Policy Documents : Corporate Income and Franchise Taxes

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Statement of Acquiescence and Non-Acquiescence

Statements of Acquiescence or Non-Acquiescence (SA/SNA) are a type of declaratory ruling issued to announce the department’s acceptance or rejection of specific unfavorable court or administrative decisions. A SA/SNA is binding on the department unless superseded by a later SA/SNA, declaratory ruling, rule, statute, or court case.

Number Title Date Issued
05-001 Interest Expense - Ampacet Corporation v. Cynthia Bridges, Secretary of the Department of Revenue, BTA Docket No. 4975 (Sept. 27, 2004) 06/02/2005
04-002 Definition of Inventory for Inventory Tax Credit Purposes – Southlake Development Company v. Secretary of the Department of Revenue and Taxation, 745 So.2d 203 (La. App. 1st Cir. 1999) 09/02/2004
04-001 Capitalized Lease Obligations in the Franchise Tax Base - Entergy La., Inc. v. Kennedy, 03-0166 (La.App. 1 Cir, 7/2/03), writ denied, 03-2201 (La. 11/14/03), 859 So.2s 74 03/30/2004
01-001 Act 690 of 1993 Related Interest Assessments, Ouachita Coca-Cola Bottling, Co., Inc. v. Secretary, Department of Revenue, B.T.A. Docket No. 5382 10/29/2001

Revenue Information Bulletins

Revenue Information Bulletins (RIB) are informal statements of information issued for the public and employees of the Louisiana Department of Revenue that are general in nature. RIBs are used to announce general information that the department believes to be useful in complying with the laws administered.

