Enlarge image | IT-541i (1/24) General Information and Instructions for Completing Form IT-541 Fiduciary Income Tax Return Who Must File a Return even if the decedent was domiciled in another state at the time Louisiana Revised Statute (R.S.) 47:162 provides that every of death. Any trust instrument that does not specify as to which resident estate or trust and every nonresident estate or trust state’s governing law prevails and that is administered in this state deriving income from Louisiana sources is liable for an income tax is considered a resident trust. under the following guidelines: Nonresident Bankruptcy Estate – A bankruptcy estate formed for 1. The net income of an estate or trust for the taxable year is a debtor for which a petition for relief has been filed and granted $2,500 or more; under the Bankruptcy Code with any bankruptcy court not located 2. The gross income of an estate or trust for the taxable year is in Louisiana. $6,000 or more, regardless of the amount of net income; Nonresident Estate – The estate of a decedent who was not 3. The beneficiary of an estate or trust is a nonresident of domiciled in Louisiana at the time of death. Louisiana. Nonresident Trust – Any trust that is not considered to be a resident Grantor trusts, defined in R.S. 47:187 are also required to file a trust. If the trust instrument provides that the trust is governed by return if any part of the net Louisiana income is taxable to the trust another state’s law, the trust is considered to be a nonresident trust or to the nonresident beneficiaries of the grantor trust. even if the decedent was domiciled in Louisiana at the time of death. Definitions Foreign Estates and Trusts Located Outside the United States Bankruptcy Estate – An estate formed for a debtor for which a Foreign estates and trusts located outside the United States are petition for relief has been filed and granted under chapter 7 or generally not required to file a United States fiduciary income chapter 11 of title 11 of the United States Code (“Bankruptcy Code”). tax return. However, if the estate or trust derived income from • If the debtor is an individual, the bankruptcy estate is treated Louisiana sources, the filing of a Louisiana fiduciary income tax under federal law, and thus Louisiana, as a separate taxable return is required. The tax is imposed in the same manner as any entity. other nonresident estate or trust. An alternate method of imposing the tax provided under R.S. 47:300.3(3) allows estates and trusts • A separate taxable entity is not created if a partnership or located outside the United States to elect to be taxed on total gross corporation files a petition under any chapter of title 11 of the income from Louisiana sources at the rate of 5%. If this election is U.S. Bankruptcy Code. being made, enter a "1" in the box on Line 7. Fiduciary – Any person, firm, partnership, or association in whom Fiduciary Responsibility a legal or ethical relationship of trust is established between two or As an entity in whom a relationship of trust is established to manage more parties to manage and protect property or money. A fiduciary and protect property and money, the fiduciary is responsible for the will have sufficient knowledge of the affairs of the trust or estate to preparation and filing of a true and correct return. R.S. 47:300.5 enable the preparation and filing of a true and correct return. provides that the fiduciary of an estate or trust is personally liable Foreign Estate – Estates located outside the United States that for the payment of all taxes, penalties, and interest due by the derive income from Louisiana sources but are not required to file estate or trust. The tax liability imposed on any beneficiary of the United States fiduciary income tax returns. estate and trust is not the responsibility of the fiduciary. Foreign Trust – Trusts located outside the United States that derive Income Taxed To Fiduciary income from Louisiana sources but are not required to file United Under the provisions of R.S. 47:181 and R.S. 47:300.2, the income States fiduciary income tax returns. tax imposed on an estate or trust for which a fiduciary will file applies to the Louisiana taxable income of estates or of any kind of Louisiana Taxable Income – R.S. 47:300.6 defines Louisiana property held in trust, including: taxable income of a resident estate or trust as the amount of income taxed in accordance with federal law for the same taxable year. 1. Income accumulated in trust for the benefit of unborn or R. S. 47:300.7 defines Louisiana taxable income of a nonresident unascertained persons or persons with contingent interests, estate or trust as the amount of income taxed in accordance with and income accumulated or held for future distribution under federal law earned within or derived from sources within Louisiana the terms of the will or trust; for the same taxable year. 2. Income that is to be distributed currently by the fiduciary to the Resident Bankruptcy Estate – A bankruptcy estate formed for a beneficiaries and income collected by a guardian of a minor debtor for which a petition for relief has been filed and granted under that is to be held or distributed as the court may direct; the Bankruptcy Code with any bankruptcy court located in Louisiana. 3. Income received by the estates of deceased persons during the period of administration or settlement of the estate; and, Resident Estate – The estate of a decedent who was domiciled in Louisiana at the time of death. 4. Income that, in the discretion of the fiduciary, may be either distributed to the beneficiaries or accumulated. Resident Trust – A trust or a portion of a trust created by the last will and testament of a decedent domiciled in Louisiana at the time NOTE: Include all income from Electing Small Business Trusts of death. If the trust instrument provides that the trust is governed (ESBTs) on this return. Also, there is no special tax calculation for by Louisiana law, the trust is considered to be a resident trust this income and no need to file a separate return. 1 |
Enlarge image | Tax Rates Applied to Louisiana Taxable Income an individual income tax return in Louisiana in the same taxable R.S. 47:300.1 provides the tax to be assessed, levied, collected, year it is earned, the individual is allowed to take the exclusion and paid upon the Louisiana taxable income of an estate or trust of the distributed income on their individual income tax return for shall be computed at the following rates: that taxable year. If the income is distributed to a corporation as a member, shareholder, or partner of an electing entity, the income is 1. 1.85% on the first $10,000 of Louisiana taxable income. taxable to the corporation. 2. 3.5% on the next $40,000 of Louisiana taxable income. 3. 4.25% on Louisiana taxable income in excess of $50,000. Electronic Filing Mandate Louisiana Administrative Code (LAC) 61:III.1509 requires the Information at Source electronic filing of the Form IT-541, if the return is filed with one or R.S. 47:164 provides that any person, firm, partnership, trust, more Schedule K-1s attached. corporation, or organization making payments totaling $1,000 or more during any taxable year for lease bonuses, delay rentals, mineral leases Due Date of the Fiduciary Return affecting lands located in Louisiana and rentals paid for real property A 2023 calendar year return is due on May 15, 2024. Fiscal year located in Louisiana to a nonresident individual or a firm, partnership, returns must be filed on or before the 15th day of the fifth month trust, corporation, or organization not located in Louisiana shall file after the close of the fiscal period. If the due date falls on a weekend an information return with the Secretary of Revenue on or before or legal holiday, the return is due the next business day. June 1 of the following year for each payee. The Federal Information Return Form (Form 1099) used for reporting such payments to the Where to File a Fiduciary Return Internal Revenue Service may be used for reporting the required Fiduciary returns must be filed with the Louisiana Department of information. A completed Federal Form 1099 should include: the name Revenue, P. O. Box 3440, Baton Rouge, Louisiana 70821-3440. and address of the entity receiving the payment, a Federal Employer DO NOT SEND CASH. Checks or money orders should be made Identification Number or the Social Security Number of the payor and payable to the Louisiana Department of Revenue. payee, and the amount and description of the payment made to the payee. Federal Form 1099 should be included with the filing of Form An electronic payment option is available on the LDR website at R-1203, L-3 Transmittal of Withholding Tax Statements. Informational www.revenue.louisiana.gov/latap. You can also pay your taxes by returns reporting other items of income that would normally appear on credit card over the internet or by telephone. Visit www.revenue. the Federal Form 1099 are required only upon the specific request of louisiana.gov for more information. the Secretary of Revenue. Extension of Time for Filing For this purpose, amounts distributable to beneficiaries will be If you know you cannot file your return by the due date, you do not reportable if the income shown on the fiduciary return is for lease need to file for an extension. You will automatically be granted an bonuses, delay rentals, or royalties from mineral leases affecting extension of six months to November 15, 2024. lands located in Louisiana and rentals paid for the use of real property located in Louisiana. Important: An extension does not relieve you of your obligation to pay all tax amounts due by the original due Annual Information Return of Service Recipient date. If you anticipate that you will owe additional tax on your R.S. 47:114.1 requires all service recipients who are required to return, then you should submit your payment with Form R-6466V, file Federal Form 1099-NEC with the IRS to file any Form 1099- Fiduciary Income Tax Electronically Filed Extension Payment NEC for services provided in Louisiana or for services performed Voucher, by May 15, 2024. An extension means only that you will by an individual residing in Louisiana at the time the services were not be assessed a delinquent filing penalty for filing your return performed with LDR. Form 1099-NEC can be filed electronically, after the due date but before the extended due date. Interest on or if you are filing less than 50, by paper with the filing of Form the additional tax due from the due date of the return and any R-91001, Annual Summary and Transmittal of Form 1099-NEC. See penalties will be assessed if applicable. If you file your return LDR's website for more information. after the extended due date, you will be assessed delinquent filing penalty from the original due date of the return. NOTE: No Electric and Hybrid Vehicle Road Usage Fee paper or electronic extension form needs to be filed to obtain the Louisiana imposes a road usage fee on the owner or lessee of automatic extension. an electric or hybrid vehicle registered and operated