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Rs 47:302 Imposition Of Tax

§302. Imposition of tax

A. There is hereby levied a tax upon the sale at retail, the use, the consumption, the

distribution, and the storage for use or consumption in this state, of each item or article of

tangible personal property, as defined herein, the levy of said tax to be as follows:

(1) At the rate of two per centum (2%) of the sales price of each item or article of

tangible personal property when sold at retail in this state; the tax to be computed on gross

sales for the purpose of remitting the amount of tax due the state, and to include each and

every retail sale.

(2) At the rate of two per centum (2%) of the cost price of each item or article of

tangible personal property when the same is not sold but is used, consumed, distributed, or

stored for use or consumption in this state; provided there shall be no duplication of the tax.

B. There is hereby levied a tax upon the lease or rental within this state of each item

or article of tangible personal property, as defined herein; the levy of said tax to be as

follows:

(1) At the rate of two per centum (2%) of the gross proceeds derived from the lease

or rental of tangible personal property, as defined herein, where the lease or rental of such

property is an established business, or part of an established business, or the same is

incidental or germane to the said business.

(2) At the rate of two per centum (2%) of the monthly lease or rental price paid by

lessee or rentee, or contracted or agreed to be paid by lessee or rentee to the owner of the

tangible personal property.

C.(1) There is hereby levied a tax upon all sales of services, as herein defined, in this

state, at the rate of two percent of the amounts paid or charged for such services.

(2) The tax levied in this Section shall be collected from the dealer, as defined

herein, shall be paid at the time and in the manner hereinafter provided, and shall be in

addition to all other taxes, whether levied in the form of excise, license, or privilege taxes,

and shall be in addition to taxes levied under the provisions of Chapter 3 of Subtitle II of this

Title.

D. Notwithstanding any other provision of law to the contrary, no sales or use tax

of any taxing authority shall be levied on any advertising service rendered by an advertising

business, including but not limited to advertising agencies, design firms, and print and

broadcast media, or any member, agent, or employee thereof, to any client whether or not

such service also involves a transfer to the client of tangible personal property. However,

a transfer of mass-produced advertising items by an advertising business which manufactures

the items itself to a client for the client's use, which transfer involves the furnishing of

minimal services other than manufacturing services by the advertising business shall be a

taxable sale or use of tangible personal property; provided that in no event shall tax be levied

on charges for creative services which are separately invoiced.

E. No exemption from the state sales and use tax granted after the effective date of

this Act and granted pursuant to the provisions of this Chapter or Chapter 2-A of Title 47 of

the Louisiana Revised Statutes of 1950 shall be applicable to any sales and use tax levied by

any local governmental subdivision or school board unless the state exemption specifically

provides that it applies to such sales and use tax levies. In the absence of any such specific

application of the state exemption to sales and use tax levies of any local governmental

subdivision or school board, any state exemption granted pursuant to the provisions of this

Chapter or Chapter 2-A of Title 47 of the Louisiana Revised Statutes of 1950 shall be

applicable only to the levy and collection of the state sales and use tax.

F. Notwithstanding any other provision of law to the contrary, including but not

limited to any contrary provisions of this Chapter, for the period August 1, 1988 through

June 30, 1989, the exemptions to the tax levied pursuant to the provisions of this Section,

except for those exemptions provided by R.S. 39:467 and 468, R.S. 47:305(A)(1), (B),

(D)(1)(f), (j), (k), (l), (m), (s), (G), 305.1, 305.2, 305.3, 305.8, 305.15, 305.20, 305.37,

305.38, and 305.46, and R.S. 51:1787, shall be inapplicable, inoperable and of no effect.

G. Notwithstanding any other provision of law to the contrary, including but not

limited to any contrary provisions of this Chapter, for the period July 1, 1990 through June

30, 1991, the exemptions to the two percent tax levied pursuant to the provisions of this

Section, except for those exemptions provided by R.S. 39:467 and 468, R.S. 47:305(A)(1),

(B), (D)(1)(f), (j), (k), (l), (m), (s), (G), 305.1, 305.2, 305.3, 305.8, 305.10, 305.14, 305.15,

305.20, 305.37, 305.38, and 305.46, and R.S. 51:1787, shall be inapplicable, inoperable, and

of no effect.

