§ 47:6042 — Credits; qualifying foster care charitable organizations

Louisiana § 47:6042

• Jurisdiction: Louisiana
• Title 47: Revenue and Taxation

Text

§6042. Credits; qualifying foster care charitable organizations
A.(1)(a) There shall be allowed a nonrefundable income tax credit for donations a
Louisiana taxpayer makes during a taxable year to a qualifying foster care charitable
organization. The amount of the credit shall be equal to the actual amount of the donation
used by the foster care organization to provide services to qualified individuals, or fifty
thousand dollars, whichever is less.
(b) The total amount of credits granted by the department pursuant to the provisions
of this Section shall not exceed five hundred thousand dollars per calendar year. The
granting of credits shall be on a first-come, first-served basis. If the total amount of credits
claimed in any particular calendar year exceeds the amount of tax credits authorized for that
year, the excess shall be treated as having been applied for on the first day of the subsequent
year. All requests received on the same business day shall be treated as received at the same
time, and if the aggregate amount of the requests received on a single business day exceeds
the total amount of available tax credits, tax credits shall be approved on a pro rata basis.
(c) The credit may be used in addition to any federal tax credit or deduction earned
for the same donation. However, a taxpayer shall not receive any other state tax credit,
exemption, exclusion, deduction, rebate, or any other state tax benefit for a donation for
which the taxpayer has received a tax credit pursuant to this Section.
(2) If the tax credit earned pursuant to this Section exceeds the total tax liability of
a taxpayer in the taxable year, the amount of the credit not used as an offset against the
taxpayer's tax liability in the taxable year may be carried forward as a credit against
subsequent income tax liabilities for a period not to exceed five taxable years.
B. Repealed by Acts 2025, No. 349, §2, eff. June 20, 2025.
C.(1) No later than the next January thirty-first following approval by the department
and annually thereafter no later than January thirty-first, each foster care organization shall
file a report with the department prepared by an independent certified public accountant who
is not related to a donor or affiliated with the foster care organization.
(2) Each report required pursuant to Paragraph (1) of this Subsection shall contain
the following:
(a) A certification that the organization continues to meet the requirements of this
Section.
(b) The name, social security number, address, and Louisiana and federal taxpayer
identification numbers of each person who made a donation to the foster care organization
during the prior calendar year.
(c) The amount of each donation received during the prior calendar year.
(d) The amount of each donation utilized during the prior calendar year to provide
services to qualified individuals and the services provided.
(e) Any other information or documentation required by the department.
D.(1) A qualifying foster care charitable organization shall issue to each person from
whom the organization receives a donation a receipt that meets the requirements of
Paragraph (2) of this Subsection. A taxpayer shall provide a copy of the receipt to the
department when claiming the credit authorized by this Section.
(2) The receipt required by this Subsection shall contain all of the following
information:
(a) The name of the organization.
(b) The actual amount of the donation that was used by the foster care organization
to provide services to qualified individuals.
(c) A statement that no goods or services were provided by the organization in return
for the contribution; or, if goods or services were provided, a description and good faith
estimate of the value of the goods or services or a statement that the goods or services
consisted entirely of intangible religious benefits.
(d) The name and federal employer identification number or last four digits of the
social security number of the taxpayer making the donation.
E.(1) The secretary of the department may promulgate rules in accordance with the
provisions of the Administrative Procedure Act to implement the provisions of this Section.
(2) The Department of Children and Family Services shall, on or before the
thirty-first day of January of each calendar year, submit a report to the secretary of the
Department of Revenue listing all qualifying foster care charitable organizations that held
a valid, unsuspended license issued by the Department of Children and Family Services
during the prior calendar year. The report shall be in electronic format and contain the foster
care organization's name and federal employer identification number or Louisiana
Department of Revenue account number.
F. For purposes of this Section, the following words shall have the following
meanings unless the context clearly indicates otherwise:
(1) "Department" means the Department of Revenue.
(2) "Louisiana taxpayer" or "taxpayer" means a person who is required to file a
Louisiana income tax return.
(3) "Qualified individual" means a child in a foster care placement program
established by the Department of Children and Family Services.
(4) "Qualifying foster care charitable organization" or "foster care organization"
means an organization licensed by the Department of Children and Family Services as a child
placing agency to provide adoption and foster care services.
(5) "Services" means cash assistance, medical care, child care, food, clothing, shelter,
job placement, and job-training services or any other assistance reasonably necessary to meet
immediate basic needs that are provided to a qualified individual and used in Louisiana.

Legislative History

Acts 2021, No. 378, §1, eff. Jan. 1, 2022; Acts 2025, No. 349, §§1, 2, eff. June 20, 2025.