in Louisiana during the calendar year as provided by R.S. 32:461. The fee is Amended Returns dedicated to state and local transportation and development If you file your fiduciary income tax return and later become aware of funds and is to supplement the “road tax” paid on gas. The fee for any changes you must make, you must file an amended Louisiana 2023 is due on or before May 15, 2024 and is reported by filing return along with an explanation of the change(s) and a copy of the Form R-19000, Electric and Hybrid Vehicle Road Usage Fee. For federal amended return, if one was filed. The form should be clearly additional information, see LAC 61:I.5501. marked with an "X" in the "Amended Return" box. Pass-Through Entity Tax Election Federal Tax Adjustments If the income earned by an estate or trust as a member, R.S. 47:103(C) requires taxpayers whose federal returns are adjusted shareholder, or partner of an electing entity is included as income to furnish a statement disclosing the nature and amounts of such on the fiduciary income tax return, the trust or estate is allowed to adjustments within 60 days after the adjustments have been made and take the exclusion of the income on its income tax return. Resident accepted. This statement should accompany your amended return. estates or trusts should refer to the instructions for Lines 2D and 3D, nonresidents see Schedule A, Lines 4 and 5D. Rounding to Whole Dollars Round cents to the nearest whole dollar on Form IT-541. Total If the income earned by an estate or trust as a member, shareholder, prepayments, including any credit carried forward from last year, or partner of an electing entity is distributed to a beneficiary filing should also be rounded to the nearest whole dollar. 2 |
Enlarge image | Allocation and Apportionment of Net Income 540B does not need to be completed or attached to the Form IT- The Louisiana income tax is imposed upon only that part of the net 541. income of a nonresident estate or trust that is derived from sources within Louisiana. Nonresident estates and trusts are required to Special Filing Instructions for a Rapid Tax Determination Request allocate and apportion their income. Use Schedule A – Computation To request a rapid tax determination from LDR, the bankruptcy of Louisiana taxable income before income distribution deduction estate should mail a letter requesting a rapid tax determination of and Schedule B – Computation of apportionment percentage to the kind provided for by Bankruptcy Code Section 505(b)(2)), along calculate the amount of Louisiana taxable income before the with the tax returns for the covered tax periods to the department income distribution deduction. at: Special Filing Instructions for Bankruptcy Estates of an Louisiana Department of Revenue Individual Debtor Bankruptcy Section, Collection Division If a bankruptcy estate is filing Form IT-541 for an individual debtor, ATTN: Bankruptcy Section Supervisor a copy of Federal Form 1041 and the attached Form 1040, must be attached to the return. The Louisiana income tax for the fiduciary Post Office Box 66658 is calculated under the tax rates for fiduciaries. Form IT-540 or IT- Baton Rouge, Louisiana 70896-6658 INSTRUCTIONS FOR COMPLETING FORM IT-541 About this Form Change” box when filing your return, or can be submitted by The return has been designed for electronic scanning, which permits accessing your account at www.revenue.louisiana.gov/latap. Mark faster processing with fewer errors. In order to avoid unnecessary all applicable boxes indicating whether the trust is a resident trust delays caused by manual processing, taxpayers should follow the or a nonresident trust and whether the return being filed is an initial guidelines listed below: return, an amended return, a final return, or a short period return. 1. Enter amounts only on those lines that are applicable. Indicate the date the entity was created and the fiduciary's six digit 2022 North American Industry Classification System (NAICS) 2. Use only a pen with black ink. Code in the spaces provided. Provide the number of Schedules 3. Because this form is read by a machine, enter your numbers K-1 and attach them to the return. Enter the code(s) that describes inside the boxes like this: the entity for which you are filing the return. In some cases more than one code should be entered. For each entity type checked on 0 1 2 3 4 5 6 7 8 9 X Federal Form 1041, Box A, enter the code(s) from the following list: 4. All numbers should be rounded to the nearest dollar. Numbers Code Entity Type should NOT be entered over the pre-printed zeros, in the boxes on the far right, which are used to designate cents (.00). A Decedent's Estate 5. For Lines 1 and 4, mark the box to the left of the entry field B Simple Trust if the amount is less than zero. Do not use a negative sign C Complex Trust or parentheses with the amount. For example, if your Federal D Qualified Disability Trust taxable income on Line 1 is a $10,000 loss, mark the box on E ESBT (S portion only) Line 1 and enter 10,000. F Grantor Type Trust 6. To avoid any delay in processing, use this form for 2023 only. G Bankruptcy Estate - Ch. 7 7. If you are filing an amended return, mark an “X” in the “Amended H Bankruptcy Estate - Ch. 11 Return” box on the face of the return. I Pooled Income Fund Period covered J Split-Interest Trust Mark the box to indicate a calendar year return or a fiscal year K Charitable Remainder Trust return. For fiscal year and 52 - 53 week filers, the dates on which the reported period begin and end must be plainly stated in the COMPUTATION OF INCOME appropriate space at the top of the return. The income tax period Line 1 – Federal Taxable Income before Modifications must be the same as that used for federal income tax purposes. Resident bankruptcy estates enter the taxable income amount reported on Line 15 of the Federal Form 1040 that is an attachment Returns for part of the year to the Federal Form 1041. Resident Electing Small Business Mark the appropriate box to indicate the filing of a short period Trusts (ESBT) enter the combined amount of the taxable return or a final return. For a short period return, the dates on which income of the S portion of the ESBT, and the amount reported the reported period begin and end must be plainly stated in the for the non-S portion on Federal Form 1041, Line 23. All other appropriate space at the top of the return. The income tax period resident trusts and resident estates enter the taxable income must be the same as that used for federal income tax purposes. amount reported on Federal Form 1041, Line 23. Information Required If the estate or trust is a nonresident estate or trust, DO NOT Provide the LDR Account Number for the Estate or Trust, its Federal complete Lines 1 through 3G. Complete Schedule A – Identification Number, and the legal name of the estate or trust. Two Computation of Louisiana Taxable Income before Income lines are provided for the name. Provide the mailing address, city, Distribution Deduction and Schedule B - Computation of state, and zip code. If there is a change in your address since last Apportionment Percent, if any of the net income is subject to year’s return, mark an “X” in the “Address Change” box. A direct apportionment. See instructions for Schedule A. address change can be accomplished by marking the “Address 3 |
Enlarge image | ADDITIONS and the pro forma Federal Form 1041. If the difference is a loss, the loss must be added to your federal taxable income on this line. Line 2A – Net Income Tax Paid to any State or Political or Municipal Subdivision Line 2E – Federal Exemption Enter the amount of net income tax paid to any state, political, Resident bankruptcy estates enter zero "0" on this line. Resident or municipal subdivision that was deducted in the calculation of trusts, and all other resident estates, enter the exemption amount federal taxable income. reported on Federal Form 1041, Line 21. Line 2B – Interest Income from other States and their Political Line 2F – Federal Income Distribution Deduction or Municipal Subdivisions Resident bankruptcy estates enter zero. Resident trusts, and all other Enter the amount of interest on obligations of a state, political, or resident estates, enter the amount from Federal Form 1041, Line 18. municipal subdivision other than Louisiana and its municipalities that are vested with the estate, trust, or fiduciary on or after Line 2G – Total January 1, 1980. Add Lines 2A through 2F. Line 2C – Donation to School Tuition Organization Credit or Donation to Qualified Foster Care Charitable Organization Credit SUBTRACTIONS R.S. 47:6301(A)(1)(a) provides for a prohibition on double state Line 3A – Interest and Dividends on U.S. Government Obligations benefits for a donation to a school tuition organization (STO). If Enter the amount of interest and dividends from U.S. government you claimed the credit for a donation to a STO on IT-541, Schedule obligations or any income that is exempt from taxation under the NRC-P3, you must add back certain deductions taken at the federal laws of Louisiana. level otherwise deductible for state income tax purposes if the corporation’s federal deductions for charitable contributions allowed Line 3B – Depletion in Excess of Federal Depletion by Internal Revenue Code Section 170 included a deduction for Enter the amount of Louisiana depletion in excess of federal depletion. the donation made by the corporation to the STO. See Revenue In computing net income in the case of oil and gas wells, a deduction Information Bulletin 18-024 for more information. is allowed for cost depletion or percentage depletion, whichever is greater. Percentage depletion is calculated as 22% of gross income R.S. 47:6042(A)(1)(c) provides for a prohibition on double state from the property during the taxable year, excluding from such gross benefits for a donation to a qualified foster care organization. income an amount equal to any rents and royalties paid or incurred If you claimed the credit for a donation to a qualified foster care by the taxpayer from the property. The depletion deduction cannot organization on IT-541, Schedule NRC-P3, you must add back exceed 50% of the net income of the taxpayer computed without certain deductions taken at the federal level otherwise deductible allowance for depletion from the property. In determining net income for state income tax purposes if the corporation’s federal deductions from the property, federal income tax is considered an expense. for charitable contributions allowed by Internal Revenue Code Section 170 included a deduction for the donation made by the Line 3C – S Bank Exclusion corporation to the qualified foster care organization. See LAC Enter the amount of the S Bank shareholder exclusion that the 61:I.1925 for more information. estate or trust can claim. The amount of the exclusion is considered nontaxable income. R.S. 47:297.3(B)(5) provides that “S Bank The addition required to be made on Line 2C is the amount of the nontaxable income” means: (A) the portion of the income reported charitable contribution made to the STO and