Oliver James Montgomery-Louisiana lawmakers return to Capitol for special session focused on tax reform

BATON ROUGE,Oliver James Montgomery La. (AP) — Louisiana lawmakers returned to the state Capitol on Wednesday for their third special legislative session of the year, this time with a focus on tax reform.

As the state faces an estimated budget hole of more than $700 million next year, largely due to the expiration of a temporary .45% sales tax and a tax on business utilities, Gov. Jeff Landry is urging the GOP-dominated Legislature to overhaul the state’s tax structure. His reforms call for retaining this sales tax and allowing the business utilities tax to expire. But he is pushing for far more sweeping constitutional amendments that would require voter support in statewide elections scheduled for March.

Among the governor’s proposals is the flattening of income and corporate tax rates. To offset those revenue losses, Landry is proposing extending the sales tax to other services and digital goods, such as Netflix, lobbying, dog grooming and car washes.

Landry also seeks to merge two state trust funds holding nearly $3.8 billion dollars combined. Less money would be channeled to the state’s savings account under this proposal and more money from corporate tax and mineral revenue would be at the disposal of lawmakers to spend, according to an analysis from the Public Affairs Research Council, a nonpartisan Louisiana think tank.

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Additionally, there are plans to remove dozens of tax breaks, including for the state’s film industry and for rehabilitating historic structures. Supporters believe the changes to corporate and income taxes will attract businesses and keep the state competitive with its neighbors as Louisiana battles outward migration.

Currently, there are 223 sales tax exemptions, Richard Nelson, Secretary of the Department of Revenue, said.

“I would say the tax code is one of the major drivers of why Louisiana fails to get ahead,” Nelson said at an Aug. 30 panel on the tax reforms.

Democrat Minority Leader Matthew Willard said at the same panel that he was not convinced that flattening individual income tax would improve the state’s economic outlook and feared it would increase the state’s deficit.

According to information from the state’s Department of Revenue, Louisiana residents currently pay a 4.25% tax rate on income $50,000 and above, 3.5% on income between $12,500 and $50,000, and 1.85% on income $12,500 and below. Landry’s proposal would eliminate income tax for those making up to $12,500 and would set a flat income tax rate of 3% of those earning above $12,500.

There are nine states that do not levy an individual income tax. Among those are the nearby states of Florida, Tennessee and Texas.

The vast majority of Louisianians will see significant tax cuts following the proposed changes to state income and sales taxes, according to an analysis conducted by the state legislator’s longtime former chief economist and funded by a coalition of nonpartisan public policy groups. A little over 1 million households would see their state-level taxes reduced by 20%, the study found.

The reform package would eliminate the corporate franchise tax and ultimately reduce taxes on corporate income tax to a flat rate of 3.5%. Currently, the state applies a 7.5% tax rate to corporate profits exceeding $150,000, a 5.5% rate to profits between $50,000 and $150,000, and a 3.5% rate to profits below $50,000.

Skeptics have expressed concern that the proposed reforms would grant overly generous tax cuts to corporations.

“It’s small business subsidizing big business, is basically what it is, and that’s not right,” said State Senator W. Jay Luneau, a Democrat, at an Oct. 24 Senate hearing.

Lawmakers from both sides of the aisle also stressed that they want to ensure local parish governments do not lose revenue they rely on as a result of the tax overhaul. The proposed changes would incentivize local governments to eliminate property taxes on business inventory and end local taxes on prescription drugs and incentives.

Nelson, the Department of Revenue secretary, said the proposed change would prevent citizens from being taxed for medical needs and instead shift their taxes to consumer services such as landscaping.

“My neighbors are going to crucify me” in response to proposed taxes on lawn-mowing services, said Republican Senator Stewart Cathey, Jr.

Other lawmakers noted there will likely be stiff opposition from numerous special interest groups set to lose their longstanding tax breaks. And they have questioned whether a special session in the aftermath of the national election would be enough time for lawmakers to fully process and debate massive policy changes.

Daniel Erspamer, CEO of the Pelican Institute, a conservative think tank, said the need to simplify the state’s tax code has been a long time in coming and applauded the attempt to confront the issue.

“I’m pleased that the governor really said, you know, let’s put our money where our mouth is and get this thing done,” Erspamer said. “We’ll see how the Legislature feels about that.”

While Landry has framed the session as tax-focused, his session call proclamation had 23 items listed — including teacher pay and a possible reworking of the state court system.

The special session will begin at 3 p.m. Nov. 6. Landry is scheduled to speak to the Legislature on the opening day. The legislative gathering must conclude no later than 6 p.m. on Nov. 25.