La. Admin. Code tit. 13 § I-1911

Current through Register Vol. 50, No. 9, September 20, 2024

Section I-1911 - Application Procedure

A. Prior to the formal announcement, an "advance notification" of intent to file for Tax Equalization must be filed with the Office of Business Development Services. The company will submit, on forms provided by the Office of Business Development Services, a comparison of taxes for all sites under consideration.

B. The secretary of the Department of Economic Development, after review of the advance notification shall recommend to the governor that a written invitation to submit an application be extended to the company. The written invitation of the governor must be received before an application is submitted.

C. At the invitation of the governor an application, on forms furnished by the Office of Business Development Services, may be filed with the Office of Business Development Services. Upon staff review, the analysis and recommendation of the staff is presented to the Louisiana Board of Commerce and Industry.

D. The Board of Commerce and Industry shall review any recommendations for exemptions made by the Office of Business Development Services. All Commerce and Industry Board action on applications will be made at regularly scheduled meetings. If the Board of Commerce and Industry concurs in the recommendation it shall forward the recommendation together with all supporting documents to the Louisiana Department of Revenue.

E. The Department of Revenue shall within 10 days after receipt of the notice file in writing with the Board of Commerce and Industry any objections it has to granting the exemption.

F. If no objection is made, the Board of Commerce and Industry shall send the recommendation to the governor with a finding that no objection was filed by the Department of Revenue. If any such objection is made, the Board of Commerce and Industry shall hold a contradictory hearing to determine whether such exemption should be granted and the Board of Commerce and Industry shall act as arbitrator at such hearing. The Board of Commerce and Industry shall make its recommendations in writing to the governor for a final determination.

G. The Board of Commerce and Industry, with the approval of the governor, may enter into a contract of tax equalization with the new manufacturing establishment.

H. All contracts for tax equalization shall contain goals for new or retained employment, investment, and growth.

I. All information submitted will be held in confidence to the fullest extent permitted by the public records law.

La. Admin. Code tit. 13, § I-1911

Promulgated by the Department of Economic Development, Office of Commerce and Industry, LR 15:1047 (December 1989), amended by the Department of Economic Development, Office of Business Development, LR 37:3502 (December 2011).

AUTHORITY NOTE: Promulgated in accordance with R.S. 47:3201-3206.