Louisiana 2020 Regular Session

Louisiana House Bill HB429

Introduced
2/27/20  
Introduced
2/27/20  
Refer
2/27/20  
Refer
2/27/20  

Caption

(Constitutional Amendment) Authorizes a commission for remote sellers to remit local sales and use taxes to local tax collectors (OR SEE FISC NOTE SG EX)

Impact

If passed, HB 429 would significantly alter the landscape of how local sales and use taxes are collected in Louisiana, particularly with respect to interstate commerce. It would enable remote sellers to remit taxes through a commissioner designated by the Department of Revenue. This change is intended to ensure that local entities can efficiently collect taxes owed on remote sales, which could lead to increased revenue for local governments. However, it may require adjustments in the current tax collection framework, necessitating compliance from both sellers and local tax authorities.

Summary

House Bill 429 proposes a constitutional amendment that authorizes a commission for remote sellers to remit local sales and use taxes directly to local tax collectors. This legislation aims to streamline the tax collection process for remote transactions, which have become increasingly prevalent in the digital economy. By defining a 'commission for remote sellers,' the bill facilitates a system by which sellers can comply with tax obligations without facing undue administrative burdens. The proposed amendment would allow this mechanism to take effect in accordance with Article VII, Section 3 of the Louisiana Constitution, thereby impacting tax administration practices at the state and local levels.

Sentiment

Overall, the sentiment surrounding HB 429 appears to be largely positive among its supporters, who argue that the amendment reflects the realities of modern commerce and alleviates some of the complexities associated with interstate tax compliance. Advocates emphasize the need for a fair and equitable tax system that accounts for remote sales. Conversely, concerns have been raised about potential burdens on administrative processes and the implications for local control over tax collection, leading to a dual narrative about the balance of efficiency versus local authority in tax matters.

Contention

Notably, the bill has sparked discussions about the potential challenges in implementation, particularly concerning how a commission for remote sellers will operate and the costs associated with such a framework. Critics argue that having a centralized commission could complicate the local tax structure and obscure revenue flows to communities. This contention reflects a broader dialogue on the importance of local control, especially in fiscal matters, and how best to adapt existing frameworks to accommodate the rise of e-commerce.

Companion Bills

No companion bills found.

Previously Filed As

LA SB112

Authorizes a deduction as compensation for certain dealers and remote sellers that collect and remit sales and use taxes. (7/1/25) (EN DECREASE LF RV See Note)

LA HB14

(Constitutional Amendment) Authorizes the legislature to provide by law for the collection of sales and use taxes levied within the state (Item #27) (EG SEE FISC NOTE SG EX See Note)

LA HB658

Provides for centralized collection of local sales and use taxes by the Dept. of Revenue (OR +$10,674,073 SG EX See Note)

LA HB523

Provides for the payment of vendor's compensation for the timely collection and remittance of state and local sales taxes (EG1 DECREASE LF RV See Note)

LA HB38

(Constitutional Amendment) To authorize local taxing authorities to enter into cooperative endeavor agreements for the purpose of payments in lieu of taxes (Item #28) (OR SEE FISC NOTE LF RV See Note)

LA HB374

Includes accommodations intermediaries within the definition of a marketplace facilitator for purposes of collection and remittance of sales and use taxes on remote sales (EN +$350,000 OF EX See Note)

LA HB620

(Constitutional Amendment) Authorizes the legislature to provide by law for the collection of all sales and use taxes imposed by any taxing authority in the state (OR SEE FISC NOTE GF RV)

LA SB0047

Sales and Use Tax Remittance Amendments

LA SB162

Provides relative to the collection and administration of sales and use taxes. (gov sig) (EN SEE FISC NOTE SD EX See Note)

LA HB156

(Constitutional Amendment) Provides relative to severance tax revenues remitted to parishes in which the associated severance occurs (OR1 SEE FISC NOTE GF RV)

Similar Bills

LA HB472

(Constitutional Amendment) Revises Article VII of the Constitution of La. (OR -$139,000,000 GF RV See Note)

NJ ACR123

Proposes temporary constitutional amendment allowing State constitutional convention convened to reform system of property taxation to propose statutory changes.

NJ SCR75

Proposes temporary constitutional amendment allowing State constitutional convention convened to reform system of property taxation to propose statutory changes.

NJ SCR43

Proposes constitutional amendment authorizing Legislature to invalidate certain court decisions.

LA HB244

(Constitutional Amendment) Provides for the election of constitutional convention delegates and vote requirements necessary for the adoption of a new constitution (RR SEE FISC NOTE GF EX)

LA HB678

(Constitutional Amendment) Modifies disposition of certain state revenues through repeal of the Revenue Stabilization Trust Fund and deposits of certain revenue streams into the Budget Stabilization Fund (RRF INCREASE GF RV See Note)

LA HB473

(Constitutional Amendment) Provides relative to the application of state monies to the unfunded accrued liability of the Teachers' Retirement System of La. (EN DECREASE SD RV See Note)

HI SB1225

Proposing An Amendment To Article Xvii, Section 3 Of The Hawaii Constitution To Specify That The Standard For Voter Approval Of A Constitutional Amendment Proposed By The Legislature Is A Majority Of All The Votes Tallied Upon The Question.