H. Notwithstanding any other provisions to the contrary, including but not limited

to any contrary provisions of this Chapter, for the period July 1, 1991 through June 30, 1992,

the exemptions to the tax levied pursuant to the provisions of this Section, except for those

exemptions provided by R.S. 39:467 and 468, R.S. 47:305(A)(1), (B), (D)(1)(f), (j), (k), (l),

(m), (s), (G), 305.1, 305.2, 305.3, 305.8, 305.10, 305.14, 305.15, 305.20, 305.25(A)(1) and

(2), 305.37, 305.38, and 305.46, and R.S. 51:1787, shall be inapplicable, inoperable, and of

no effect.

I. Notwithstanding any other provision of law to the contrary, including but not

limited to any contrary provisions of this Chapter, for the period July 1, 1992 through June

30, 1994, the exemptions to the tax levied pursuant to the provisions of this Section, except

for those exemptions provided by R.S. 39:467 and 468, R.S. 47:305(A)(1), (B), (D)(1)(f),

(j), (k), (l), (m), (s), (G), 305.1, 305.2, 305.3, 305.8, 305.10, 305.14, 305.15, 305.20,

305.25(A)(1) and (2), 305.37, 305.38, and 305.46, and R.S. 51:1787, shall be inapplicable,

inoperable, and of no effect.

J. Notwithstanding any other provisions of law to the contrary, including the

provisions of Subsection I of this Section, as proposed by House Bill 568 of the 1992

Regular Session, the provisions of R.S. 47:305(D)(1)(t) shall remain in effect for the period

beginning on July 1, 1992 and ending on June 30, 1994.

K. An additional tax shall be levied as follows:

(1) At the rate of four percent of the sales price of each item or article of tangible

personal property when sold at retail in this state; the tax to be computed on gross sales for

the purpose of remitting the amount of tax due the state, and to include each and every retail

sale.

(2) At the rate of four percent of the cost price of each item or article of tangible

personal property when the same is not sold but is used, consumed, distributed, or stored for

use or consumption in this state; provided there shall be no duplication of the tax.

(3) The tax levied under this Subsection shall be in addition to the tax levied upon

such sales under Subsection A of this Section and any other tax levied under other Sections

of this Chapter, and shall be subject to the same definitions, exemptions, tax credits,

penalties, and limitations now or hereafter prescribed in this Chapter.

(4) The tax levied under this Subsection shall be paid in lieu of any sales or use tax

which would otherwise be levied and collected by a local political jurisdiction of this state.

(5) The tax levied under this Subsection shall be levied and collected only from

vendors who qualify as a "dealer" in this state solely by virtue of engaging in regular or

systematic solicitation of a consumer market in this state by the distribution of catalogs,

periodicals, advertising fliers, or other advertising, or by means of print, radio, or television

media, including but not limited to television shopping channels, by mail, telegraphy,

telephone, computer database, cable, optic, microwave, or other communication system. A

vendor who qualifies as a dealer in this state as provided in R.S. 47:301(4) is prohibited from

collecting the tax imposed under this Subsection in lieu of collecting the sales and use tax

imposed by a political subdivision of this state which tax is remitted directly to the political

subdivision.

(6) The taxes levied under this Subsection shall be collected by the Department of

Revenue, advised by the Louisiana Uniform Local Sales Tax Board. The secretary shall

assess a collection fee, not to exceed one percent of the proceeds of the tax, as

reimbursement for the actual cost of collection of the tax. The department shall keep the

board informed on a regular basis of the collection and distribution of the taxes collected, and

the board shall receive a copy of the executive budget submission of the Local Tax Division

of the Board of Tax Appeals.

(7)(a) From the current collections of the tax collected under this Subsection, the

secretary shall make the following distributions:

(i) The secretary shall annually provide for an interagency transfer in the amount of

one hundred and thirty-two thousand dollars to the Department of State Civil Service, Board

of Tax Appeals, to be expended exclusively for the purposes of its Local Tax Division.

(ii) All monies remaining after satisfaction of the requirements of Item (i) of this

Subparagraph shall be distributed quarterly to the central local sales and use tax collector or,

if none, the parish governing authority according to population. The central local sales and

use tax collector or the parish governing authority shall at no charge distribute the tax

proceeds received from the secretary to each political subdivision within the parish which

levies a sales and use tax or receives a portion of the proceeds of a parishwide sales and use

tax levy, in accordance with each such political subdivision's pro rata share of local sales and

use tax receipts collected on all other transactions subject to local sales and use taxes during

the most recent state fiscal year for which data is available within thirty days of receipt of the

proceeds.

