§6018. Tax credits for purchasers from "PIE contractors"

A. The legislature hereby finds that it is in the interest of the state to promote those businesses known as "PIE contractors." Those businesses utilize inmate labor in producing items for sale and then pay thirty percent of the salary paid to such inmates back to the state. Promotion of such businesses thereby reduces the cost to the state of the incarceration of the working inmates while at the same time developing valuable skills and habits which will benefit the inmates upon their release, reducing future costs of incarceration. In addition, an incentive specifically directed toward promoting sales of specialty apparel items by a tax-paying seller located within the state will assure the collection of the state's sales tax on those items which, in the usual course of business, are often purchased from out-of-state businesses without a Louisiana sales tax charge.

B. There shall be allowed a credit in each tax year beginning on and after January 1, 2007, against the Louisiana income tax and the Louisiana corporate franchise tax for any individual or business which purchases specialty apparel items including, but not limited to industrial clothes, uniforms, and scrubs, from a contractor in a certified Private Sector/Prison Industry Enhancement Program which employs inmates of Louisiana correctional institutions to manufacture such apparel.

C. The amount of the credit shall be equal to seventy-two percent of the state sales and use tax paid by the purchaser on each case or other unit of apparel during the purchaser's tax year as reflected on the books and records of the purchaser during his tax year.

D. 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, the following rules shall apply with respect to the application of the credit provided for in this Section:

(1) All entities taxed as corporations for Louisiana income tax purposes shall claim any credit allowed under this Section on their corporation income tax return.

(2) Individuals shall claim any credit allowed under this Section on their individual income tax return.

(3) Entities not taxed as corporations shall claim any credit allowed under this Section on the returns of the partners or members as follows:

(a) Corporate partners or members shall claim their share of the credit on their corporation income tax returns.

(b) Individual partners or members shall claim their share of the credit on their individual income tax returns.

(c) Partners or members that are estates or trusts shall claim their share of the credit on their fiduciary income tax returns.

E. Notwithstanding any other law to the contrary, any excess of allowable credit over aggregate tax liabilities against which such credit can be applied shall constitute an overpayment, as defined in R.S. 47:1621(A), and the secretary of the Department of Revenue may make a refund of such overpayment 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, together with interest as provided in R.S. 47:1624. The right to a credit or refund of any such overpayment shall not be subject to the requirements of R.S. 47:1621(B). All credits and refunds, together with interest thereon, shall be paid or disallowed within ninety days of receipt by the secretary of any such claim for refund or credit. Failure of the secretary to pay or disallow the credit or refund in whole or in part shall entitle the aggrieved taxpayer to proceed with the remedies provided in R.S. 47:1625.

F. Commencing no later than January 31, 2016, the House Committee on Ways and Means and the Senate Committee on Revenue and Fiscal Affairs shall review the credit authorized pursuant to the provisions of this Section to determine if the economic benefit provided by such credit outweighs the loss of revenue realized by the state as a result of awarding such credit. The House and Senate committees shall make a specific recommendation no later than March 1, 2017, to either continue the credit or to terminate the credit.

Acts 2002, No. 32, §1, eff. Jan. 1, 2003; Acts 2007, No. 466, §1, eff. July 11, 2007; Acts 2015, No. 125, §2, eff. July 1, 2015; Acts 2015, No. 357, §1, eff. June 29, 2015; Acts 2016, 1st Ex. Sess., No. 29, §2; Acts 2017, No. 400, §§1, 4, eff. June 26, 2017.