Number Title Date Issued
14-007 Louisiana Rehabilitation of Historic Structures Tax Credit 02/26/2014
14-006 Solar Powered Air Conditioning or Heating Units 01/10/2014
14-005 Louisiana Tax Credit Registry 12/30/2013
13-029 Electronic Filing Extensions for Composite Returns 12/02/2013
13-026 Solar Energy Systems Tax Credit 09/24/2013
13-023 Changes to the Alternative Fuel Tax Credit Brought About by Acts 219 and 427 09/12/2013
13-022 Historic Rehabilitation Tax Credit Changes 09/11/2013
13-013 Solar Energy Systems Tax Credit and Component Compliance with the American Recovery and Reinvestment Act of 2009 07/01/2013
13-010 Research and Development Tax Credit Changes 02/07/2013
13-009 Deadline for Exempt Organizations to File Returns Claiming UBTI 01/30/2013
13-006 Application of R.S. 47:605.1 01/16/2013
12-030 Claiming the Credit for Louisiana Citizens Property Insurance Corporation Assessments 11/08/2012
12-029 Tax Relief to Individuals and Businesses Affected by Hurricane Isaac 09/12/2012
12-026 Amended Frequently Asked Questions Relating to the Emergency Rule on Alternative Fuel Credit 05/04/2012
12-025 Frequently Asked Questions Relating to the Emergency Rule on Alternative Fuel Credit 05/03/2012
12-023 Corporation Income and Franchise Tax Filing Extensions 04/13/2012
12-022 Repeal of Revenue Information Bulletin No. 09-055 04/13/2012
12-017 Changes to the Digital Interactive Media and Software Tax Credit 03/26/2012
12-009 Angel Investor Tax Credit, Application of R.S. 47:6020 01/04/2012
10-027 Request to Notify Taxpayers and their Representatives about the Port of Louisiana Import Export Cargo Credit 11/09/2010
10-026 Request to Notify Taxpayers and their Representatives about the Port of Louisiana Investor Tax Credit 11/09/2010
10-024 Temporary Suspension of PLR Service 10/01/2010
10-023 Concerning Act 520 of the 2009 Regular Session of the Legislature that Created a Credit for “Green Job Industries” 10/07/2010
10-022 Concerning the Fee Imposed for the Transfer of Motion Picture Tax Credits, and the Requirement that Transferees Pay the Fee Prior to Claiming the Credits on Tax Returns (10/4/2010) 10/04/2010
10-009 Transfer of Tax Credits Certified by Other State Agencies 02/01/2010
09-055 Corporation Income and Franchise Tax Filing Extensions 12/18/2009
09-054 Minimum Franchise Tax Repealed; $10 Initial Franchise Tax Imposed on New Corporations 12/07/2009
09-046 Changes to the General Credits Provision 10/15/2009
09-044 New Markets Tax Credit Available December 2009 10/15/2009
09-042 Live Performance Income Tax Credit Changes 10/15/2009
09-041 Motion Picture Investor Tax Credit Changes 10/15/2009
09-039 Act 454 Changes to the Digital Interactive Media Tax Credit 10/15/2009
09-038 Historic Rehabilitation Tax Credit Changes 10/15/2009
09-029 Tax Credit for Conversion of Vehicles to Alternative Fuel Usage 12/18/2009
09-027 Act 467 Expands the Wind or Solar Energy Systems Tax Credit 09/28/2009
09-026 Sugarcane Trailer Tax Credit in Effect for 2009 Tax Year 09/23/2009
09-023 Sound Recording Tax Credit Changes 10/15/2009
09-020 Research and Development Tax Credit Changes 10/26/2009
09-009 Deadline for Exempt Organizations to File Returns Claiming UBTI 02/25/2009
09-006 2009 New Markets Tax Credit Cap Reached 01/29/2009
08-035 New Markets Tax Credit Application for 2009 12/29/2008
08-033 Twenty-Five Million Dollar Cap Reached 10/10/2008
08-031 Filing and Payment Extensions Following Hurricane Ike 09/18/2008
08-024 Filing and Payment Extensions Following Hurricane Gustav 09/08/2008
08-014 Timeline for Filing Tax Returns For Milk Producers Tax Credit 04/11/2008
08-011 The Nature of State Tax Credit Refunds 05/28/2008
08-008 Federal Economic Stimulus Act Provides Tax Benefits to Businesses 05/06/2008
08-006 Fifty Million Dollar Cap Reached 01/29/2008
07-031 State Filing Deadline Extended for Jefferson, Orleans and St. Martin Parishes 10/10/2007
07-025 Effective Date of the Wind Energy System or Solar Energy System Tax Credit 09/13/2007
07-010 Implications of the Corporation Income Tax Exemptions for Dividends and Interest 03/23/2007
07-008 Louisiana Adopts IRS Filing and Payment Extensions for Parishes Affected by February Tornados 03/08/2007
07-006 Corporations and Exempt Organizations Claiming the Credit for the Louisiana Citizens Property Insurance Corporation Assessments Paid in 2006 01/17/2006
06-036 Documentation Required for Ad Valorem Tax Payment Credits on Inventory 12/13/2006
06-034 Computing the Federal Income Tax Deduction on 2005 Tax Returns 10/16/2006
06-031 P.L. 86-272 Not Applicable to Solicitation for Sales of Services 08/18/2006
06-026 Reclassifications Required for the Franchise Tax Return 06/27/2006
06-020 Louisiana Economic Development Adopts Final Rule on the Angel Investor Credit 03/10/2006
06-016 Certain 2006 Ad Valorem Tax Payments Treated as Made December 31, 2005 02/24/2006
06-015 Withholding on Non-Employee Compensation by Nonresident Contractors 02/24/2006
06-014-A Revenue Information Bulletin No. 06-014-A—Interest Waiver and Filing Extensions Following Disasters 02/24/2006
06-009 Federal Disaster Relief Credits 01/20/2006
06-004 Motion Picture Infrastructure Tax Credit 01/03/2006
06-002 Downtown Development District Historic Structure Rehabilitation Tax Credit 02/28/2008
05-036 Inventory Tax Credit in Certain Disaster Areas 12/20/2005
05-026 Application of R.S. 47:605.1 10/12/2005
05-021 Interest Calculation Involving Net Operating Loss Carrybacks 09/29/2005
05-019 Income From Tobacco Settlement Financing Bonds 09/15/2005
05-018 Louisiana Income Tax Treatment of IRS Relief for Disaster Victims 09/21/2005
05-005 Motion Picture Employment Tax Credit: Responsibilities of Employers and Employees 02/16/2005
05-004 Motion Picture Investor Tax Credit: Transfer Fee 02/16/2005
05-001 Claiming the Motion Picture Investment Tax Credit 01/14/2005
04-023 S Corporation Filing Requirements 12/01/2004
04-022 Motion Picture Incentive Tax Credits: Transferability and Application 09/22/2004
04-018 Franchise Tax Debt v. Equity – Application of R.S. 47:605.1 07/06/2004
04-009 Calculation of Refund Interest 03/30/2004
04-003 Filing Requirements for Single Member LLCs and Qsubs 01/08/2004
03-018 Policy and Procedure Memoranda Repealed 12/17/2003
03-015 Limited Liability Companies Not Subject to Franchise Tax 08/27/2003
01-002 PPMs to be Repealed 05/18/2001

Redacted Private Letters

Redacted Private Letter Rulings (Redacted PLR) are a type of declaratory ruling that is written to provide guidance to a specific taxpayer at the taxpayer’s request. Although Private Letter Rulings (PLR) formally apply to only the taxpayers to whom the letters are addressed, the department recognizes that the information in such rulings might be useful as a guide to how the department might apply the law to other situations of facts identical or essentially similar to those described in the PLR. The Private Letter Ruling is “redacted” – all taxpayer identifying information has been removed and any other measures needed to protect taxpayer confidentiality.