(b) The amount specified in Item (a)(i) of this Paragraph as transferred to the

Department of State Civil Service, Board of Tax Appeals, shall be increased by fifty-five

thousand dollars on July 1, 2015, by thirty-two thousand dollars on July 1, 2016, and by five

thousand dollars on the first day of each of the two subsequent fiscal years. The amounts

specified in Subparagraphs (a) and (b) of this Paragraph shall be transferred by the secretary

within the first thirty days of each fiscal year and the Department of State Civil Service,

Board of Tax Appeals, may retain all funds which are transferred as directed in

Subparagraphs (a) and (b) of this Paragraph.

L. Notwithstanding any other provision of law to the contrary, including but not

limited to any contrary provisions of this Chapter, for the period July 1, 1994 through June

30, 1996, the exemptions to the tax levied pursuant to the provisions of this Section, except

for those exemptions provided by R.S. 39:467 and 468, R.S. 47:305(A)(1), (B), (D)(1)(f),

(j), (k), (l), (m), (s), and (t), and (G), 305.1, 305.2, 305.3, 305.8, 305.10, 305.14, 305.15,

305.20, 305.25(A)(1) and (2), 305.37, 305.38, and 305.46, and R.S. 51:1787, shall be

inapplicable, inoperable, and of no effect.

M. Notwithstanding any other provision of law to the contrary, including but not

limited to any contrary provisions of this Chapter, for the period July 1, 1996 through June

30, 1998, the exemptions to the tax levied pursuant to the provisions of this Section, except

for those exemptions provided by R.S. 39:467 and 468, R.S. 47:305(A)(1), (B), (D)(1)(f),

(j), (k), (l), (m), (s), and (t), and (G), 305.1, 305.2, 305.3, 305.8, 305.10, 305.14, 305.15,

305.20, 305.25(A)(1) and (2), 305.37, 305.38, 305.46, and 305.50, and R.S. 51:1787, shall

be inapplicable, inoperable, and of no effect.

N. Notwithstanding any other provision of law to the contrary, including but not

limited to any contrary provisions of this Chapter, for the period July 1, 1998 through June

30, 2000, the exemptions to the tax levied pursuant to the provisions of this Section, except

for those exemptions provided by R.S. 39:467 and 468, R.S. 47:305(A)(1), (B), (D)(1)(f),

(j), (k), (l), (m), (s), and (t), and (G), 305.1, 305.2, 305.3, 305.8, 305.10, 305.14, 305.15,

305.20, 305.25(A)(1) and (2), 305.37, 305.38, 305.46, and 305.50, and R.S. 51:1787, shall

be inapplicable, inoperable, and of no effect.

O. Notwithstanding any other provision of law to the contrary, including but not

limited to any contrary provisions of this Chapter, for the period July 1, 2000 through June

30, 2002, the exemptions to the tax levied pursuant to the provisions of this Section, except

for those exemptions provided by R.S. 39:467 and 468, R.S. 47:305(A)(1), (B), (D)(1)(f),

(j), (k), (l), (m), (s), and (t), and (G), 305.1, 305.2, 305.3, 305.8, 305.10, 305.14, 305.15,

305.20, 305.25(A)(1) and (2), 305.37, 305.38, 305.46, and 305.50, and R.S. 51:1787, shall

be inapplicable, inoperable, and of no effect.

P. Notwithstanding any other provision of law to the contrary and specifically

notwithstanding any provision enacted during the 2002 Regular Session which makes any

sales and use tax exemption inapplicable, inoperable, and of no effect, the exemption

provided in R.S. 47:305.51 shall be applicable, operable, and effective for the period April

1, 2001 through June 30, 2004.

Q. Notwithstanding any other provision of law to the contrary, including but not

limited to any contrary provisions of this Chapter, for the period July 1, 2002 through June

30, 2004, the exemptions to the tax levied pursuant to the provisions of this Section, except

for those exemptions provided by R.S. 39:467 and 468, R.S. 47:305(A)(1), (B), (D)(1)(f),

(j), (k), (l), (m), (s), and (t), and (G), 305.1, 305.2, 305.3, 305.8, 305.10, 305.14, 305.15,

305.20, 305.25(A)(1) and (2), 305.37, 305.38, 305.46, and 305.50, and R.S. 51:1787, shall

be inapplicable, inoperable, and of no effect.

