La. Admin. Code tit. 61 § V-1701

Current through Register Vol. 50, No. 6, June 20, 2024

Section V-1701 - Guidelines for Ascertaining the Fair Market Value of Inventories

A. Definition of Inventory. The term inventory is defined as the aggregate of those items of tangible personal property which are:

1. held for sale in the ordinary course of business;

2. are currently in the process of production for subsequent sale;

3. are ultimately to be consumed in the production of the goods or services to be available for sale; or

4. are utilized in marketing or distribution activities.

B. The term inventory embraces the following:

1.goods awaiting sale-goods or commodities awaiting sale which include, but, are not limited to: the merchandise of a retail or wholesale concern; the finished goods of a manufacturer; commodities from farms, mines and quarries; goods which are used or trade-in merchandise and by-products of a manufacturer;

2.work in process-goods or commodities which are in the course of production, i.e., work in process;

3.raw materials and supplies-goods which will be consumed or used in either the Louisiana manufacturing process or in any other manner by the taxpayer, directly or indirectly. This category would include, but, not be limited to: raw materials, supplies, repair parts, expendable tools and samples;

4. does not include oil stored in tanks held by a producer prior to the first sale of the oil. Oil stored in tanks held by a producer prior to the first sale of the oil, shall not be subject to ad valorem tax.

C. Inventory Records. The law provides that: all persons, engaged in business in the state, whose gross sales shall be in excess of $15,000, shall make and keep an inventory of their merchandise, fixtures, machinery, equipment and other assets within the state showing the quantity, description and value thereof as of the first day of January of each year; such persons shall likewise make and keep on hand a true and accurate record of all other business transactions had in connection with their stores, mercantile or manufacturing establishments.

Note: See addendum for record requirements.

D. Inspection of Inventories and Records

1. The law provides that: these inventories and records shall be separately made for and kept on hand in each store or establishment within the state. The inventories and records for more than one establishment belonging to the same person may be kept for inspection at one place of business within the state.

2. Such records shall be open for inspection by the tax assessor or any of his deputies, or any other taxing authority, at any reasonable time and shall be made in such a manner as to segregate the stores or establishments from each other and from those in other parishes.

3. Information as to the place where such inventories and records are kept shall be given the tax assessor and deputies and other taxing authorities on demand.

4. When demanded by one of the officers, the inventories and records shall be produced and the officers afforded the opportunity to make a complete and thorough examination of the inventory and records for the purpose of ascertaining the proper assessment to be made on the property of such person.

E. Preservation of Inventory Records. The law provides that: the inventories and records herein provided to be made and kept on hand as herein provided for a period of three years from December 31 of the year for which they were made or kept (R.S. 47:1961).

F. Reporting of Inventory. All persons, engaged in a business in the state, shall report, on LAT Form 5, a full and accurate disclosure of all merchandise on hand without respect as to whether or not all items are recorded on the person's accounting records. Reported inventory shall be itemized in specific detail, showing the quantity, description, and value.

NOTE: See addendum for reporting requirements.

G. Inventory Values. The law provides that: in the assessment of merchandise or stock in trade on hand, the inventory value of the merchandise shall be ascertained by computing the cost or purchase price at the point of origin, plus the carrying charges to the point of destination, and the average value as so determined during the year preceding the calendar year in which the assessment is made shall be the basis for fixing the assessed value (R.S. 47:1961).

H. Assessment of Inventory. The assessed value shall be based upon 15 percent of the average inventory cost for the preceding calendar or fiscal year. Any inventory that existed less than a full year shall be averaged for the months it had situs at the reported location. However, this does not mean to annualize the monthly inventory costs if less than 12 months are used to calculate the average inventory to be assessed.

NOTE: See addendum for assessment guidelines.

La. Admin. Code tit. 61, § V-1701

Promulgated by the Department of Revenue and Taxation, Tax Commission, LR 8:102 (February 1982), amended LR 13:188 (March 1987), LR 23:207 (February 1997), amended by the Department of Revenue, Tax Commission, LR 31:719 (March 2005), Amended by the Office of the Governor, Division of Administration, Tax Commission, LR 43656 (4/1/2017).

AUTHORITY NOTE: Promulgated in accordance with R.S. 47:1837, R.S. 47:2322, and Louisiana Constitution, Article VII §4(B).