2011 Louisiana Laws
Revised Statutes
TITLE 51 — Trade and commerce
RS 51:2455 — Incentive rebates

§2455. Incentive rebates

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 the Department of Economic Development through the use of information provided to it by the Louisiana Workforce Commission. 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, as amended,1 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, as amended,2 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, as amended.3 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 the Department of 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.

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 five new direct jobs which equals or exceeds five hundred 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 fifty 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, the Department of 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 the Department of Economic Development to show its continued eligibility for the rebates, as provided in R.S. 51:2457. The employer may be audited by the Department of Economic Development to verify such eligibility. The approved contract between the employer and the Department of 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.

Acts 1995, No. 1238, §1, eff. July 1, 1995; Acts 1996, 1st Ex. Sess., No. 39, §1, eff. May 7, 1996; Acts 2000, No. 46, §2, eff. June 28, 2000; Acts 2002, 1st 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.

1 R.S. 47:1 et seq.; R.S. 47:2171 et seq.

2 26 U.S.C.A. §1361 et seq.

3 R.S. 47:1 et seq.