R.(1) Notwithstanding any other provision of law to the contrary, including but not

limited to any contrary provisions of this Chapter, for the period July 1, 2004, through June

30, 2009, the exemptions to the tax levied pursuant to the provisions of this Section, except

for those exemptions provided by R.S. 39:467 and 468, R.S. 47:305(A)(1), (B), (D)(1)(f),

(j), (k), (l), (m), (s), and (t), and (G), 305.1, 305.2, 305.3, 305.8, 305.10, 305.14, 305.15,

305.20, 305.25(A)(1) and (2), 305.37, 305.38, 305.46, 305.50, and 305.51, and R.S. 51:1787,

shall be inapplicable, inoperable, and of no effect.

(2) Notwithstanding any other provision of law to the contrary, including but not

limited to any contrary provisions of this Chapter, the exemption provided for in R.S.

47:305(A)(2) and 305.25(A)(3) shall be applicable, operable, and effective from July 1,

2007.

(3) Notwithstanding any other provision of law to the contrary which makes any

sales and use tax exemption inapplicable, inoperable, and of no effect, the exemption

provided in R.S. 47:305(D)(2) shall be applicable, operable, and effective from January 1,

1998.

S. Notwithstanding any other provision of law to the contrary and specifically

notwithstanding any provision enacted during the 2004 First Extraordinary Session which

makes any sales and use tax exemption inapplicable, inoperable, and of no effect, the

exemption provided in R.S. 47:305.51 shall be applicable, operable, and effective for all

taxable periods beginning on or after July 1, 2007.

T. Notwithstanding any other provision of law to the contrary and specifically

notwithstanding any provision enacted to make any sales and use tax exemption inapplicable,

inoperable, and of no effect, the exemption provided in R.S. 47:305(A)(5)(b) shall be

applicable, operable, and effective from July 1, 2009.

U. Collection of consumer use tax. It is the duty of the secretary of the Department

of Revenue to collect all taxes imposed pursuant to this Chapter and Chapters 2-A and 2-B

of this Subtitle which may be due upon the sale by a remote retailer of tangible personal

property or services in Louisiana. The secretary is authorized and directed to employ all

means available to ensure the collection of the tax in an equitable, efficient, and effective

manner.

V.(1) In addition to the definition of "dealer" as provided in R.S. 47:301(4) for

purposes of the consumer use tax, the term "dealer" includes every person who manufactures

or produces tangible personal property for sale at retail, for use or consumption, or

distribution, or for storage to be used or consumed in a taxing jurisdiction. "Dealer" is further

defined to mean:

(a) Any person engaging in business in the taxing jurisdiction which shall mean the

solicitation of business through an independent contractor or any other representative

pursuant to an agreement with a Louisiana resident or business under which the resident or

business, for a commission, referral fee, or other consideration of any kind, directly or

indirectly, refers potential customers, whether by link on an internet website, an in-person

oral presentation, telemarketing, or otherwise to the seller. If the cumulative gross receipts

from sales of tangible personal property to customers in this state who are referred to the

person through such an agreement exceeds fifty thousand dollars during the preceding twelve

months, the presumption regarding the status of that person as a dealer may be rebutted if

the person can demonstrate, to the satisfaction of the secretary, that he cannot reasonably be

expected to have gross receipts in excess of fifty thousand dollars for the succeeding twelve

months.

(b) Any person selling tangible personal property or services, the use of which is

taxed pursuant to this Chapter, who:

(i) Sells the same or a substantially similar line of products as a Louisiana retailer

under the same or substantially similar business name, using the same trademarks, service

marks, or trade names that are the same or substantially similar to those used by the

Louisiana retailer.

(ii) Solicits business and develops and maintains a market in Louisiana through an

agent, salesman, independent contractor, solicitor, or other representative pursuant to an

agreement with a Louisiana resident or business, hereinafter referred to collectively as an

"affiliated agent", under which the affiliated agent, for a commission, referral fee, or other

consideration of any kind engages in activities in this state that inure to the benefit of the

person in the person's development or maintenance of a market for its goods or services in

the state, to the extent that those activities of the affiliated agent are sufficient to satisfy the

nexus requirement of the United States Constitution. For purposes of this Subparagraph,

such activities of the affiliated agent shall include referral of potential customers to the

person, either directly or indirectly, whether by link on an internet website or otherwise.

