§287.82. Corporate deductions; add-back of certain intangible expenses; interest and
management fees
A.
(1)For purposes of computing a corporation's Louisiana net income, a corporation
shall add-back otherwise deductible interest expenses and costs, intangible expenses and
costs, and management fees directly or indirectly paid, accrued, or incurred to, or in
connection directly or indirectly with one or more direct or indirect transactions, with one
or more related members, except to the extent the corporation shows, upon request of the
secretary of the Department of Revenue that the corresponding item of income was in the
same taxable year either subject to a tax based on or measured by the related member's net
income in Louisiana or any other state, or was subject to a tax based on or me
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§287.82. Corporate deductions; add-back of certain intangible expenses; interest and
management fees
A.(1) For purposes of computing a corporation's Louisiana net income, a corporation
shall add-back otherwise deductible interest expenses and costs, intangible expenses and
costs, and management fees directly or indirectly paid, accrued, or incurred to, or in
connection directly or indirectly with one or more direct or indirect transactions, with one
or more related members, except to the extent the corporation shows, upon request of the
secretary of the Department of Revenue that the corresponding item of income was in the
same taxable year either subject to a tax based on or measured by the related member's net
income in Louisiana or any other state, or was subject to a tax based on or measured by the
related member's net income by a foreign nation which has an enforceable income tax treaty
with the United States, if the recipient was a "resident" as defined in the income tax treaty
with the foreign nation. For purposes of this Subsection, the term "subject to a tax based on
or measured by the related member's net income" shall mean that receipt of the payment by
the recipient-related member is reported and included in income for purposes of a tax on net
income, and not offset or eliminated in a combined or consolidated return which includes the
payor. Any portion of an item of income that is not attributed to the taxing jurisdiction, as
determined by that jurisdiction's allocation and apportionment methodology or other sourcing
methodology, is not included in income for purposes of a tax on net income and, therefore,
shall not be considered subject to a tax. That portion of an item of income which is
attributed to a taxing jurisdiction having a tax on net income shall be considered subject to
a tax even if no actual taxes are paid on the item of income in the taxing jurisdiction by
reason of deductions or otherwise.
(2) The adjustments required in Paragraph (1) of this Subsection shall not apply to
that portion of interest expenses and costs, intangible expenses and costs, and management
fees if the corporation establishes that the transaction giving rise to the interest expenses and
costs, the intangible expenses and costs, or the management fees between the corporation and
the related member did not have as a principal purpose the avoidance of any Louisiana tax.
If the transaction giving rise to the interest expenses and costs, intangible expenses and costs,
or the management fees has a substantial business purpose and economic substance and
contains terms and conditions comparable to a similar arm's length transaction between
unrelated parties, the transaction shall be presumed to not have as its principal purpose tax
avoidance, subject to rebuttal by the secretary of the Department of Revenue.
(3) The adjustments required in this Subsection shall not apply to that portion of
interest expenses and costs, intangible expenses and costs, and the management fees that the
corporation establishes was paid, accrued, or incurred, directly or indirectly, by the related
member during the same taxable year to a person that is not a related member. A corporation
shall not be required to add to its taxable income more than once any amount of interest
expenses and costs, intangible expenses and costs, or management fees that the corporation
pays, accrues, or incurs to a related member described in Paragraph (1) of this Subsection.
B. Nothing in this Section shall be construed to allow any item to be deducted more
than once, or to allow a deduction for any item that is excluded from income, or to allow any
item to be included in the Louisiana taxable income of more than one taxpayer.
NOTE: See Acts 2016, 1 st Ex.Sess., No. 16, §2, regarding applicability.