Louisiana 2023 Regular Session

Louisiana Senate Bill SB9

Introduced
2/8/23  
Introduced
2/8/23  
Refer
2/8/23  
Refer
2/8/23  
Refer
4/10/23  
Refer
4/10/23  
Report Pass
5/1/23  
Report Pass
5/1/23  
Engrossed
5/8/23  
Refer
5/9/23  
Refer
5/9/23  
Report Pass
5/23/23  
Report Pass
5/23/23  
Enrolled
6/6/23  
Enrolled
6/6/23  
Chaptered
6/27/23  
Passed
6/27/23  

Caption

Exempts certain real estate investment trusts from the corporate franchise tax. (gov sig) (EN DECREASE GF RV See Note)

Impact

The enactment of SB 9 is likely to have significant implications for taxation within the state. It will alter the framework of corporate taxation by creating exemptions for a specific class of limited liability companies involved in real estate investments. This change aims to encourage the influx of investments into the real estate market, especially in instances where tax-exempt organizations are involved. As a result, the state may potentially see a shift in its tax revenue structure, focusing on incentivizing investment over comprehensive taxation of these entities.

Summary

Senate Bill 9 is a legislative act aimed at amending the provisions related to the corporation franchise tax in Louisiana. Specifically, it seeks to exempt limited liability companies that elect to be taxed as real estate investment trusts (REITs) for federal purposes from the franchise tax, provided that one hundred percent of their shares are owned by a tax-exempt organization. The legislation intends to foster a more favorable tax environment for entities that meet these criteria, thereby promoting investment in real estate sectors that include contributions from tax-exempt organizations.

Sentiment

General sentiment surrounding SB 9 appears to be supportive among stakeholders in the real estate and investment communities, as it directly addresses their financial burdens concerning franchise taxation. Proponents may argue that such exemptions foster economic development and enhance the attractiveness of the state for REIT activities. However, concerns could arise from critics regarding the fairness of offering tax incentives to certain entities, which may lead to disparities in tax responsibilities among businesses operating in Louisiana.

Contention

Notable points of contention around SB 9 could include the debate about tax fairness and equity. While proponents argue that the bill will stimulate economic growth and serve public interests by promoting investment, opponents may express concerns regarding the potential loss of tax revenue for state programs as a result of these exemptions. The discussions around the bill may highlight a broader issue in how tax structures can favor specific industries or organizational types, invoking arguments about the appropriate balance between fostering growth and maintaining robust state funding.

Companion Bills

No companion bills found.

Previously Filed As

LA SB6

Provides for the suspension of the corporation franchise tax and initial corporation franchise tax for small business corporations. (Item #16) (gov sig) (EN -$7,500,000 GF RV See Note)

LA HB17

Suspends the corporation franchise tax levied on certain taxable capital and suspends the initial corporation franchise tax levied on certain entities (Item #16) (EG -$10,200,000 GF RV See Note)

LA HB253

Repeals the state tax levied on the net income of individuals and estates and trusts (OR DECREASE GF RV See Note)

LA HB68

Establishes an income or corporation franchise tax credit for certain broadband coverage providers (Item #31) (RE -$50,000,000 GF RV See Note)

LA HB578

Provides with respect to state and local sales and use taxes and exemptions to those taxes (EN DECREASE GF RV See Note)

LA SB24

Provides for eligibility for the Angel Investor Tax Credit for investments made in federal opportunity zones. (Item #19) (gov sig) (EN DECREASE GF RV See Note)

LA HB1932

To Amend Laws Concerning The Corporate Franchise Tax; To Repeal The Arkansas Corporate Franchise Tax Act Of 1979; And To Require An Annual Report For Corporations.

LA HB567

Provides for the tax treatment of S corporations and revises other provisions related to corporate income tax (EN DECREASE SD EX See Note)

LA HB1273

Relating To Taxation Of Real Estate Investment Trusts.

LA HB1273

Relating To Taxation Of Real Estate Investment Trusts.

Similar Bills

No similar bills found.