(c) In addition to those persons established as dealers according to Subparagraph (b)

of this Paragraph, the provisions of this Subsection shall be presumed by a taxing authority

to apply to any person who holds a substantial ownership interest, directly or through a

subsidiary, in a retailer maintaining sales locations in Louisiana, or to any person who is

owned in whole or in substantial part by a retailer maintaining sales locations in Louisiana,

or by a parent or subsidiary thereof. For purposes of this Paragraph, "substantial ownership

interest" means affiliated persons with respect to each other where one of such persons has

an ownership interest of more than five percent, whether direct or indirect, in the other, or

where an ownership interest of more than five percent, whether direct or indirect, is held in

each of such persons by another person or by a group of other persons which are affiliated

persons with respect to each other.

(2) A dealer, as defined in and for the purposes of this Subsection, shall file all

applicable sales and use tax returns and remittances through the electronic filing options

available for such purposes. Further, such dealer shall specifically collect the tax authorized

by Paragraph (K)(5) of this Section.

(3) The provisions of this Subsection holding that certain business activities

conducted by certain persons establishes the person as a dealer for the purposes of sales and

use tax levied by the state shall not be used in the determination of whether such persons are

liable for the payment of income and franchise taxes levied by the state.

W.(1) Nothing in Subsection K of this Section shall prohibit a taxpayer from electing

to separately file with the applicable parish sales and use tax collector or central collection

commission a use tax return and to remit the correct and full amount of use tax due pursuant

to the provisions of all applicable local ordinances, hereinafter referred to as "paid local use

tax return".

(2) If a dealer has withheld and remitted tax for a specific purchase pursuant to the

provisions of Subsection K of this Section from a taxpayer who subsequently files a paid use

local tax return, the taxpayer may file an annual use tax refund request with the secretary,

hereinafter referred to as "refund request".

(3) A refund request shall be filed in a manner to be determined by the secretary,

which may include electronic filing. The refund request may be made once per calendar

year, and shall be accompanied by a copy of both of the following:

(a) All relevant paid local use tax returns.

(b) An affidavit affirming that the delivery and use of the taxable property will occur

in a parish in which there is no use tax imposed by any local taxing authority, which affidavit

has been filed with the local sales and use tax commission established under Paragraph

(K)(6) of this Section.

(4) The secretary shall pay any refund due pursuant to this Subsection from current

collections of any tax levied pursuant to Subsection K of this Section.

(5) The denial of any refund, or the failure to act within one year of the filing of the

refund request, shall be appealable in the same manner as is provided for in R.S. 47:1625.

X. Notwithstanding any other provision of law to the contrary, including but not

limited to any contrary provisions of this Chapter, for the period April 1, 2016 through July

1, 2018, there shall be no exclusions and exemptions to the tax levied pursuant to the

provisions of this Section except for exemptions and exclusions for sales or purchases of the

following items and for those items enumerated in Subsection AA of this Section:

(1) Food for home consumption, as defined in R.S. 47:305(D)(1)(n) through (r) on

January 1, 2003, as provided in Article VII, Section 2.2 of the Constitution of Louisiana.

(2) Natural gas, as provided in Article VII, Section 2.2 of the Constitution of

Louisiana.

(3) Electricity, as provided in Article VII, Section 2.2 of the Constitution of

Louisiana.

(4) Water, as provided in Article VII, Section 2.2 of the Constitution of Louisiana.

(5) Prescription drugs, as provided in Article VII, Section 2.2 of the Constitution of

Louisiana.

(6) Gasoline and other motor fuels subject to the state excise tax on fuel.

(7) Sales to the United States government and its agencies, as provided in R.S.

47:301(10)(g).

(8) Sales of raw agricultural products, as provided in R.S. 47:301(10)(e) and

305(A)(3).

(9) Lease or rentals of railroad rolling stock as provided in R.S. 47:301(4)(k),

piggyback trailers as provided in R.S. 47:305.45, and certain trucks and trailers in interstate

commerce as provided in R.S. 47:305.50(A) and (B).

(10) Tangible personal property for resale as provided in R.S. 47:301(10)(a)(i).

(11) Feed and feed additives for animals held for business purposes as provided in

R.S. 47:305(A)(4).