the qualified foster by an S Bank on Federal Form 1120S Schedule K-1 or, (B) the care organization claimed on the fiduciary's federal return. The portion of the income reported by an S Bank on an equivalent addition is limited to the amount of the credit claimed on the return document, which is attributable to the net earnings used to compute for the corresponding donation. the S Bank’s share's tax as provided in R.S. 47:1967. Attach a copy of Schedule K-1 as documentation for the amount excluded. The Line 2D – Add Back of Pass - Through Entity Loss exclusion is only allowed if the entity did not make the pass-through R.S. 47:300.6(B)(2)(e)(i) provides an exclusion for an estate or entity tax election under R.S. 47:287.732.2. trust who is a shareholder, member, or partner of an entity that Line 3D – Pass - Through Entity Exclusion made the pass-through entity tax election under R.S. 47:287.732.2. R.S. 47:300.6(B)(2)(e)(i) provides for an exclusion for an estate or This election allows S corporations, and other entities taxed as trust who is a shareholder, member, or partner of an entity that partnerships for federal income tax purposes, to pay Louisiana made the pass-through entity tax election under R.S. 47:287.732.2. income tax at the entity level. The entity must have received LDR’s This election allows S corporations, and other entities taxed as approval of the election. The add-back amount is the Louisiana partnerships for federal income tax purposes, to pay Louisiana net operating loss that was reported at the entity level for this tax income tax at the entity level. The entity must have received LDR’s year that is included on Federal Form 1041. You must also include approval of the election. The excluded amount is the income that any net operating loss carried forward from a tax year in which the was taxed at the entity level that is included on Federal Form election was made and utilized in this tax year. 1041. This amount should be included in the amount on Line 1. Do not include income not taxed at the entity level such as interest This amount should be included in the amount on Line 1. Do not and dividend income. See Revenue Information Bulletin 23-022 include income not taxed at the entity level such as interest and and LAC 61:I.1001 for more information. You must attach a copy dividend income. See Revenue Information Bulletin 23-022 and of Form R-6981, Louisiana Statement of Owner’s Share of Entity LAC 61:I.1001 for more information. You must attach a copy of Level Tax Items, and a pro forma Federal Form 1041 that excludes Form R-6981, Louisiana Statement of Owner’s Share of Entity any income, deductions or other tax items that were included in Level Tax Items, and a pro forma Federal Form 1041 that excludes the calculation of Louisiana net income on the entity’s Louisiana any income, deductions or other tax items that were included in Form CIFT-620. The amount that you can exclude is the difference the calculation of Louisiana net income on the entity’s Louisiana in federal taxable incomeI calculated on your Federal Form 1041 Form CIFT-620. The amount that you can exclude is the difference and the pro forma Federal Form 1041. If the difference is a loss, in federal taxable income calculated on your Federal Form 1041 the loss must be added to your federal taxable income on Line 2D. 4 |
Enlarge image | Line 3E – Exemption limited to the amount of Louisiana income tax that would have been Enter 2,500. imposed if the income earned in the other state had been earned in Louisiana. Line 3F – Other Subtractions On a separate schedule, list the source and amount of other The credit is equal to the lesser of the amount of taxes paid to the subtractions allowed from federal net income. For the deduction other state or the amount determined by multiplying the taxpayer’s for employment of certain qualified disabled individuals (R.S. Louisiana income tax liability by a fraction, the numerator of which 47:297.13), Form R-10605, Application for Deduction for is the taxpayer’s Louisiana taxable income attribut able to the other Employment of Certain Qualified Disabled Individuals, must be state to which net income taxes were paid, and the denominator of attached to your return. which is total Louisiana taxable income. See Revenue Information Bulletin 16-052 for information on qualifying states. A copy of the Line 3G – Total returns filed with the other states must be attached to your return Add Lines 3A through 3F. along with Form R-10606, Supplemental Worksheet for Credit for Taxes Paid to Other States. If the taxes were paid on your behalf Line 4 – Louisiana Taxable Income before Income Distribution on a composite return to another state, copies of the return for the Deduction other state and your Schedule K-1 must be attached to the return. For resident estates and trusts, Louisiana taxable income before the income distribution deduction is calculated by adding the Line 9 – Other Nonrefundable Priority 1 Income Tax Credits amount on Line 1 to the amount on Line 2G and subtracting the Enter the amount from Schedule NRC-P1, Line 7. amount on Line 3G. Enter the result. For nonresident estates and trusts, complete Schedule A and Schedule B. Enter the result from Line 10 – Total Income Tax after Priority 1 Credits Schedule A, Line 13 and check the box on Line 4. Subtract Lines 8 and 9 from Line 7. Line 5 – Louisiana Income Distribution Deduction Line 11 – Refundable Priority 2 Credits Enter the portion of Louisiana income that was distributed or was Enter the amount from Schedule RC-P2, Line 9. required to be distributed to the beneficiaries. Complete Schedule C – Distributive Shares of Beneficiaries by providing information for Line 12 – Tax Liability After Priority 2 Credits each beneficiary. If Line 10 is greater than Line 11, subtract Line 11 from Line 10. Otherwise enter zero "0". Line 6 – Louisiana Taxable Income Subtract Line 5 from Line 4. If less than zero, enter zero. Line 13 – Overpayment After Priority 2 Credits If Line 11 is greater than Line 10, subtract Line 10 from Line 11. Line 7 – Total Tax Otherwise enter zero "0". The Louisiana taxable income from Line 6 is taxed in three distinct brackets, at 1.85%, 3.5%, and 4.25%, respectively. Complete Line 14 – Nonrefundable Priority 3 Credits Worksheet 1 - Calculation of Income Tax to determine your income Enter the amount from Schedule NRC-P3, Line 10. These credits tax liability. Enter a “1” in the box on Line 7 if a foreign estate or trust are limited to the tax liability calculated on Line 12. electing to be taxed on total gross income from Louisiana sources at the rate of 5%. Line 15 – Tax Liability After Priority 3 Credits Subtract Line 14 from Line 12. If the result is less than zero, enter Line 8 – Credit for Net Income Taxes Paid to Other States zero “0.” Resident estates or trusts are allowed a credit for net income taxes paid to other states. Note that you may not claim the tax withheld; Line 16 – Overpayment After Priority 2 Credits you must file a return with the other state and claim the tax actually Enter the amount from Line 13. paid. You may not claim credit for taxes paid to cities or foreign countries. See Revenue Ruling 02-013 for information on taxes Line 17 – Refundable Priority 4 Credits paid to the District of Columbia. Enter the amount from Schedule RC-P4, Line 6. The credit is allowed ONLY if the other state does not allow a Line 18 – Amount of Credit Carried Forward from 2022 nonresident credit against the income taxes imposed by that state Enter the amount of any credit carried forward from 2022. This for taxes paid or payable to the state of resident. The credit is amount is shown on your 2022 Form IT-541, Line 24. Worksheet 1 - Calculation of Income Tax 1 Louisiana Taxable Income – Enter the amount of taxable income from $ TAX Line 6. First bracket: If Line 1 is greater than $10,000, enter $10,000. If Line 1 is 2 less than $10,000, enter the amount from Line 1. Multiply the balance by $ 2 1.85% 1.85% rounding to the nearest cent, and enter the result in the TAX column. Rate $ Second Bracket: Subtract Line 2 from Line 1. If the balance is zero or 3 less, enter zero “0.” If the balance is greater than zero, enter the balance 3 3.5% or $40,000, whichever is less. Multiply balance by 3.5% rounding to the $ Rate $ nearest cent, and enter the result in the TAX column. Third Bracket: Subtract $50,000 from Line 1, and enter the balance. If 4 less than zero, enter zero “0.” Multiply the balance by 4.25% rounding to $ 4 4.25% the nearest cent, and enter the result in the TAX column. Rate $ round to the nearest dollar. Enter here and on Form IT-541, Line 7. $ 5 Total Tax: Add the amounts in the tax column on Lines 2, 3, and 4, and 5 $ .00 5 |
Enlarge image | Line 19 – For Nonresident Filers Only – Amount Paid on Your Enter the amount from the Interest Calculation Worksheet. Behalf by a Composite Partnership Filing Enter the amount of any payment made on your behalf by a Line 28 – Delinquent Filing Penalty composite partnership filing. Enter the name of the partnership on If you fail to file your tax return by the extended due date – on the line provided on the return. If more than one partnership made or before November 15, 2024, for calendar year filers, on or a payment on your behalf, attach a schedule labeled with your before your fiscal year extended due date, you may be charged name and Federal Employer Identification Number (FEIN), and list a delinquent filing penalty. Enter the amount from the Delinquent each partnership and payment made. Filing Penalty Calculation Worksheet. Line 20 – Amount of Louisiana Tax Withheld for 2023 Line 29 – Delinquent Payment Penalty Enter the amount of Louisiana income tax withheld in 2023. You If you fail to pay the tax due by the due date – on or before May must attach copies of all W-2 and 1099 forms that indicate tax was 15, 2024, for calendar year filers, you may be charged delinquent withheld. payment penalty. Enter the amount from the Delinquent Payment Penalty Calculation Worksheet. Line 21 – Amount of Estimated Payments for 2023 and Amount of Extension Payment Line 30 – Total Amount Due Enter the total amount of estimated payments made for the 2023 tax Add Lines 26 through 29. year and the amount of extension payment from Schedule D, Line 6. Signature on Return Line 22 – Total Refundable Tax Credits and Payments In order to be considered complete and to meet the requirements Add Lines 16 through 21. of the Louisiana Income Tax Law, the return must be signed by the individual or authorized officer of the organization receiving or Line 23 – Overpayment having custody or control and management of the income of the If Line 22 is greater than Line 15, subtract Line 15 from Line 22. If estate or trust. If two or more individuals act jointly as fiduciaries, Line 22 is equal to Line 15, enter a zero "0" on Lines 23 through 30. any one of them may sign the return. If Line 22 is less than Line 15, enter a zero "0" on Lines 23 through 25 and go to Line 26. Paid Preparer Instructions – If your return was prepared by a paid preparer, that person must also sign in the