A. There is hereby levied a tax upon the sale at retail, the use, the consumption, the distribution, and the storage for use or consumption in this state, of each item or article of tangible personal property, as defined herein, the levy of said tax to be as follows:
(1) At the rate of two per centum (2%) of the sales price of each item or article of tangible personal property when sold at retail in this state; the tax to be computed on gross sales for the purpose of remitting the amount of tax due the state, and to include each and every retail sale.
(2) At the rate of two per centum (2%) of the cost price of each item or article of tangible personal property when the same is not sold but is used, consumed, distributed, or stored for use or con-
sumption in this state; provided there shall be no duplication of the tax.
Acts 1948, No. 9, eff. June 7, 1948.
B. There is hereby levied a tax upon the lease or rental within this state of each item or article of tangible personal property, as defined herein; the levy of said tax to be as follows:
(1) At the rate of two per centum (2%) of the gross proceeds derived from the lease or rental of tan- gible personal property, as defined herein, where the lease or rental of such property is an estab- lished business, or part of an established busi- ness, or the same is incidental or germane to the said business.
(2) At the rate of two per centum (2%) of the monthly lease or rental price paid by lessee or rentee, or contracted or agreed to be paid by lessee or rentee to the owner of the tangible personal property.
Acts 1948, No. 9, eff. June 7, 1948.
Text of subsection C effective until August 2, 2002.
C. There is hereby levied a tax upon all sales of services, as herein defined, in this State, at the rate of two per centum (2%) of the amounts paid or charged for such services.
The tax levied in this Section shall be collected from the dealer, as defined herein, shall be paid at the time and in the manner hereinafter provided, and shall be, in addition to all over taxes, whether levied in the form of excise, license, or privilege taxes, and shall be in addition to taxes levied under the provisions of Chapter 3 of Subtitle II of this Title.
Acts 1948, No. 9, eff. June 7, 1948.
Text of subsection C effective August 2, 2002 until April 1, 2016, unless repealed following legislative or judicial determination as speci- fied in Acts 2001, No. 1175, § 5.
C. (1) There is hereby levied a tax upon all sales of services, as herein defined, in this state, at the rate of two percent of the amounts paid or charged for such services.
(2) Notwithstanding any provision of law to the contrary, effective on April 1, 2016, as provided by Act 22 of the 2000 Regular Session, the tax levied by this Section shall not apply to the furnishing of interstate telecommunication services, as defined in R.S. 47:301(14)(i)(iv)(ff), which are reflected on bills submitted by telecommunication service providers to their customers which are dated on and after that date, regardless of when such services were provided.
(3) The tax levied in this Section shall be collected from the dealer, as defined herein, shall be paid at the time and in the manner hereinafter provided, and shall be, in addition to all other taxes, whether levied in the form of excise, license, or privilege taxes, and shall be in addition to taxes levied under the provisions of Chapter 3 of Subtitle II of this Title.
(4) In the case of mobile telecommunications services, charges for the services which are billed by or for the customer’s home service provider shall be deemed to be provided by the customer’s home service provider and are subject to the tax imposed by this Paragraph if the customer’s place of primary use is located in the state.
Text of subsection C as amended by Acts 2001, No. 1175, § 3, effective pursuant to Acts 2001, No. 1175, § 5, following judicial determination substantially limiting or impairing essential elements of Sections 1 or 2 of Act 1175.
C. (1) There is hereby levied a tax upon all sales of services, as herein defined, in this state, at the rate of two percent of the amounts paid or charged for such services.
(2) Notwithstanding any provision of law to the contrary, effective on April 1, 2016, as provided by Act 22 of the 2000 Regular Session, the tax levied by this Section shall not apply to the furnishing of interstate telecommunication services, as defined in R.S. 47:301(14)(i)(iv)(ff), which are reflected on bills submitted by telecommunication service providers to their customers which are dated on and after that date, regardless of when such services were provided.
(3) The tax levied in this Section shall be collected from the dealer, as defined herein, shall be paid at the time and in the manner hereinafter provided, and shall be, in addition to all other taxes, whether levied in the form of excise, license, or privilege taxes, and shall be in addition to taxes levied R.S. 47:302(B)
under the provisions of Chapter 3 of Subtitle II of this Title.
Text of subsection C effective April 1, 2016.
C. (1) There is hereby levied a tax upon all sales of services, as herein defined, in this state, at the rate of two percent of the amounts paid or charged for such services.