(12) Farm products produced and used by farmers as provided in R.S. 47:305(B).

(13) Sales of fertilizers and containers to farmers as provided in R.S.

47:305(D)(1)(f).

(14) Sales of seeds for planting crops as provided in R.S. 47:305.3.

(15) Sales of pesticides for agricultural purposes as provided in R.S. 47:305.8.

(16) Purchases, use, and lease of manufacturing machinery and equipment as

provided in R.S. 47:301(3)(i)(i), (13)(k) and (28)(a).

(17) Sales of materials for further processing as provided in R.S. 47:301(10)(c)(i)(aa).

(18) Sale of 50-ton vessels and new component parts and sales of certain materials

and services to vessels operating in interstate commerce as provided in R.S. 47:305.1 (A) and

(B).

(19) Louisiana Tax Free Shopping Program for international visitors as provided in

R.S. 51:1301.

(20) Sales of farm equipment used in poultry production as provided in R.S.

47:301(13)(c).

(21) Sales of pharmaceuticals administered to livestock for agricultural purposes as

provided in R.S. 47:301(16)(f).

(22) Sales of livestock, poultry and other farm products and sales at public livestock

auctions as provided in R.S. 47:305(A)(1) and (2).

(23) Materials used in the production of crawfish and catfish as provided in R.S.

47:305(A)(5) and (6).

(24) First fifty thousand dollars of farm equipment purchases as provided in R.S.

47:305.25.

(25) Fuel used on the farm as provided in R.S. 47:305.37.

(26) Taxation of electrical cooperatives as provided in R.S. 12:425.

(27) Overhaul of naval vessels as provided in R.S. 47:301(7)(c) and (14)(h).

(28) Purchases by state and local governments as provided in R.S. 47:301(8)(c).

(29) Transactions in interstate commerce and tangible personal property imported

into this state, or produced or manufactured in this state, for export as provided in R.S.

47:305(E).

(30) Parish councils on aging in R.S. 47:305.66.

(31) Articles traded in on purchases of tangible personal property as provided in R.S.

47:301(13)(a).

(32) A factory built home as provided in R.S. 47:301(16)(g).

Y. The provisions of Subsection X of this Section shall supercede and control to the

extent of conflict with any other provision of law.

Z. Notwithstanding the provisions of Subsection X of this Section, no amount of

additional revenue shall be remitted to any tax increment financing district.

NOTE: Paragraph (AA)(intro. para.) as amended by Acts 2017, No. 395, §1,

eff. until July 1, 2018.

AA. Notwithstanding any other provision of this Section to the contrary, except as

provided in Paragraphs (29) through (32) of this Subsection, beginning July 1, 2016, the

following specific exclusions and exemptions shall be applicable to the tax levied pursuant

to the provisions of this Section:

NOTE: Paragraph (AA)(intro. para.) as amended by Acts 2017, No. 395, §1,

eff. July 1, 2018.

AA. Notwithstanding any other provision of this Section to the contrary, except as

provided in Paragraphs (29) through (33) of this Subsection, beginning July 1, 2016, the

following specific exclusions and exemptions shall be applicable to the tax levied pursuant

to the provisions of this Section:

(1) Sales of room rentals by a camp or retreat facility owned by a nonprofit

organization as provided in R.S. 47:301(6)(b).

(2) Sales of room rentals by a homeless shelter as provided in R.S. 47:301(6)(c).

(3) Sales, leases, and rentals of tangible personal property and sales of services

necessary to operate free hospitals as provided in R.S. 47:301(7)(e), (10)(p), and (18)(c).

(4) Sales, leases, or rentals of tangible personal property to Boys State of Louisiana,

Inc. and Girls State of Louisiana, Inc. as provided in R.S. 47:301(7)(g) and (10)(r).

(5) Sales by nonprofit entities that sell donated goods as provided in R.S.

47:301(8)(f).

(6) Isolated or occasional sales of tangible personal property by a person not engaged

in such business as provided in R.S. 47:301(10)(c)(ii)(bb).

(7) Sales of human tissue transplants as provided in R.S. 47:301(10)(d).

(8) Sales of food items by a youth-serving organization chartered by the United

States Congress as provided in R.S. 47:301(10)(h).

(9) Sales and donations of tangible personal property by food banks as provided in

R.S. 47:301(10)(j) and (18)(a)(i).