appropriate space, Line 24 – Amount to be Credited to 2024 complete the information in the “Paid Preparer Use Only” box Enter the amount of available overpayment shown on Line 23 that and enter his or her identification number in the space provided you wish to credit to 2024. under the box. If the paid preparer has a Preparer Tax Identification Number (PTIN), the PTIN must be entered in the space provided Line 25 – Amount to be Refunded under the box; otherwise enter the FEIN or LDR account number. Subtract Line 24 from Line 23. This amount is to be refunded. If the paid preparer represents a firm, the firm’s FEIN must be entered in the “Paid Preparer Use Only” box. The failure of a paid Line 26 – Amount Owed preparer to sign or provide an identification number will result in the If Line 15 is greater than Line 22, subtract Line 22 from Line 15. assessment of the unidentified preparer penalty on the preparer. The penalty of $50 is for each occurrence of failing to sign or failing Line 27 – Interest to provide an identification number. Interest is charged on all tax amounts not paid by the due date. INSTRUCTIONS FOR SCHEDULE A - Computation of Louisiana Taxable Income before Income Distribution Deduction Use Schedule A when reporting income of nonresident estates and Line 3 – Donation to School Tuition Organization Credit or trusts that earn income from Louisiana sources. R.S. 47:300.3(2) Donation to Qualified Foster Care Charitable Organization Credit provides that income items of nonresident estates and trusts are R.S. 47:6301(A)(1)(a) provides for a prohibition on double state subject to allocation or apportionment as determined by R.S. benefits for a donation to a school tuition organization (STO). If 47:241 through R.S. 47:247. you claimed the credit for a donation to a STO on IT-541, Schedule NRC-P3, you must add back certain deductions taken at the federal Line 1 – Federal Taxable Income before the Exemption and level otherwise deductible for state income tax purposes if the Distribution Deduction corporation’s federal deductions for charitable contributions allowed Nonresident bankruptcy estates enter the taxable income amount by Internal Revenue Code Section 170 included a deduction for reported on Line 15 of the Federal Form 1040 that is an attachment the donation made by the corporation to the STO. See Revenue to the Federal Form 1041. Nonresident Electing Small Business Information Bulletin 18-024 for more information. Trusts (ESBT) enter the combined amount of the taxable income of the S portion of the ESBT, and the amounts reported for the non-S R.S. 47:6042(A)(1)(c) provides for a prohibition on double state portion on Line 18, Line 21, and Line 23 of Federal Form 1041. All benefits for a donation to a qualified foster care organization. other nonresident trusts and nonresident estates enter the sum of If you claimed the credit for a donation to a qualified foster care the amounts reported on Line 18, Line 21, and Line 23 of Federal organization on IT-541, Schedule NRC-P3, you must add back Form 1041. certain deductions taken at the federal level otherwise deductible for state income tax purposes if the corporation’s federal deductions Line 2 – Net Income Taxes Paid to any State or Political or for charitable contributions allowed by Internal Revenue Code Municipal Subdivision Section 170 included a deduction for the donation made by the Enter the amount of net income taxes paid to any state or political corporation to the qualified foster care organization. See LAC or municipal subdivision deducted on Federal Form 1041. 61:I.1925 for more information. 6 |
Enlarge image | The addition required to be made on Line 3 is the amount of the Line 5D – Pass - Through Entity Exclusion charitable contribution made to the STO and the qualified foster 47:300.7(C)(2)(d)(i) provides for an exclusion for an estate or care organization claimed on the fiduciary's federal return. The trust who is a shareholder, member, or partner of an entity that addition is limited to the amount of the credit claimed on the return made the pass-through entity tax election under R.S. 47:287.732.2. for the corresponding donation. This election allows S corporations, and other entities taxed as partnerships for federal income tax purposes, to pay Louisiana Line 4 – Add Back of Pass - Through Entity Loss income tax at the entity level. The entity must have received LDR’s R.S. 47:300.7(C)(2)(d)(i) provides for an exclusion for an estate or approval of the election. The excluded amount is the income that trust who is a shareholder, member, or partner of an entity that was taxed at the entity level that is included on Federal Form made the pass-through entity tax election under R.S. 47:287.732.2. 1041. This amount should be included in the amount on Line 1. Do This election allows S corporations, and other entities taxed as not include income not taxed at the entity level such as interest partnerships for federal income tax purposes, to pay Louisiana and dividend income. See Revenue Information Bulletin 23-022 income tax at the entity level. The entity must have received LDR’s and LAC 61:I.1001 for more information. You must attach a copy approval of the election. The add-back amount is the Louisiana of Form R-6981, Louisiana Statement of Owner’s Share of Entity net operating loss that was reported at the entity level for this tax Level Tax Items, and a pro forma Federal Form 1041 that excludes year that is included on Federal Form 1041. You must also include any income, deductions or other tax items that were included in any net operating loss carried forward from a tax year in which the the calculation of Louisiana net income on the entity’s Louisiana election was made and utilized in this tax year. Form CIFT-620. The amount that you can exclude is the difference in federal taxable income calculated on your Federal Form 1041 This amount should be included in the amount on Line 1. Do not and the pro forma Federal Form 1041. If the difference is a loss, the include income not taxed at the entity level such as interest and loss must be added to your federal taxable income on Line 4. dividend income. See Revenue Information Bulletin 23-022 and LAC 61:I.1001 for more information. You must attach a copy of Line 5E – Other Subtractions Form R-6981, Louisiana Statement of Owner’s Share of Entity On a separate schedule, list the source and amount of other Level Tax Items, and a pro forma Federal Form 1041 that excludes subtractions allowed from federal net income. any income, deductions or other tax items that were included in the calculation of Louisiana net income on the entity’s Louisiana • For the deduction for employment of certain qualified disabled Form CIFT-620. The amount that you can exclude is the difference individuals (R.S. 47:297.13), Form R-10605, Application for in federal taxable income calculated on your Federal Form 1041 Deduction for Employment of Certain Qualified Disabled and the pro forma Federal Form 1041. If the difference is a loss, Individuals, must be attached to your return. the loss must be added to your federal taxable income on this line. • Exclusion for compensation for disaster services – include Line 5A – Income Exempt from Taxation the amount of income excluded as compensation for Enter the amount of any income that is exempt from taxation under disaster services. The exclusion is for income received by a the laws of Louisiana, or that is prohibited from taxation by the nonresident business for performing disaster or emergency- Constitution or laws of the United States. This amount must be related work within the state during a declared emergency subtracted from federal taxable income. An example of such income period beginning January 1, 2018. The exclusion applies only would be interest on U.S. government obligations. A schedule of the for income received in exchange for disaster or emergency- items on this line must be supplied. related work related to critical infrastructure that is performed during the declared disaster period, which begins within 10 Line 5B – Depletion in Excess of Federal Depletion days of the first day of the declaration or proclamation made Enter the amount of Louisiana depletion in excess of federal by either the governor, the president, or appropriate local depletion. In computing net income in the case of oil and gas wells, government official and ends 60 days after its conclusion, a deduction is allowed for cost depletion or percentage depletion, unless a longer period is subsequently authorized. Requests whichever is greater. Percentage depletion is calculated as 22 for written notice concerning emergency-related services are percent of gross income from the property during the taxable year, posted as Revenue Information Bulletins on LDR’s website. excluding from such gross income an amount equal to any rents (R.S. 47:53.5) and royalties paid or incurred by the taxpayer from the property. Percentage depletion can not exceed 50 percent of the net income Line 5F – Total Subtractions computed without allowance for depletion from the property. In Add Lines 5A through 5E. determining net income from the property, federal income tax is considered an expense. Line 6 – Modified Federal Taxable Income before Distribution Deduction Line 5C – S Bank Exclusion Add Lines 1, 2, 3, and 4, subtract the amount on Line 5F, and enter Enter the amount of the S Bank shareholder exclusion that the the result. estate or trust can claim. The amount of the exclusion is considered nontaxable income. R.S. 47:297.3(B)(5) provides that “S Bank Modified Federal Taxable Income Allocated or Apportioned to nontaxable income” means: (A) the portion of the income reported Louisiana by an S Bank on Federal Form 1120S Schedule K-1 or, (B) the In accordance with R.S. 47:300.3(2), Louisiana taxable income portion of the income reported by an S Bank on an equivalent of a nonresident estate or trust for a taxable year is computed by document, which is attributable to the net earnings used to compute applying the allocation and apportionment provisions of R.S. 47:241 the S Bank’s share's tax as provided in R.S. 47:1967. Attach a copy through R.S. 47:247 to the estate’s or trust’s federal taxable income of Schedule K-1 as documentation for the amount excluded. The for the same year modified by the provisions of R.S. 47:300.7(C). exclusion is only allowed if the entity did not make the pass-through In order to determine Louisiana taxable income, it is necessary entity tax election under R.S. 47:287.732.2. to separate all items of income into two general classes, namely: 7 |
