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Rs 47:287.753 Neighborhood Assistance Tax Credit

§287.753. Neighborhood assistance tax credit

A. The following words and phrases used in this Section, unless a different meaning

is plainly required by the context, shall have the following meanings:

(1) "Business firm" means any business entity authorized to do business in the state

of Louisiana and subject to the state corporation income tax imposed by the provisions of

Title 47 of the Louisiana Revised Statutes of 1950.

(2) "Community services" means any type of counseling and advice, emergency

assistance, or medical care furnished to individuals or groups in the state of Louisiana.

(3) "Crime prevention" means any activity which aids in the reduction of crime in

the state of Louisiana.

(4) "Education" means any type of scholastic instruction or scholarship assistance

to an individual who resides in the state of Louisiana that enables him to prepare himself for

better opportunities.

(5) "Job training" means any type of instruction to an individual who resides in the

state of Louisiana that enables him to acquire vocational skills so that he can become

employable or be able to seek a higher grade of employment.

(6) "Neighborhood assistance" means furnishing financial assistance, labor, material,

or technical advice to aid in the physical improvement or rehabilitation of any part or all of

a neighborhood area.

(7) "Neighborhood organization" means any organization which performs

community services in the state of Louisiana and which is:

(a) Determined by the Internal Revenue Service to be exempt from income taxation

under the provisions of the Internal Revenue Code.

(b) Incorporated in the state of Louisiana as a nonprofit corporation under the

provisions of R.S. 12:201 et seq.

(c) Designated as a community development corporation by the United States

government under the provisions of Title VII of the Economic Opportunity Act of 1964.

(8) "Neighborhood" means a specific geographic area, urban, inter-urban, suburban,

or rural as certified by the Division of Community Development of the Department of

Consumer Affairs regulation and licensing, which is experiencing problems endangering its

existence as a viable and stable neighborhood.

B. Any business firm engaged in the activities of providing neighborhood assistance,

job training, education for individuals, community services, or crime prevention in the state

of Louisiana shall receive a tax credit as provided in Subsection C, if the commissioner of

administration or his successor annually approves the proposal of the business firm. No

proposal shall be approved unless endorsed by the agency of local government within the

area in which the business firm is engaging in such activities, which has adopted an overall

community or neighborhood development plan, as being consistent with such plan. The

proposal shall set forth the program to be conducted, the neighborhood area to be served,

why the program is needed, the estimated amount to be invested in the program, and the

plans for implementing the program. If, in the opinion of the commissioner of administration

or his successor, a business firm's investment can more consistently be made through

contributions to a neighborhood organization as defined in Subsection A(7), tax credits may

be allowed as provided in Subsection C. The commissioner of administration or his

successor is hereby authorized to promulgate rules and regulations for establishing criteria

for evaluating such proposals by business firms for approval or disapproval and for

establishing priorities for approval or disapproval of such proposals by business firms with

the assistance and approval of the secretary of the Department of Revenue. The total amount

of tax credit granted for programs approved by the commissioner of administration or his

successor for each fiscal year shall not exceed one percent of the total amount of state

corporation income tax as collected in the prior fiscal year.

C. The division of administration or its successor shall grant a tax credit against the

state corporation income tax as provided in this Section. A tax credit of up to fifty percent

of the actual amount contributed may be allowed for investment in programs approved by

the commissioner of administration or his successor. Such credit for any corporation shall

not exceed one hundred eighty thousand dollars annually. No tax credit shall be granted to

any bank, bank and trust company, insurance company, trust company, national bank, savings

association, or building and loan association for activities that are a part of its normal course

of business. Any tax credit not used in the period the investment was made may be carried

over for the next five succeeding taxable periods until the full credit has been allowed.

D. The decision of the commissioner of administration or his successor to approve

or disapprove a proposal pursuant to this Section shall be in writing, and if he approves the

proposal, he shall state the maximum credit allowable to the business firm. A copy of the

decision of the commissioner of administration or his successor shall be transmitted to the

governor and to the secretary of the Department of Revenue.

Acts 1986, 1st Ex. Sess., No. 16, §1, eff. Dec. 24, 1986; Acts 1988, No. 625, §4; Acts

1997, No. 658, §2; Acts 2015, No. 125, §2, eff. July 1, 2015; §5, eff. July 1, 2018; Acts

2017, No. 400, §4, eff. June 26, 2017.

NOTE: See Acts 2015, No. 125, §7, regarding applicability.

NOTE: See Acts 2016, 1st Ex. Sess., No. 29, §2, regarding effectiveness.

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Local Government
Louisiana
3
8
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John Bel Edwards
John Bel Edwards
January 11, 2016 -
Democratic
1-225-342-4404
900 North 3rd Street, Baton Rouge, LA, 70802

Keywords
tax
business
credit
administration
successor
louisiana
able
corporation
assistance
income