(10) Sales or purchases of fire-fighting equipment by volunteer fire departments as

provided in R.S. 47:301(10)(o).

(11) Sales to, and leases, rentals, and use of educational materials and equipment

used for classroom instruction by parochial and private elementary and secondary schools

that comply with the court order from the Dodd Brumfield decision and Section 501(c)(3)

of the Internal Revenue Code as provided in R.S. 47:301(7)(f), (10)(q)(ii), and (18)(e)(ii).

(12) Sales by parochial and private elementary and secondary schools that comply

with the court order from the Dodd Brumfield decision and Section 501(c)(3) of the Internal

Revenue Code as provided in R.S. 47:301(10)(q)(i) and (18)(e)(i).

(13) Sales, as provided in R.S. 47:301(14)(b)(i), but only of admissions to athletic

and entertainment events held for or by an elementary or secondary school and membership

fees or dues of nonprofit, civic associations.

(14) Sales or use of materials used directly in the collection of blood as provided in

R.S. 47:301(16)(j).

(15) Sales or use of apheresis kits and leukoreduction filters as provided in R.S.

47:301(16)(k).

(16) Sales or use of orthotic devices, prosthetic devices, hearing aids, eyeglasses,

contact lenses, and wheelchairs prescribed by physicians, optometrists, or licensed

chiropractors used exclusively by the patient for personal use as provided in R.S.

47:305(D)(1)(k).

(17) Sales or use of ostomy, colostomy, and ileostomy devices and equipment as

provided in R.S. 47:305(D)(1)(l).

(18) Sales or use of adaptive driving equipment and motor vehicle modifications

prescribed for personal use as provided in R.S. 47:305(D)(1)(u).

(19) Sales of meals by educational institutions, medical facilities, mental institutions,

and occasional meals furnished by educational, religious, or medical organizations as

provided in R.S. 47:305(D)(2).

(20) Purchase or rental of kidney dialysis machines, parts, materials, and supplies for

home use under a physician's prescription as provided in R.S. 47:305(G).

(21) Sales of admissions to entertainment events by Little Theater organizations as

provided in R.S. 47:305.6.

(22) Sales of admissions to musical performances sponsored by nonprofit

organizations as provided in R.S. 47:305.7.

(23) Sales of admissions to entertainment events sponsored by domestic nonprofit

charitable, religious, and educational organizations as provided in R.S. 47:305.13.

(24) Sales of admissions, parking fees, and sales of tangible personal property at

events sponsored by domestic, civic, educational, historical, charitable, fraternal, or religious

nonprofit organizations as provided in R.S. 47:305.14(A)(1).

(25) Sales of admissions and parking fees at fairs and festivals sponsored by

nonprofit organizations as provided in R.S. 47:305.18.

(26) Purchases of fishing vessels, supplies, fuels, lubricants, and repairs for the

vessels of licensed commercial fishermen as provided in R.S. 47:305.20.

(27) Sales of butane, propane, or other liquified petroleum gases for private,

residential consumption as provided in R.S. 47:305.39.

(28) Sales and purchases by certain organizations that provide training for blind

persons as provided in R.S. 47:305.15.

(29) Beginning July 1, 2017, the exclusion for surface preparation, painting, and

coating fixed or rotary wing aircraft and certified transport category aircraft registered

outside of this state, as provided in R.S. 47:301(14)(g)(iv).

(30) Beginning July 1, 2017, purchases and leases by qualifying radiation therapy

treatment centers, as provided in R.S. 47:305.64.

(31) Beginning July 1, 2017, sales and purchases of medical devices used by patients

under the supervision of a physician, as provided in R.S. 47:305(D)(1)(s).

(32) Beginning October 1, 2017:

(a) Sales and purchases of platinum, gold, or silver bullion, that is valued solely upon

its precious metal content, whether in coin or ingot form as provided in R.S.

47:301(16)(b)(ii)(aa).

(b) Numismatic coins that have a sales price of no more than one thousand dollars

as provided in R.S. 47:301(16)(b)(ii)(bb).

(c) Numismatic coins sold at a national, statewide, or multi-parish numismatic trade

show as provided in R.S. 47:301(16)(b)(ii)(cc).

NOTE: Paragraph (AA)(33) as enacted by Acts 2017, No. 395, §1, eff. July

1, 2018.