Enlarge image | those items that can be allocated directly to the state in which they Line 10C – Income from Estates, Trust, and Partnerships are earned, and those items of income that arise from business Enter the total amount of Louisiana income derived from estates, partly within and without Louisiana. Louisiana’s share of allocable trusts, and partnerships. Estates, trusts, and partnerships having items can be determined by direct allocation. In the case of net a corporation as a member or beneficiary must allocate and income from business partly within and partly without the state, a apportion their income within and without the state in accordance percentage of the net income must be apportioned to Louisiana on with the processes and formulas prescribed for corporations, and the basis of an apportionment percentage. the share of any corporate member or beneficiary in the net income from sources in this state, so computed, must be allocated to this If the Louisiana portion is entirely separable from the remainder, and state in the return of the member or beneficiary. the use of the apportionment method would produce a manifestly unfair result, a separate accounting may be made for Louisiana business Line 10D – Income from Construction, Repair, Etc. and the total net income. Prior written permission from the Secretary Enter the amount of Louisiana income derived from construction, must be secured to report by the separate accounting method. repair, or other similar services. Income from construction, repair, In computing net allocable income, all expenses, losses, and other or other similar services must be allocated to the state in which the deductions, except federal income taxes that are directly attributable service is performed. The phrase “other similar services” means to such income and a ratable portion of allowable deductions, any work that has as its purpose the improvement of immovable except federal income taxes that are not directly attributable to any property belonging to a person other than the taxpayer where class of income should be deducted from gross allocable income. a substantial portion of the work is performed at the location of such property, whether or not such services actually result in Line 7A – Net Rents and Royalties improvements to the property. Enter the total amount of net rents and royalties earned by the estate or trust. Line 10E – Other Allocable Income Enter any other net Louisiana allocable income. Other items of Line 7B – Royalties from the Use of Patents, Trademarks, etc. allocable income such as interest income, dividends on corporate Enter the total amount of royalties from the use of patents, stock, and salaries, wages, or other compensations received by trademarks, etc. a nonresident individual for personal services are considered allocable under the provisions of R.S. 47:243. Please attach a Line 7C – Income from Estates, Trust, and Partnerships schedule of your computations. Enter the total amount of income derived from estates, trusts, and Profits from sales and exchanges of capital assets consisting of partnerships. immovable or corporeal movable property are allocated to the state where such property is located at the time the income is derived. Line 7D – Income from Construction, Repair, Etc. Profits from sales or exchanges not made in the regular course Enter the total amount of income derived from construction, repair, of business, of property, other than capital assets consisting of or other similar services. incorporeal property or rights, are allocated to the state where such property is located at the time of the sale. A mineral lease, Line 7E – Other Allocable Income royalty interest, oil payment, or other mineral interest is considered Enter any other net allocable income. Other items of income such to be Louisiana income if the property creating the mineral interest as interest income, dividends on corporate stock, profits from sales is located in Louisiana. Other profits from sales and exchanges and exchanges of capital assets, and salaries, wages, or other of capital assets consisting of incorporeal property or rights is compensations received by a nonresident individual for personal allocated to the state in which the securities or credits producing services are considered allocable under the provisions of R.S. 47:243. such income have their situs, which is the business situs of such securities or credits, if they have been so used in connection with Line 7F – Total Allocable Income from All Sources the taxpayer’s business as to acquire a business situs, or, in the Add Lines 7A through 7E. absence of such a business situs, the legal domicile of the taxpayer. Please attach a schedule showing your computations. Line 8 – Net Income Subject to Apportionment Subtract Line 7F from Line 6. Interest on customers’ notes and accounts, except when such interest is from the primary business of making loans, must be Line 9 – Net Income Apportioned to Louisiana allocated by reference to the transaction from which the receivable Multiply Line 8 by the percentage from Schedule B, Line 7. arose (to the state where delivery was made in the case of sales of merchandise; where services were performed in the case of Line 10A – Net Rents and Royalties charges for services, etc.). Interest on customers’ accounts when Enter the amount of Louisiana net rents and royalties. Rents and the primary business is making loans is not allocable income. royalties from immovable or corporeal movable property must be Other interest and dividends must be allocated to the state in which allocated to the state where the property is located at the time the the securities or credits producing such income have their situs, income is derived. which is the business situs of such securities or credits, if they have been so used in connection with the taxpayer’s business as Line 10B – Royalties from the Use of Patents, Trademarks, etc. to acquire a business situs, or, in the absence of such a business Enter the amount of Louisiana royalties from the use of patents, situs, the legal commercial domicile of the taxpayer. trademarks, etc. Royalties or similar revenue from the use of patents, trademarks, copyrights, secret processes, and other 10F – Total Allocable Income from Louisiana similar intangible rights must be allocated to the states in which Add Lines 10A through 10E. such rights are used by the licensee. Please attach a schedule showing your computation. 8 |
Enlarge image | Line 11 – Modified Federal Taxable Income Allocated and Louisiana organizations. If a contribution is made to an organization Apportioned to Louisiana that is present within and without Louisiana, the contributions shall Add Lines 9 and 10F. be attributed to Louisiana if made to a Louisiana chapter or branch of the organization. Line 12 – Federal Itemized Deductions Attributable to Louisiana Nonbusiness deductions are allowable to the extent that they are Line 13 – Louisiana Taxable Income Before Income Distribution attributable to Louisiana. In particular, nonbusiness interest shall Deduction be attributed to Louisiana to the extent paid to persons or firms Subtract Line 12 from Line 11. Enter the result here and Form IT- domiciled in this state and nonbusiness charitable contributions 541, Line 4. Also, check the box on Line 4 indicating Schedule A shall be attributed to Louisiana to the extent that they are made to was used. SCHEDULE B – Computation of Apportionment Percent Computation of Apportionment Percent not considered. Your principal type of business determines which factors apply in 3. The Property Factor – The Louisiana factor shall be the average the calculation of your Louisiana apportionment percent. For Air of the value of the taxpayer’s real property and tangible personal Transportation, use factors (1) and (3); for Pipeline Transportation, property used in the production of apportionable income within this use factors (1), (2), and (3); for Other Transportation, use factors (1) state at the beginning of the taxable year and at the end of the and (3); for Service Enterprises in which the use of property is not a taxable year. Mark the box on Line 3 if the property factor is not material income producing factor, use factors (1) and (2), otherwise, considered. For further information concerning the apportionment use factors (1), (2), and (3); for Loan Business, use factors (2) and factors, refer to R.S. 47:245. (4); for Merchandising and Manufacturing, use factors (1), (2), (3), and (5); and for Other Businesses, use factors (1), (2), and (3). 4. Loan Factor – In the case of a loan business, the Louisiana Calculate your apportionment percent using Schedule B. Mark factor shall be the amount of loans made in this state during the the box on each Line if the respective ratio is not considered as period for which the return is filed. Mark the box on Line 4 if the described below. loan factor is not considered. For further information concerning the apportionment factors, refer to R.S. 47:245. 1. The Sales and Charges for Services Factor – The Louisiana sales factor shall include all sales made in the regular course of 5. Additional Sales Factor – Taxpayers whose net apportionable business where the goods, merchandise, or property is received income is derived primarily from the business of manufacturing or in this state by the purchaser. In the case of delivery by common merchandising (manufacturing, producing, and/or selling tangible carrier or by other means of transportation, including transportation personal property) are required to use a fourth ratio. This is the by the purchaser, the place where the goods are ultimately ratio of net sales made in the regular course of business and other received after all transportation is completed shall be considered gross apportionable income attributable to this state to the total as the place at which the goods are received by the purchaser. net sales made in the regular course of business and other gross The Louisiana factor shall also include all charges for services apportionable income of the taxpayer. These sales are the same as performed in Louisiana. those reported on Schedule B, Line 1D. Mark the box on Line 5 if the additional sales factor is not considered. The sales factor for income from air transportation would be the ratio of the gross receipts derived from passenger journeys and This provision does not apply to the following: cargo shipments originated in Louisiana and any other items of apportionable income or receipts derived entirely from Louisiana • Any taxpayer subject to the tax imposed pursuant to Chapter sources to total gross apportionable income of the taxpayer. 8 of Subtitle II of Title 47 of the Louisiana Revised Statutes (Tobacco Tax). Mark the box on Line 1D if the sales factor is not considered. • Any taxpayer whose income is primarily derived from the 2. The Salaries and Wages Factor – There shall be included in production or sale of unrefined oil and gas. the Louisiana factor the total salaries, wages, and other personal service compensation paid during the taxable year for services 6. Total Percentages – Add the percentages under Column 3 on rendered in Louisiana in connection with the production of Lines 1D, 2, 3, 4, and 5. apportionable income. Mark the box on Line 2 if the wage factor is 7. Average of Percents – Divide Line 6 by the number of factors used. SCHEDULE C – Distributive Shares of Beneficiaries Enter the name and Social Security Number, or FEIN, of each beneficiary and his distributive share of the estate or trust income allocated to the State of Louisiana. Each beneficiary’s distributive share is deemed to apply to taxable and nontaxable income, and to income from sources within, as well as from sources without, the state. If additional space is needed, attach a separate schedule. Enter the total on Form IT-541, Line 5. SCHEDULE D - Summary of Estimated Tax Payments and Extension Payment Provide information regarding the estimated tax payments and extension payment that you made for the 2023 tax year. 9 |