(2) Notwithstanding any provision of law to the contrary, the tax levied by this Section shall not apply to the furnishing of interstate telecommu- nication services, as defined in R.S. 47:301(14)(i)(iv)(ff).
(3) The tax levied in this Section shall be collected from the dealer, as defined herein, shall be paid at the time and in the manner hereinafter provided, and shall be, in addition to all other taxes, whether levied in the form of excise, license, or privilege taxes, and shall be in addition to taxes levied under the provisions of Chapter 3 of Subtitle II of this Title.
Amended by Acts 2000, No. 22, eff. June 15, 2000; Acts 2001, No. 1175, eff. August 2, 2002. D. Notwithstanding any other provision of law to the contrary, no state sales or use tax nor any such tax levied by a political subdivision shall be levied on any advertising service rendered by an advertising business, including but not limited to advertising agencies, design firms, and print and broadcast media, or any member, agent, or em- ployee thereof, to any client whether or not such service also involves a transfer to the client of tangible personal property. However, a transfer of mass-produced advertising items by an advertis- ing business which manufactures the items itself to a client for the client’s use, which transfer involves the furnishing of minimal services other than manufacturing services by the advertising business shall be a taxable sale or use of tangible personal property; provided that in no event shall tax be levied on charges for creative services which are separately invoiced.
Added by Acts 1987, No. 869, eff. January 1, 1982.
E. No exemption from the state sales and use tax granted after the effective date of this Act and granted pursuant to the provisions of this Chap- ter or Chapter 2-A of Title 47 of the Louisiana Revised Statutes of 1950 shall be applicable to any sales and use tax levied by any local govern-
mental subdivision or school board unless the state exemption specifically provides that it ap- plies to such sales and use tax levies. In the absence of any such specific application of the state exemption to sales and use tax levies of any local governmental subdivision or school board, any state exemption granted pursuant to the provisions of this Chapter or Chapter 2-A of Title 47 of the Louisiana Revised Statutes of 1950 shall be applicable only to the levy and collection of the state sales and use tax.
Added by Acts 1978, No. 205, eff. June 29, 1978. F. Notwithstanding any other provision of law to the contrary, including but not limited to any contrary provisions of this Chapter, for the period August 1, 1988 through June 30, 1989, the exemptions to the tax levied pursuant to the provisions of this Section, except for those exemp- tions provided by R.S. 39:467 and 468, R.S. 47:305(A)(1), (B), (D)(1)(f), (j), (k), (l), (m), (s), (G), 305.1, 305.2, 305.3, 305.8, 305.15, 305.20, 305.37, 305.38, 305.46, and R.S. 51:1787, shall be inapplicable, inoperable and of no effect. Added by Acts 1988, No. 842, eff. August 1, 1988. G. Notwithstanding any other provision of law to the contrary, including but not limited to any contrary provisions of this Chapter, for the period July 1, 1990 through June 30, 1991, the exemp- tions to the two percent tax levied pursuant to the provisions of this Section, except for those exemp- tions provided by R.S. 39:467 and 39:468, R.S. 47:305(A)(1), (B), (D)(1)(f), (j), (k), (l), (m), (s), (G), 47:305.1, 47:305.2, 47:305.3, 47:305.8, 47:305.10, 47:305.14, 47:305.15, 47:305.20, 47:305.37, 47:305.38, 47:305.46, and R.S. 51:1787, shall be inapplicable, inoperable, and of no effect.
Added by Acts 1990, No. 155, eff. July 1, 1990; Amended by Acts 1990, No. 386, eff. July 10, 1990.
H. Notwithstanding any other provisions to the contrary, including but not limited to any con- trary provisions of this Chapter, for the period July 1, 1991 through June 30, 1992, the exemp- tions to the tax levied pursuant to the provisions of this Section, except for those exemptions pro- vided by R.S. 39:467 and 468, R.S. 47:305(A)(1), (B), (D)(1)(f), (j), (k), (l), (m), (s), (G), 305.1, 305.2, 305.3, 305.8, 305.10, 305.14, 305.15, 305.20, 305.25(A)(1) and (2), 305.37, 305.38, 305.46, and R.S. 51:1787, shall be inapplicable, inoperable, and of no effect.
I. Notwithstanding any other provision of law to the contrary, including but not limited to any contrary provisions of this Chapter, for the period July 1, 1992 through June 30, 1994, the exemp- tions to the tax levied pursuant to the provisions of this Section, except for those exemptions pro- vided by R.S. 39:467 and 468, R.S. 47:305(A)(1), (B), (D)(1)(f), (j), (k), (l), (m), (s), (G), 305.1, 305.2, 305.3, 305.8, 305.10, 305.14, 305.15, 305.20, 305.25(A)(1) and (2), 305.37, 305.38, 305.46, and R.S. 51:1787, shall be inapplicable, inoperable, and of no effect.
