La. Admin. Code tit. 13 § I-3923

Current through Register Vol. 50, No. 11, November 20, 2024

Section I-3923 - Application

A. An international business entity submitting an application is eligible to receive tax credits for certified tonnage following preliminary certification by LED, certification of significant positive economic benefit by the COA, approval of JLCB, approval by SBC and final certification by LED.

B. No applications will be received for import-export tax credits prior to July 1, 2014.

C. Applications may be filed after January 1 of each year for qualified cargo shipped during the immediately preceding calendar year.

D. No more than one application may be filed by an applicant for a calendar year, and shall include all qualified cargo for that calendar year

E. The application shall include the following information:

1. a verified statement of baseline tonnage;

2. a verified statement of qualified cargo specifically including:

a. total annual volume and tons of breakbulk or containerized cargo exported from or imported to a Louisiana facility;

b. all shipping Louisiana expenditures directly associated with imports or exports through Louisiana public ports, and general freight charges, or a distribution of those expenditures that can be identified as Louisiana expenditures across the following six key shipping-related categories:

i. international shipping, which are those Louisiana expenditures for shipping between the Louisiana port and international locations such as pilotage, tugs, harbor fees, linement and dockage;

ii. water transportation, which are those Louisiana expenditures for intrastate shipping by barge or other vessel;

iii. truck transportation, which are those Louisiana expenditures for intrastate transportation by road;

iv rail transportation, which are those Louisiana expenditures for intrastate transportation by rail;

v. warehousing and storage, which are those Louisiana expenditures for wharfage, stevedoring, drayage, warehousing, storage, and other loading and unloading charges;

vi. blast freezing, which are those specific Louisiana expenditures for freezing or other cold storage;

c. any additional information required by LED.

3. The applicant must retain documentation supporting the information in the verified statement for a three-year period. Upon good cause, all books and records of the applicant relating to the application shall be subject to audit by LED, at applicants expense.

F. An application fee equal to 0.5 percent (0.005) times the total anticipated tax incentive, with a minimum application fee of $500 and a maximum application fee of $15,000, shall be submitted with each application for import-export credits. The fee shall be made payable to Louisiana Economic Development.

La. Admin. Code tit. 13, § I-3923

Promulgated by the Department of Economic Development, Office of the Secretary, LR 402239 (11/1/2014), Amended LR 42223 (2/1/2016).

Section 3999 below is applicable to both Subchapter A and B.

AUTHORITY NOTE: Promulgated in accordance with R.S. 47:6036.