Enlarge image | GENERAL INFORMATION ON ALL CREDITS If a schedule is required in the instructions below, you must attach a separate schedule for each credit claimed. The schedule should clearly identify the credit, the Fiduciary's name, and LDR account number. If documentation is required, you must submit the documen- tation with your return. For faster processing, you can upload all required information when you file your return electronically. Revenue Information Bulletins (RIB) are posted on www.revenue.louisiana.gov/LawsAndPolicies under Policy Documents. A shareholder, partner or member of an S corporation or other pass-through entity must attach a copy of the Schedule K-1 and other documentation required to substantiate their share of any credit passed down from the entity. An S corporation or other pass-through entity must provide their partners or members a Schedule K-1 and other documentation required to substantiate their share of any credit that was passed down from the entity. Note: If you are claiming a credit that is recorded in the Tax Credit Registry, you must attach a copy of Form R-6135, Credit Registration Form, to the return and list the State Certification Number in the appropriate space on the return. See Revenue Information Bulletin 14-005 for information on the Tax Credit Registry and Revenue Information Bulletin 17-008 for claiming a purchased transferable tax credit. PASS-THROUGH ENTITY TAX ELECTION Credits earned in the year the pass-through entity tax election was made or after the election was made are tax items of the entity and the credit and its future carryforward must be reported on the entity’s return. If the pass-through entity made the election for 2023, any credits earned for 2023 cannot be used on the fiduciary income tax return of any shareholder, member, or partner. Tax credits earned in tax years prior to the election that have previously passed through to the owners are tax items of the owners, and any credit carryforward remaining can only be used on the fiduciary income tax return. See Revenue Information Bulletin 19-019 and LAC 61:l.1001(C)(6) for more information. INSTRUCTIONS FOR NONREFUNDABLE PRIORITY 1 CREDITS, SCHEDULE NRC-P1 NONREFUNDABLE PRIORITY 1 CREDITS, LINES 1 THROUGH 6 CODE is used to obtain the credit, it cannot be deducted as an Below is a list of nonrefundable credits available for Louisiana expense for income tax purposes. The credit can only be income tax. Enter the credit description, identifying code, and passed through to taxpayers who are shareholders or the dollar amount claimed in the appropriate spaces on Lines members of certain legal entities. The amount of the credit 1 through 6. NOTE: Use only the codes referenced in the is equal to 18 percent of the bone marrow donor expense table of Schedule NRC-P1. The codes listed here are not paid or incurred by the employer during the tax year. interchangeable with other codes listed in this booklet. 150 - Qualified Playgrounds – R.S. 47:6008 provides a credit Example: for donations to assist qualified playgrounds. The credit Credit Description Code Amount of Credit Claimed is the lesser of $720 or 36 percent of the value of the cash, equipment, goods, or services donated. For more Premium Tax 1 0 0 5 0 0 00 information on this credit, see Revenue Ruling 02-020 . posted on LDR’s website. LINE 7 – OTHER NONREFUNDABLE PRIORITY 1 CREDITS 155 - Debt Issuance – R.S. 47:6017 provides a credit for Add Lines 1 through 6 and enter the result here and on Form 72 percent of the filing fee paid to the Louisiana State IT-541, Line 9. Bond Commission, which is incurred by an economic CODE development corporation in the preparation and issuance of bonds. 100 - Premium Tax – R.S. 47:227 provides a credit for premium taxes paid during the preceding twelve months by an 170 - Donations to Public Schools – R.S. 47:6013 provides insurance company authorized to do business in Louisiana. a credit for qualified donations made to a public school. A copy of the premium tax return and cancelled checks in The credit is equal to 28 percent of the appraised value payment of the tax must be attached to the return. of a qualified donation of property made to a public school. “Public school” is defined as a public elementary 120 - Bone Marrow – R.S. 47:287.758 provides a credit to or secondary school. “Qualified donation” is defined as a employers authorized to do business in the state who donation of immovable property purchased or otherwise incur bone marrow donor expense by developing a bone acquired by a corporation and donated to a public school marrow donation program, educating employees related to immediately adjacent or contiguous to such property. The bone marrow donations, making payments to a health care credit can only be passed through to taxpayers who are provider for determining tissue types of potential donors, shareholders or members of certain legal entities. and paying wages to an employee for time related to tissue typing and bone marrow donation. If the wage expense 199 - Other – Reserved for Future Credits 10 |
Enlarge image | INSTRUCTIONS FOR NONREFUNDABLE PRIORITY 3 CREDITS, SCHEDULE NRC-P3 NONREFUNDABLE PRIORITY 3 CREDITS, LINES 1 THROUGH 6 CODE Below is a list of nonrefundable credits available for Louisiana 252 - Research and Development – R.S. 47:6015 provides a income tax. Enter the credit description, identifying code, and credit for any taxpayer who earned the credit based on the dollar amount claimed in the appropriate spaces on Lines participation in the Small Business Technology Transfer or 1 through 6. NOTE: Use only the codes referenced in the the Small Business Innovation Research Grant program. table of Schedule NRC-P3. The codes listed here are not This credit can only be claimed on Lines 7 through 9. interchangeable with other codes listed in this booklet. 253 - Historic Structures – R.S. 47:6019 provides a credit if the Example: taxpayer incurs certain expenses during the rehabilitation of a historic structure located in either a downtown development Credit Description Code Amount of Credit Claimed or a cultural district, or a historic structure contributing to Inventory Tax Credit the National Register of Historic Places. Refer to Revenue Carried Forward 5 0 0 00 Information Bulletin 14-007 and 14-007A on LDR’s website. 5 0 0 . This credit can only be claimed on Lines 7 through 9. 257 - Capital Company – R.S. 51:1924 provides a credit for the LINES 7 THROUGH 9 – Complete Lines 7 through 9 ONLY if investment in a certified Louisiana capital company. The a transferable credit is claimed (credit codes 251 through 262). credit must be approved by the Commissioner of the Office For Lines 7A, 8A, and 9A, enter the LDR State Certification of Financial Institutions. A copy of the certification from number from Form R-6135, if applicable. For more information the Office of Financial Institutions must be attached to the see Revenue Information Bulletin 17-008 regarding claiming a return. This credit can only be claimed on Lines 7 through 9. purchased transferable tax credit. 258 - LA Community Development Financial Institution LINE 10 – NONREFUNDABLE PRIORITY 3 CREDITS (LCDFI) – R.S. 51:3085 et seq. provide a credit for certain Add Lines 1 through 9 and enter the result here and on Form investments in an LCDFI to encourage the expansion of IT-541, Line 14. businesses in economically distressed areas. The Louisiana Office of Financial Institutions administers this program. This CODE credit can only be claimed on Lines 7 through 9. 208 - Previously Unemployed – This credit was repealed by Act 202 of the 2019 Regular Legislative Session effective 259 - New Markets – R.S. 47:6016 provides a credit if the taxpayer December 31, 2018. If you have an eligible carryover amount, makes certain qualified low-income community investments, use this code to utilize the carryover amount for any years as defined in Section 45D of the Internal Revenue Code. The you have remaining in your five (5) year carryover period. taxpayer must be certified by the Louisiana Department of Economic Development and approved by LDR. Information 224 - New Jobs Credit – This credit is no longer available on the program investment limits are posted as Revenue because Act 403 of the 2017 Regular Legislative Session Information Bulletins on LDR’s website. This credit can only ended the credit effective December 31, 2019. If you have be claimed on Lines 7 through 9. an eligible carryover amount, use this code to utilize the carryover amount for any years you have remaining in your 261 - Motion Picture Infrastructure – R.S. 47:6007(C) five (5) year carryover period. (2) provides a credit for an approved state-certified infrastructure project for a film, video, television, or digital 228 - Eligible Re-entrants – This credit is no longer available production or post-production facility. Taxpayers must apply because Act 403 of the 2017 Regular Legislative Session to the Louisiana Department of Economic Development to ended the credit effective December 31, 2019. If you have receive certification. A copy of the certification of the credit an eligible carryover amount, use this code to utilize the must be attached to the return. You must certify certain carryover amount for any years you have remaining in your requirements in order to use the credit. See RIB 23-023 five (5) year carryover period. for more information and attach Form R-90150, Taxpayer Certification of Compliance of Tax Obligations for the Motion 236 - Apprenticeship (2007) – This credit was repealed by Act Picture Production Credit, to your return. For information on 357 of the 2015 Regular Legislative Session. If you have the cap, see www.revenue.louisiana.gov/CreditCaps. This an eligible carryover amount, use this code to utilize the credit can only be claimed on Lines 7 through 9. carryover amount for any years you have remaining in your 262 - Angel Investor – R.S. 47:6020 provides a credit to ten (10) year carryover period. Credits earned beginning with encourage third party investment of taxpayers who make the 2022 tax year should be claimed using credit code 463. qualified investments to certified Louisiana entrepreneurial 251 - Motion Picture Investment – R.S. 47:6007(C)(1) provides businesses on or after January 1, 2011. To earn the Angel a credit for taxpayers domiciled in Louisiana who invest Investor Tax Credit, taxpayers must file an application with in a state-certified motion picture production. Taxpayers the Louisiana Department of Economic Development. See taking this credit may attach Form R-10611, Motion Picture Revenue Information Bulletin 12-009 on LDR’s website. This Investment Tax Credit Schedule, as documentation for this credit can only be claimed on Lines 7 through 9. credit. You must certify certain requirements in order to 299 - Other – Reserved for Future Credits use the credit. See RIB 23-023 for more information and attach R-90150, Taxpayer Certification of Compliance of 305 - Tax Equalization – R.S. 47:3201 et seq. provides a credit Tax Obligations for the Motion Picture Production Credit, to for tax equalization for certain businesses locating in your return. For information on the cap, see www.revenue. Louisiana. The taxpayer must enter into a contract with the louisiana.gov/CreditCaps. This credit can only be claimed Louisiana Department of Economic Development, and a on Lines 7 through 9. copy of the contract showing the credit granted must be attached to the return. 11 |
