§ 51:2455 — Quality jobs incentive rebates

Louisiana § 51:2455

• Jurisdiction: Louisiana
• Title 51: Trade and Commerce

Text

§2455. Quality jobs incentive rebates
NOTE: Subsection A as amended by Acts 2015, No. 126, §2, eff. through June 30,
2018. See Acts 2016, 1 st E.S., No. 28.
A.(1) An employer who has entered into a contract may receive a rebate for the
taxable periods specified in the contract entered into pursuant to the provisions of this
Chapter in an amount which shall be equal to the benefit rate as defined in R.S. 51:2453(1),
multiplied by the gross payroll, as defined in R.S. 51:2453(3), of new direct jobs as defined
in R.S. 51:2453(4), for the taxable period as verified by Louisiana Economic Development
through the use of information provided to it by Louisiana Works. In no instance shall a
rebate be determined by multiplying the value of the health care benefits by the benefit rate.
(2) For projects for which an advance notification was filed on or after July 1, 2015,
pursuant to this Section, no rebate shall exceed the amount of the benefit rate as defined in
R.S. 51:2453(1), multiplied by eighty percent of the gross payroll, as defined in R.S.
51:2453(3), of new direct jobs as defined in R.S. 51:2453(4), for the taxable period as
verified by Louisiana Economic Development through the use of information provided to it
by Louisiana Works. In no instance shall a rebate be determined by multiplying the value
of the health care benefits by the benefit rate.
NOTE: Subsection A as amended by Acts 2015, No. 126, §3, eff. through June 30,
2018. See Acts 2016, 1 st E.S., No. 28.
A. An employer who has entered into a contract may receive a rebate for the taxable
periods specified in the contract entered into pursuant to the provisions of this Chapter in
an amount which shall be equal to the benefit rate as defined in R.S. 51:2453(1), multiplied
by the gross payroll, as defined in R.S. 51:2453(3), of new direct jobs as defined in R.S.
51:2453(4), for the taxable period as verified by Louisiana Economic Development through
the use of information provided to it by Louisiana Works. In no instance shall a rebate be
determined by multiplying the value of the health care benefits by the benefit rate.
B. Notwithstanding anything to the contrary in either Chapter 1 or Chapter 5 of
Subtitle II of Title 47 of the Louisiana Revised Statutes of 1950, the following rules shall
apply with respect to the application of the rebate allowed in Subsection A of this Section:
(1) The incentive rebate allowed a corporation classified under Subchapter S of the
Internal Revenue Code of 1954 (26 U.S.C. 1361 et seq.) as an S corporation shall be paid to
the S corporation entity and not the individual shareholders of the corporation.
(2) The incentive rebate allowed a partnership, limited liability partnership, or
limited liability company shall be paid to such entity and shall not be paid to the individual
partners or members of such entity.
C. Notwithstanding any other provision of law to the contrary in Title 47 of the
Louisiana Revised Statutes of 1950, as amended, the secretary of the Department of Revenue
shall make the rebate authorized in this Section from the current collections of the taxes
imposed by Chapter 1 or Chapter 5 of Subtitle II of Title 47 of the Louisiana Revised
Statutes of 1950. The right to such rebate shall not be subject to the requirements of R.S.
47:1621(B).
D.(1) In order to receive a contract for the rebate pursuant to the provisions of this
Chapter, an employer shall apply to Louisiana Economic Development. The application
shall be on a form prescribed by the department and shall contain such information as may
be required by the department to determine if the applicant is qualified.
(2) The application shall contain a sworn statement by a duly authorized officer of
the employer listing the names of persons or other entities who have received or who will
receive any payment or other consideration from the employer for the purpose of representing
the employer in applying for or receiving the benefits provided for in this Chapter.
(3) Applications shall be filed no later than twenty-four months after the filing of the
advance notification, except as follows:
(a) For advance notifications filed on or after January 1, 2014, and before January 31,
2014, applications may be filed at any time prior to January 31, 2016.
(b) For advance notifications filed on or after June 1, 2015, and before July 1, 2015,
applications may be filed at any time before January 1, 2018.
(c) Upon request, the business shall receive a thirty-day extension of time in which
to file its application, provided that the request for extension is received by Louisiana
Economic Development no later than the filing deadline.
E. In order to qualify to receive such rebate, the employer applying shall be required
to:
(1) Have an annual gross payroll for a minimum of fifteen new direct jobs which
equals or exceeds six hundred seventy-five thousand dollars for the employer's fiscal year for
which the employer is applying for his third annual rebate. Employers with no more than
fifty employees shall have an annual gross payroll for a minimum of five new direct jobs
which equals or exceeds two hundred twenty-five thousand dollars for the employer's fiscal
year for which the employer is applying for his third annual rebate.
(2) Have a number of full-time employees working an average of thirty or more
hours per week in new direct jobs equal to or in excess of seventy percent of the total number
of new direct jobs in order to qualify.
F. The department shall determine if the applicant is qualified to receive rebates
authorized in this Chapter.
G. Upon approval of such an application, Louisiana Economic Development shall
notify the Department of Revenue and shall provide it with a copy of the application. The
Department of Revenue may require the qualified employer to submit such additional
information as may be necessary to administer the provisions of this Chapter. The approved
employer shall file applications for rebates with Louisiana Economic Development to show
its continued eligibility for the rebates, as provided in R.S. 51:2457. The employer may be
audited by Louisiana Economic Development to verify such eligibility. The approved
contract between the employer and Louisiana Economic Development shall authorize the
continued rebate as long as the employer retains its eligibility as defined in and established
pursuant to this Section and R.S. 51:2453 and 2457 and within the limitations contained in
this Chapter, as it existed at the time of such approval.
H. An employer's benefit rate shall be determined annually using employer
information from the employer's fiscal year for which the rebate is claimed.
I. Due to the impacts of COVID-19 and hurricanes Laura and Delta, Louisiana
Economic Development shall provide an option to employers with an active agreement to
extend the third annual rebate filing period required in Subsection E of this Section for an
additional twelve months. This option shall be available only to employers that have an
executed quality jobs incentive rebate contract with a due date impacted by COVID-19
Emergency Proclamations, Hurricane Laura, or Hurricane Delta and that notify the
department of their preference in writing prior to the original certification due date, but not
later than December 31, 2021. Notification to the department shall be in a manner consistent
with the provisions of their existing contract.
NOTE: See Acts 2018 2 nd Ex. Sess., No. 11, §§2 and 4.

Legislative History

Acts 1995, No. 1238, §1, eff. July 1, 1995; Acts 1996, 1 st Ex. Sess., No. 39, §1, eff. May 7, 1996; Acts 2000, No. 46, §2, eff. June 28, 2000; Acts 2002, 1 st Ex. Sess., No. 153, §1, eff. May 1, 2002; Acts 2007, No. 387, §1, eff. July 10, 2007; Acts 2008, No. 743, §7, eff. July 1, 2008; Acts 2011, No. 353, §1, eff. June 29, 2011; Acts 2015, No. 126, §2, eff. July 1, 2015; §3, eff. July 1, 2018; Acts 2016, 1 st Ex. Sess., No. 28, §2, eff. April 1, 2016; Acts 2017, No. 386, §3, eff. June 23, 2017; Acts 2018, 2 nd Ex. Sess., No. 11, §1, eff. June 12, 2018; Acts 2020 1 st Ex.Sess., No. 23, §1, eff. July 1, 2020; Acts 2020, 2 nd Ex. Sess., No. 41, §1, eff. Oct. 28, 2020.