’s time to amend the governing documents of flow-through entities taxed as partnerships to address recent federal legislative changes impacting all such entities.  Failure to amend now could result in unfavorable tax consequences.  Section 1101 of The Bipartisan Budget Act of 2015 (the “BBA”) substantially changes how the Internal... Continue Reading... ....
  • Louisiana Governor Edwards’ Proposed Commercial Activity Tax Dies In House Ways and Means Committee By William J. Kolarik, II On April 25, 2017, State Representative Sam Jones requested that the Louisiana House Committee on Ways and Means voluntarily defer HB628, which would have imposed a commercial activity tax upon many business organizations doing business in Louisiana.  The Committee’s vote to voluntarily defer the bill means that the proposed commercial... Continue Reading... ....
  • Legislation Composing Governor Edwards’ Proposed Tax Reforms Filed in the Louisiana House of Representatives By William J. Kolarik, II On April 17, 2017, the legislation that composes the centerpiece of Governor Edwards’ proposed tax reforms was filed in the Louisiana House of Representatives.  House Bill 628, introduced by state Rep. Sam Jones, contains the legislation that would establish the commercial activity tax.  The Kean Miller State and Local Tax team... Continue Reading... ....
  • Governor Edwards Proposes Comprehensive Louisiana Tax Reform Package By Jaye A. Calhoun, Jason R. Brown, and William J. Kolarik, II On March 29, 2017, Louisiana Governor John Bel Edwards released the broad outlines of his Louisiana tax reform proposal (the “Tax Reform Proposal”), which he promoted as a comprehensive plan to stabilize Louisiana’s budget and avoid future mid-year budget cuts. The Governor’s plan... Continue Reading... ....
  • The “New” New Orleans Gallonage Tax – Yet Another Tax on Retailers? By Jill Gautreaux The City of New Orleans (“the City”) has amended and re-enacted a gallonage tax on alcoholic beverages of low and high alcoholic content. A “gallonage tax” is a tax on alcoholic beverages based upon the amount, calculated in gallons, of alcoholic beverages sold. The current ordinance became effective on January 1, 2017,... Continue Reading... ....