Enlarge image | CODE CODE 310 - Manufacturing Establishments – R.S. 47:4301 et seq. the Louisiana Department of Economic Development to provides a credit to certain manufacturing establishments that receive certification. A copy of the certification of the credit have entered into a contract with the Louisiana Department must be attached to the return. of Economic Development. A copy of the contract showing the credit granted must be attached to the return. 461 - Work Opportunity – R.S. 47:287.750 provides a credit for a business that hires participants in the work release programs 399 - Other – Reserved for Future Credits provided for in R.S. 15:711, 1111, 1199.9, and 1199.10. The Louisiana Department of Public Safety or applicable sheriff 412 - Refunds by Utilities – R.S. 47: 287.664 provides a credit must certify that the eligible business employed an eligible for certain court ordered refunds made by utilities to its re-entrant who is participating in a work release program on customers. or after January 1, 2021 in an eligible job for 12 consecutive 424 - Donation to School Tuition Organization – R.S. 47:6301 months. A copy of the certification of the credit must be pro vides a credit for donations made to a school tuition attached to the return. organization that provides scholarships to qualified students 462 - Youth Jobs – R.S. 47:6028 provides a credit for a business to attend a qualified school. Form R-10604, Receipt for that hires one or more eligible youth on or after July 1, 2021. Donations to School Tuition Organization Tax Credit, must To earn the credit, the eligible youth must work at least three be attached to your return. See Revenue Information (3) consecutive months in a full-time or part-time position at Bulletin 18-024 for more information. the business. The credit is equal to $1,250 for each eligible 454 - QMC Music Job Creation Credit – R.S. 47:6023 provides youth hired in a full-time position or $750 for each eligible a credit against corporate income tax to a Qualifying youth hired in a part-time position. Taxpayers must apply Music Company (QMC) that is a music publisher, sound to the Department to receive certification. A copy of the recording studio, booking agent, or artist management certification of the credit must be attached to the return. See that is engaged directly or indirectly in the production, LAC 61:l.1921 for more information. distribution, and promotion of music. Taxpayers must apply 463 - Apprenticeship (2022) – R.S. 47:6033 provides a credit to to the Louisiana Department of Economic Development to employers for $1.25 for each hour of employment of an eligible receive certification. A copy of the certification of the credit apprentice, limited to $1,250 for each eligible apprentice. An must be attached to the return. The credit is limited to 50 eligible apprentice is a person who has entered into a written percent of the taxpayer’s tax liability. apprentice agreement with an employer or an association of 457 - Neighborhood Assistance – R.S. 47:35 and R.S. 47:287.753 employers pursuant to a registered apprenticeship program provide a credit for an entity engaged in the activities of or who is enrolled in a training program accredited by the providing neighborhood assistance, job training, education National Center for Construction Education and Research for individuals, community services, or crime prevention in which has no less than four levels of training and no less than Louisiana. The credit is for up to 50 percent of the amount 500 hours of instruction. Use this code for Apprenticeship contributed and cannot exceed $180,000 annually. credits earned for employment of eligible apprentices after December 31, 2021. Attach a copy of Form R-90005, 458 - Research and Development – R.S. 47:6015(K) provides a Apprenticeship Tax Credit Employer Certification , and the credit for any taxpayer who claims a federal income tax credit required documentation as listed on that form. under 26 U.S.C. §41(a) for increasing research activities or for a taxpayer who employs fewer than 50 employees 464 - Donation to Qualified Foster Care Charitable Organization and who meets the requirements of R.S. 47:6015(B)(3) – R.S. 47:6042 provides a credit for donations made to a (i). Beginning with the 2018 tax year, credits earned based qualifying foster care charitable organization that provides upon participation in the Small Business Technology Transfer services to a child in a foster care placement program program or the Small Business Innovative Research Grant established by the Department of Children and Family program should be claimed using credit code 252. The credit Services. The credit is for the amount of the donation used is obtained through the Louisiana Department of Economic to provide the service, limited to $50,000. Form R-68009, Development and documentation from that agency must be Receipt for Donations to Qualifying Foster Care Charitable attached to the return. See Revenue Information Bulletin Organization Credit, must be attached to your return. 15-019 on LDR’s website. 500 - Inventory Tax Credit Carried Forward and ITEP – 459 - Ports of Louisiana Import Export Cargo – R.S. 47:6036(I) R.S. 47:6006 allows a credit against income tax for ad provides a credit to encourage the use of state port valorem taxes paid to political subdivisions in Louisiana on facilities in Louisiana. The credit is based on the number inventory held by manufacturers, distributors, or retailers. of tons of qualified cargo imported and exported from Manufacturers, distributors, or retailers should use this code or to manufacturing, fabrication, assembly, distribution, for the carryforward of unused nonrefundable credits (not processing or warehousing facilities located in the state. current year credit) from 2015 through 2022. Manufacturers Taxpayers must apply to the Louisiana Department of who claimed the property tax exemption under the Industrial Economic Development to receive certification. A copy of Tax Exemption Program (ITEP) during the same year the certification of the credit must be attached to the return. the inventory taxes were paid and members of their federal consolidated group should use this code for the 460 - LA Import – R.S. 47:6036.1 provides a credit to encourage carryforward of unused nonrefundable credits from 2015 the utilization of Louisiana public port facilities for cargo through 2022 and the current year credit calculated on imports and the development of new port infrastructure the 2023 Form R-10610-ITE, Schedule of Ad Valorem Tax facilities for the manufacturing, distribution, and Credit Claimed by ITEP Manufacturers for Ad Valorem Tax warehousing of imported goods. Taxpayers must apply to Paid on Inventory, which must be attached to the return. 12 |
Enlarge image | CODE CODE 502 - Ad Valorem Natural Gas Credit Carried Forward – R.S. 508 - Ports of Louisiana Investor – R.S. 47:6036(C) provides 47:6006 allows a credit for ad valorem taxes paid to political a credit to encourage investment in state port facilities in subdivisions in Louisiana on natural gas held, used or Louisiana. Taxpayers must apply to the Louisiana Department consumed in providing natural gas storage services or of Economic Development to receive certification. A copy of operating natural gas storage facilities. Use this code for the the certification of the credit must be attached to the return. carryforward of unused nonrefundable credits (not current year credit) from 2015 through 2022. 510 - Enterprise Zone – R.S. 51:1782 et. seq. provide a credit for private sector investments in certain areas, which are 504 - Atchafalaya Trace – R.S. 25:1226.4 provides a credit to designated as “Enterprise Zones”. The taxpayer must enter certain heritage-based cottage industries that have entered into a contract with the Louisiana Department of Economic into a contract with the State Board of Commerce and Development and a copy of the contract showing the credit Industry. A copy of the contract must be attached to the granted must be attached to the return. return. 550 - Recycling Credit – R.S. 47:6005 provides a credit for the 506 - Cane River Heritage – R.S. 47:6026 provides a credit for purchase of certain equipment or service contracts related a heritage-based cottage industry located or to be located to recycling. The credit must be certified by the Louisiana in the Cane River Heritage Area Development Zone. The Department of Environmental Quality, and a copy of the taxpayer must enter into a contract with the Department of certification must be attached to the return. Culture, Recreation, and Tourism, and a copy of the contract must be attached to the return. 599 - Other - Reserved for Future Credits INSTRUCTIONS FOR PRIORITY 2 REFUNDABLE CREDITS, SCHEDULE RC-P2 REFUNDABLE PRIORITY 2 CREDITS, LINES 1 THROUGH 5 CODE Below is a list of refundable tax credits available for Louisiana A schedule must be attached stating which entity paid income tax. Enter the credit description, identifying code, and the tax and obtained the credit on the taxpayer’s behalf. the dollar amount claimed in the appropriate spaces on Lines 1 through 5. See Revenue Information Bulletin No. 15-021 for more 55F - Prison Industry Enhancement – R.S. 47:6018 allows information. a refundable credit for 72 percent of the state sales and use tax paid by a taxpayer on purchases by a taxpayer NOTE: Use only the codes referenced in the table of Schedule of specialty apparel items from a private sector Prison RC-P2. The codes listed here are not interchangeable with Industry Enhancement (PIE) contractor. Contact LDR for other codes listed in this booklet. further information regarding this credit. Example: 58F - Milk Producers – R.S. 47:6032 allows a refundable credit for a resident taxpayer engaged in the business of producing Credit Description Code Amount of Credit Claimed milk for sale. Those milk producers that have obtained permits under the Louisiana Administrative Code, Title Milk Producers 5 8 F 4 0 0 00 51 and have met the requirements of the Food and Drug . Administration shall be certified by the Louisiana Department LINES 6 THROUGH 8 – Complete Lines 6 through 8 ONLY of Health to receive the credit. For more information see if a transferable credit is claimed (credit code 62F). For Lines Revenue Information Bulletin 08-014 on LDR’s website. 