Number Title Date Issued
10-018 Concerning Whether a Corporation Organized Exclusively to Provide Benefits as a Prescription Drug Plan Under the Federal Government’s Medicare Part D Program Is Subject to Corporation Franchise Tax (10/14/2010) 10/14/2010
10-016 Clarification Concerning the Solar Energy Systems Tax Credit 09/14/2010
09-018 Qualification for the Solar Energy Systems Tax Credit 10/06/2009
09-010 Musical and Theatrical Production Tax Credit 02/13/2009
08-023 Credit for the Rehabilitation of Historic Structures in Downtown Development Districts 11/05/2008
08-022 Motion Picture Infrastructure Credit 10/28/2008
08-017 Historic Rehabilitation Credit 10/06/2008
08-007 Whether or Not a Member of an Affiliated Group will be Subject to Louisiana Corporation Income or Franchise Taxes 03/27/2008
07-017 Credit for the Rehabilitation of Historic Structures in Downtown Development Districts 11/08/2007
07-001 Motion Picture Investor Tax Credit as Currently Amended 02/05/2007
06-001 Historic Rehabilitation Tax Credit Earned by a Downtown Development District 01/18/2006
05-015 Franchise Tax Liability of Limited Liability Companies 02/09/2006
05-014 Louisiana Net Operating Loss Subsequent to Reorganization 02/09/2006
04-004 Location of the Commercial Domicile of a Corporation 09/13/2004
04-001 Income and Franchise Tax Exemptions for Health Maintenance Organizations 06/30/2004
03-014 Transferability and Application of Motion Picture Investor Tax Credit 12/17/2003
03-013 Exemption for Banks Organized Under Laws of Other States 12/12/2003
03-006 Availability of the Motion Picture Investor and Employment Credits 04/17/2003
02-015 Private Letter Ruling Concerning Availability of the Motion Picture Investor Tax Credit 12/13/2002
02-013 Private Letter Ruling Concerning Availability of Motion Picture Investor Tax Credit 11/27/2002
01-009 Private Letter Ruling on income taxation of a Qualified Subchapter S Subsidiary 03/08/2002
01-001 Department Issues Private Letter Ruling Confirming Absence of "Throwback" Rules in Income and Franchise Taxes 07/25/2001

Revenue Rulings

Revenue Rulings (RR) are a type of declaratory ruling written to apply principles of law and a statement of the department’s position to specific sets of facts. Revenue Rulings are binding on the department until superseded or modified by subsequent change in statute, regulation, declaratory ruling, or court decision.

Number Title Date Issued
13-004 Non-Profit Organizations – Unrelated Business Income 04/29/2013
08-011-A Frequently Asked Questions Regarding Louisiana New Markets Tax Credits 10/08/2009
08-011 Frequently Asked Questions Regarding Louisiana New Markets Tax Credits 10/21/2008
08-001 Hurricane Recovery Benefits and Insurance Settlement Proceeds 01/09/2008
07-010 Taxability of Industrial Revenue Bonds 12/11/2007
06-018 Allocation and Apportionment Ratio Treatments Regarding Foreign Trade Zones 11/03/2006
06-016 Frequently Asked Questions Concerning the Motion Picture Investor Tax Credit 09/25/2006
06-011 Louisiana Treatment of the Federal Provisions Converting Excess Charitable Contributions into Net Operating Loss Carryovers 08/07/2006
06-010 R.S. 47:605.1’s Fifty Percent Excess Rule and its Implementation 06/30/2006
06-009 Abusive Tax Shelters 06/29/2006
06-008 Limitation on Net Operating Losses following Corporate Ownership Changes 05/31/2006
06-003 Calculation of the Domestic Production Activities Deduction 05/10/2006
05-005 Characterization of Transaction as “Exchange” 09/13/2005
05-003 Capitalized Lease Assets in the Property Factors 06/28/2005
03-006 Corporation Income Tax Treatment of Single Member LLCs 12/08/2003
03-005 Inclusion of the Federal Excise Tax on Gasoline in the Sales Ratio 08/22/2003
03-004 Alternative Fuel Usage Credit for Low-Speed Vehicles 08/22/2003
02-020 Income Tax Credit for Donations to Assist Qualified Playgrounds 11/15/2002
02-019 Department Issues Revenue Ruling Concerning Income Tax Credit for Converting Vehicles to Alternative Fuel Usage 11/08/2002
02-018 Determination of the Corporation Franchise Tax of the Corporate Member of a Single Member Limited Liability Company 10/22/2002
02-015 Inclusion of Certain Indebtedness in the Franchise Tax Base 08/27/2002
02-010 Conformity with Federal Extraterritorial Income Provisions 08/26/2002
02-009 Conformity with Additional First Year Depreciation and NOL Provisions of the Federal Jobs Creation and Worker Assistance Act of 2002 08/26/2002
02-007 Corporation Income Tax Treatment of Expenses Related to Foreign Dividend Gross-Ups 05/17/2002
02-006 Inclusion of Accrued Vacation Pay in the Franchise Tax Base 05/17/2002
02-002 Mortgage Recourse Reserves Included in the Franchise Tax Base 08/30/2002
02-001 Taxation of Certain Trademark Holding Companies 05/13/2002
01-018 Inclusion of Certain Indebtedness in the Franchise Tax Base 12/28/2001
01-014 Period in which Inventory Tax Credit may be Claimed 10/08/2002
01-013 Effect of Federal “Check-the-Box” Elections on Franchise Tax 10/01/2002
01-012 "Manufacturer" for Inventory Tax Credit Purposes 09/17/2001
01-003 Status of Certain Unincorporated Group Self-Insurance Funds for Worker’s Compensation 10/08/2001