Louisiana HB 386: TAX CREDITS: Establishes a tax credit for infant adoptions and the Strong Louisiana Families Tax Credit for donations to certain social service organizations (OR -$16,900,000 GF RV See Note)

Bill Text

HLS 23RS-638 ORIGINAL
2023 Regular Session
HOUSE BILL NO. 386
BY REPRESENTATIVE BEAULLIEU
TAX CREDITS: Establishes a tax credit for infant adoptions and the Strong Louisiana
Families Tax Credit for donations to certain social service organizations
1 AN ACT
2 To amend and reenact R.S. 47:297.21(A) and (C), to enact R.S. 47:297.21(D) and Chapter
3 3-A of Subtitle VII of Title 47 of the Louisiana Revised Statutes of 1950, to be
4 comprised of R.S. 47:6311 through 6318, and to repeal R.S. 47:293(9)(a)(xxiv),
5 relative to income tax credits; to authorize an income tax credit for certain infant
6 adoptions; to repeal an income tax deduction for those adoptions; to provide for the
7 amount of the infant adoption credit; to provide for refundability of the infant
8 adoption credit; to authorize an income tax credit for donations to certain charitable
9 organizations that provide social services; to name the credit the Strong Louisiana
10 Families Tax Credit; to establish the tax credit as a nonrefundable credit; to provide
11 for the amount of the credit; to authorize carrying forward of the credit; to provide
12 for claiming of the credit by corporations, individuals, estates, trusts, and partners
13 and members of entities not taxed as corporations; to provide for qualifications for
14 the credit; to provide for designation by the Department of Children and Family
15 Services of charitable organizations eligible to receive contributions qualifying for
16 the credit; to establish other duties of the Department of Children and Family
17 Services with respect to the credit; to establish duties of charitable organizations
18 receiving contributions qualifying for the credit; to provide for limitations with
19 respect to eligible charitable organizations; to provide for restrictions with respect
20 to eligible contributions; to require the secretaries of the Department of Revenue and
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions.

HLS 23RS-638 ORIGINAL
HB NO. 386
1 the Department of Children and Family Services, respectively, to promulgate
2 administrative rules; to provide for definitions; to provide for applicability; to
3 provide for termination; to provide for an effective date; and to provide for related
4 matters.
5 Be it enacted by the Legislature of Louisiana:
6 Section 1. R.S. 47:297.21(A) and (C) are hereby amended and reenacted and R.S.
7 47:297.21(D) and Chapter 3-A of Subtitle VII of Title 47 of the Louisiana Revised Statutes
8 of 1950, comprised of R.S. 47:6311 through 6318, are hereby enacted to read as follows:
9 §297.21. Tax deduction credit; private adoption of certain infants
10 A.(1) There shall be allowed a deduction from tax table income a refundable
11 credit against the tax imposed by this Chapter for a taxpayer who adopts an infant
12 who is unrelated to the taxpayer and who is less than one year of age through a
13 private agency as defined in Children's Code Article 1169 or adopts an infant who
14 is unrelated to the taxpayer and who is less than one year of age through an attorney.
15 For purposes of this Section, the age of the infant shall be determined at the time of
16 the adoption placement. The amount of the deduction credit authorized by this
17 Section shall be equal to five thousand dollars and shall be applicable apply in the
18 year the adoption becomes final. The amount of the deduction credit authorized by
19 this Section shall not exceed the total taxable income of the taxpayer.
20 (2) The deduction authorized pursuant to the provisions of credit authorized
21 by this Section shall be in lieu of the dependency deduction authorized in R.S.
22 47:294.
23 * * *
24 C. If the amount of the credit authorized pursuant to the provisions of this
25 Section exceeds the amount of the taxpayer's tax liability for the taxable year, the
26 excess tax credit amount shall constitute an overpayment as defined in R.S.
27 47:1621(A), and the secretary of the Department of Revenue shall make a refund of
28 the overpayment from the current collections of the taxes imposed pursuant to this
29 Chapter. The right to a refund shall not be subject to the requirements of R.S.
30 47:1621(B).
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions.

HLS 23RS-638 ORIGINAL
HB NO. 386
1 D. The secretary of the Department of Revenue may promulgate rules in
2 accordance with the Administrative Procedure Act to implement the provisions of
3 this Section, including rules related to the submission of documentation when
4 claiming the deduction credit.
5 * * *
6 CHAPTER 3-A. STRONG LOUISIANA FAMILIES TAX CREDIT
7 §6311. Definitions
8 For purposes of this Chapter, the following terms shall have the meanings
9 ascribed to them in this Section:
10 (1) "Eligible charitable organization" means an organization designated by
11 the Department of Children and Family Services as eligible to recei