6A, 7A, and 8A, enter the LDR State Certification number from 59F - Technology Commercialization – R.S. 51:2351 et seq. Form R-6135, if applicable. For more information see Revenue allow a refundable credit for a qualifying business that Information Bulletin 17-008 regarding claiming a purchased invests in the commercialization of Louisiana technology. transferable tax credit. Taxpayers must apply to the Louisiana Department of LINE 9 – REFUNDABLE PRIORITY 2 CREDITS – Add Lines 1 Economic Development to receive certification. A copy of through 8 and enter the result here and on Form IT-541, Line 11. the certification of the credit must be attached to the return. CODE 62F - Musical and Theatrical Production – R.S. 47:6034 allows a refundable credit for the production expenses, 52F - Ad Valorem Offshore Vessels – R.S. 47:6006.1 allows a employment of college and vocational-technical students, refundable credit for 100 percent of the ad valorem taxes employment of residents, and for the construction, repair, paid on vessels in Outer Continental Shelf Lands Act or renovation of facilities related to the live performance Waters. Copies of the tax assessment, the canceled check in industry. Taxpayers must apply to the Louisiana Department payment of the tax, and a completed Form LAT 11A from the of Economic Development to receive certification. A Louisiana Tax Commission must be attached to the return. copy of the certification must be attached to the return. 54F - Telephone Company Property – R.S. 47:6014 allows This credit can only be claimed on Lines 6 through 8. a refundable credit for up to 40 percent of the ad 70F - Retention and Modernization – R.S. 51:2399.1 et seq. valorem taxes paid to Louisiana political subdivisions by allow a refundable credit for an employer who incurs a telephone company, with respect to that company’s qualified expenditures to modernize existing operations in public service properties located in Louisiana. The Louisiana to retain the business in the state. Taxpayers credit may be passed through to individuals who are must apply to the Louisiana Department of Economic shareholders or members of certain legal entities. See Development to receive certification. A copy of the Revenue Information Bulletin 01-004 on LDR’s website. certification of the credit must be attached to the return. 13 |
Enlarge image | CODE CODE 73F - Digital Interactive Media – R.S. 47:6022 allows a effects of the pregnancy. The credit may be claimed by the refundable credit for the investment in businesses estate of the deceased on the deceased person’s return specializing in digital interactive media and software. or the estate’s return and if not, then by the individual who Taxpayers must apply to the Louisiana Department of actually paid the funeral and burial expense. The credit is Economic Development to receive certification. A copy equal to the actual reasonable funeral and burial expenses of the certification of the credit must be attached to the paid or $5,000, whichever is less, and is claimed for the return. See Revenue Information Bulletin 12-017 on LDR’s year in which the death occurred. Reasonable funeral and website. burial expenses includes costs and fees associated with transportation of the remains, embalming or cremation 77F - Funeral and Burial Expense for a Pregnancy-related services, caskets, plots, grave markers, or headstones, Death – R.S. 47:297.22 allows a refundable credit for the funeral home facility and staff services, and other related reasonable funeral and burial expenses associated with professional services. It does not include costs and fees the pregnancy-related death of a person. A “pregnancy- associated with flowers, vaults, or urns. A copy of the related death” means the death of a Louisiana resident death certificate, a schedule listing the expenses paid, and while pregnant, during labor and delivery, or within one copies of the receipts must be attached to the return. year after childbirth from a pregnancy complication, a chain of events initiated by the pregnancy, or the 80F - Other Refundable Credit – Reserved for future credits. aggravation of an unrelated condition by the normal INSTRUCTIONS FOR PRIORITY 4 REFUNDABLE CREDITS, SCHEDULE RC-P4 REFUNDABLE PRIORITY 4 CREDITS, LINES 1 THROUGH 5 CODE Below is a list of additional refundable tax credits available for percent of any excess credit is refundable, and for total Louisiana income tax. Enter the credit description, identifying eligible amounts of $10,000 or more, 75 percent of code, and the dollar amount claimed in the appropriate spaces on any excess credit up to a maximum of $750,000 is Lines 1 through 5. refundable. Copies of the tax assessment and the canceled NOTE: Use only the codes referenced in the table of Schedule check in the payment of the tax must be attached. The RC-P4. The codes listed here are not interchangeable with inventory tax credit is nonrefundable for taxes paid on other codes listed in this booklet. inventory by any manufacturer who claimed the property tax exemption under the Industrial Tax Exemption Example: program (ITEP) during the same year the inventory Credit Description Code Amount of Credit Claimed taxes were paid. Copies of the tax assessment and the canceled check in payment of the tax must be attached. Inventory Tax 5 0 F 4 0 0 00 51F - Ad Valorem Natural Gas – You must attach Form R-10610 . to your return. R.S. 47:6006 allows a credit against income LINE 6 – REFUNDABLE PRIORITY 4 CREDITS – Add Lines 1 tax for ad valorem taxes paid to political subdivisions in through 5 enter the result here and on Form IT-541, Line 17. Louisiana on natural gas held, used or consumed by providing natural gas storage services or operating natural CODE gas storage facilities. For purposes of the limitations on 50F - Inventory Tax – You must attach Form R-10610, Schedule refundability, members included in a consolidated federal of Ad Valorem Tax Credit Claimed by Manufacturers, tax return will be treated as one taxpayer. If the total amount Distributors, and Retailers, to your return. R.S. 47:6006 eligible for the credit is less than or equal to $500,000, allows a credit against income tax for ad valorem taxes 100 percent of any excess credit is refundable, and for paid to political subdivisions in Louisiana on inventory held total eligible amounts above $500,000, 75 percent of any by manufacturers, distributors, or retailers. For purposes excess credit up to a maximum of $750,000 is refundable. of the limitations on refundability, members included in For businesses formed or first registered to do business in a consolidated federal tax return will be treated as one Louisiana after April 15, 2016, if the total amount eligible for taxpayer. If the total amount eligible for the credit is less than the credit is less than $10,000, 100 percent of any excess or equal to $500,000, 100 percent of any excess credit is credit is refundable, and for total eligible amounts of $10,000 refundable, and for total eligible amounts above $500,000, or more, 75 percent of any excess credit up to a maximum of 75 percent of any excess credit up to a maximum of $750,000 $750,000 is refundable. is refundable. For businesses formed or first registered to do business in Louisiana after April 15, 2016, if the total amount eligible for the credit is less than $10,000, 100 14 |
Enlarge image | X DO NOT ATTACH THIS WORKSHEET TO YOUR RETURN. Interest and Penalty Calculation Worksheets In general, you will be charged interest and penalties if you do not Delinquent Filing Penalty Calculation Worksheet pay all amounts due on or before the due date. 1 Total penalty percentage. .25 1. A 2023 calendar year return is due on or before May 15, 2024 2 Amount you owe (Form IT-541, Line 26.) .00 and receives an automatic six months extension to November Total amount of delinquent filing penalty due 15, 2024. 3 (Multiply Line 2 by Line 1 and enter 2. Returns for fiscal years are due on or before the 15th day of the the result on Form IT-541, Line 28.) .00 fifth month after the close of the taxable year and receives an Important Notice: The sum of both the delinquent filing and automatic six months extension. delinquent payment penalties cannot exceed 25 percent of the 3. If the due date falls on a weekend or legal holiday, the return is tax due. Thirty-day increments are used for the calculation of the due the next business day. delinquent filing and delinquent payment penalties. These penalties Important: An extension does not relieve you of your are based on the date LDR receives the return or payment. In obligation to pay all tax amounts due by the original due date. addition to the delinquent penalties mentioned above, you may also incur an accuracy-related penalty under R.S. 47:1604.1 if Interest – If your income tax is not paid by the due date, you will circumstances indicate negligent failure to comply with rules and be charged interest on the unpaid tax until the balance is paid regulations. in full. The interest rate is variable, and the 2024 interest rate is posted on LDR’s website on Form R-1111, Interest Rate Schedule Delinquent Payment Penalty – If you fail to pay the tax due by - Collected on Unpaid Taxes. To compute the DAILY INTEREST the due date of May 15, 2024, a delinquent payment penalty of 5 RATE, multiply the 2024 monthly interest rate by 12 then divide percent of the tax not paid by the due date will accrue for each the result by 365 and carry out to seven places to the right of 30 days, or fraction thereof, during which the failure to pay the decimal. Example: Assume the 2024 monthly interest rate is continues. This penalty cannot exceed 25 percent of the tax due. 0.5833 percent, multiply 0.00583 by 12 then divide the result by Use the worksheet below to calculate that penalty. 365 to get the daily interest rate of 0.0002717. Delinquent Payment Penalty Calculation Worksheet Interest Calculation Worksheet 1 Number of days late from the due date. 1 Number of days late from the due date. 2 Daily interest rate (See instructions above.) 0._______ 2 Divide Line 1 by 30 days. ÷30 3 Interest rate (Multiply Line 1 by Line 2.) Number of 30-day periods (If fraction of 3 days remain, increase the amount to the 4 Amount you owe (Form IT-541, Line 26.) .00 nearest whole number.) enter the result on Form IT-541, Line 27). .00 5 Total interest due (Multiply Line 4 by Line 3, and 4 30-day penalty percentage .05 Total penalty percentage (Multiply Line 3 5 by Line 4. The result cannot exceed 25 Delinquent Filing Penalty – A delinquent filing penalty will be percent.) charged for failure to file a return on or before the extended due 6 Amount you owe (Form IT-541, Line 26.) date of November 15, 2024. The penalty is five percent of the tax .00 for each 30 days or fraction thereof during which the failure to file Total amount of Delinquent Payment 7 Penalty (Multiply Line 6 by Line 5 and enter continues. If you file after the extended due date, the delinquent the result on Form IT-541, Line 29.) .00 filing penalty that will be assessed is the maximum of 25 percent of the tax due. 15 |