RS 2455 - Quality jobs incentive rebates
NOTE: Subsection A as amended by Acts 2015, No. 126, §2, eff. through June 30, 2018. See Acts 2016, 1st 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 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.
(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 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.
NOTE: Subsection A as amended by Acts 2015, No. 126, §3, eff. through June 30, 2018. See Acts 2016, 1st 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 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, 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 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.
(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 the request for extension is received by the Department of 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, 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.
I. Due to the impacts of COVID-19 and hurricanes Laura and Delta, the Department of 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.
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; Acts 2015, No. 126, §2, eff. July 1, 2015; §3, eff. July 1, 2018; Acts 2016, 1st Ex. Sess., No. 28, §2, eff. April 1, 2016; Acts 2017, No. 386, §3, eff. June 23, 2017; Acts 2018, 2nd Ex. Sess., No. 11, §1, eff. June 12, 2018; Acts 2020 1st Ex.Sess., No. 23, §1, eff. July 1, 2020; Acts 2020, 2nd Ex. Sess., No. 41, §1, eff. Oct. 28, 2020.
NOTE: See Acts 2018 2nd Ex. Sess., No. 11, §§2 and 4.