(33) Beginning October 1, 2017, sales and purchases of orthotic devices, prosthetic

devices, prostheses, restorative materials, and other dental devices as provided in R.S.

47:305(D)(1)(t).

Acts 1962, No. 172, §1; Acts 1968, Ex.Sess., No. 5, §1; Acts 1978, No. 205, §2, eff.

June 29, 1978; Acts 1987, No. 869, §1; Acts 1988, No. 842, §1, eff. Aug. 1, 1988; Acts

1988, 2nd Ex. Sess., No. 11, §1, eff. Oct. 27, 1988; HCR 160, 1989 R.S., eff. July 1, 1989;

HCR 1, 1989 2d E.S., eff. July 1, 1989; Acts 1990, No. 155, §1, eff. July 1, 1990; Acts 1990,

No. 386, §1, eff. July 10, 1990; Acts 1991, 1st E.S., No. 4, §1, eff. July 1, 1991; Acts 1992,

No. 563, §1, eff. July 1, 1992; Acts 1992, No. 926, §1, eff. July 1, 1992; Acts 1994, No. 18,

§1; Acts 1994, No. 20, §1, eff. July 1, 1994; Acts 1996, No. 5, §1, eff. July 1, 1996; Acts

1998, No. 1, §1, eff. July 1, 1998; Acts 2000, 1st Ex. Sess., No. 18, §1, eff. July 2, 2000;

Acts 2000, No. 22, §5, eff. April 1, 2016; Acts 2001, 1st Ex. Sess., No. 5, §1, eff. March 27,

2001; Acts 2001, No. 1175, §§1 and 3 (conditional eff. dates – see notes below); Acts 2002,

No. 22, §1, eff. July 1, 2002; Acts 2002, No. 49, §1, eff. July 1, 2002; Acts 2003, No. 73, §1,

eff. July 1, 2003; Acts 2004, 1st Ex. Sess., No. 4, §1, eff. July 1, 2004; Acts 2004, 1st Ex.

Sess., No. 5, §1, eff. July 1, 2004; Acts 2005, 1st Ex. Sess., No. 48, §1, eff. Jan. 1, 2006; Acts

2007, No. 358, §3, eff. Aug. 1, 2007; Acts 2007, No. 424, §1, eff. July 1, 2007; Acts 2007,

No. 439, §1, eff. July 1, 2007; Acts 2007, No. 471, §2, eff. July 1, 2007; Acts 2007, No. 480,

§1; Acts 2009, No. 455, §1, eff. July 1, 2009; Acts 2009, No. 473, §1, eff. July 9, 2009; Acts

2013, No. 425, §1, eff. July 1, 2013; Acts 2014, No. 640, §2, eff. June 12, 2014; Acts 2015,

No. 210, §1, eff. June 23, 2015; Acts 2016, 1st Ex. Sess., No. 9, §1, eff. April 1, 2016; Acts

2016, 1st Ex. Sess., No. 22, §1, eff. March 14, 2016; Acts 2016, 1st Ex. Sess., No. 25, §§1,

3, eff. April 1, 2016; Acts 2016, No. 335, §1, eff. June 5, 2016; Acts 2016, No. 569, §1, eff.

July 1, 2017; Acts 2016, 2nd Ex. Sess., No. 12, §1, eff. June 28, 2016; Acts 2017, No. 274,

§2, eff. June 16, 2017; Acts 2017, No. 279, §1, eff. July 1, 2017; Acts 2017, No. 340, §1, eff.

June 22, 2017; Acts 2017, No. 395, §1, eff. July 1, 2018; Acts 2017, No. 424, §1, eff. June

26, 2017; Acts 2017, No. 426, §1, eff. June 23, 2017.

NOTE: Section 5 of Acts 2001, No. 1175, provides that "The intent of this

Act is to amend Louisiana law so that it conforms to the federal Mobile

Telecommunications Sourcing Act, P.L. 106-252, codified at 4 U.S.C.

Sections 116 through 126. If it is determined by the legislative oversight

committees of the Department of Revenue, which are set forth in R.S.

49:968, that a court of competent jurisdiction has entered a final judgment on

the merits that (1) is based on federal or state law; (2) is no longer subject to

appeal; and (3) substantially limits or impairs the essential elements of

Section 1 or 2 of this Act, then the provisions enacted by such Sections shall

be repealed, and Sections 3 and 4 of this Act shall be effective, all as of the

date of entry of such judgment."

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