Added by Acts 1992, No. 563, eff. July 1, 1992. J. Notwithstanding any other provisions of law to the contrary, including the provisions of Subsec- tion I of this Section as proposed by House Bill 568 of the 1992 Regular Session, the provisions of R.S. 47:305(D)(1)(t) shall remain in effect for the period beginning on July 1, 1992 and ending on June 30, 1994.
Added by Acts 1992, No. 926, eff. July 1, 1992. K. An additional tax shall be levied as follows: (1) At the rate of four percent of the sales price of each item or article of tangible personal property when sold at retail in this state; the tax to be computed on gross sales for the purpose of remit- ting the amount of tax due the state, and to include each and every retail sale.
(2) At the rate of four percent of the cost price of each item or article of tangible personal property when the same is not sold but is used, consumed, distributed, or stored for use or consumption in this state; provided there shall be no duplication of the tax.
(3) The tax levied under this Subsection shall be in addition to the tax levied upon such sales under Subsection A of this Section and any other tax levied under other Sections of this Chapter, and shall be subject to the same definitions, exemptions, tax credits, penalties, and limita- tions now or hereafter prescribed in this Chapter. (4) The tax levied under this Subsection shall be paid in lieu of any sales or use tax which would otherwise be levied and collected by a local politi- cal jurisdiction of this state.
(5) The tax levied under this Subsection shall be levied and collected only from vendors who qualify as a “dealer” in this state solely by virtue of engaging in regular or systematic solicitation of a consumer market in this state by the distribution
of catalogs, periodicals, advertising fliers, or other advertising, or by means of print, radio, or televi- sion media, including but not limited to television shopping channels, by mail, telegraphy, tele- phone, computer database, cable, optic, micro- wave, or other communication system.
(6) The taxes levied under this Subsection shall be collected by the Department of Revenue, advised by a sales and use tax commission consisting of seven members appointed as follows: two mem- bers appointed by the Louisiana Municipal Asso- ciation; two members appointed by the Louisiana School Boards Association; two members ap- pointed by the Police Jury Association of Louisi- ana; and one member appointed by the Louisiana Association of Tax Administrators. The secretary shall assess a collection fee, not to exceed one percent of the proceeds of the tax, as reimburse- ment for the actual cost of collection of the tax. The department shall keep the commission in- formed on a regular basis of the collection and distribution of the taxes collected.
(7) Pursuant to an appropriation by the legisla- ture, the secretary shall distribute the proceeds of the tax to the central local sales and use tax collector or, if none, the parish governing author- ity according to population. The central local sales and use tax collector or the parish governing authority shall at no charge distribute the tax proceeds received from the secretary to each political subdivision within the parish which lev- ies a sales and use tax or receives a portion of the proceeds of a parishwide sales and use tax levy, in accordance with each such political subdivision’s pro rata share of local sales and use tax receipts collected on all other transactions subject to local sales and use taxes during the most recent state fiscal year for which data is available within thirty days of receipt of the proceeds.
Added by Acts 1994, no. 18, eff. August 15, 1994. L. Notwithstanding any other provision of law to the contrary, including but not limited to any contrary provisions of this Chapter, for the period July 1, 1994 through June 30, 1996, the exemp- tions to the tax levied pursuant to the provisions of this Section, except for those exemptions pro- vided by R.S. 39:467 and 468, R.S. 47:305(A)(1), (B), (D)(1)(f), (j), (k), (l), (m), (s), and (t), and (G), 305.1, 305.2, 305.3, 305.8, 305.10, 305.14, 305.15, 305.20, 305.25(A)(1) and (2), 305.37, 305.38, and 305.46, and R.S. 51:1787, shall be inapplicable, inoperable, and of no effect.
Added by Acts 1994, No. 20, eff. July 1, 1994. R.S. 47:302(I)
M. Notwithstanding any other provision of law to the contrary, including but not limited to any contrary provisions of this Chapter, for the period July 1, 1996 through June 30, 1998, the exemp- tions to the tax levied pursuant to the provisions of this Section, except for those exemptions pro- vided by R.S. 39:467 and 468, R.S. 47:305(A)(1), (B), (D)(1)(f), (j), (k), (l), (m), (s), and (t), and (G), 305.1, 305.2, 305.3, 305.8, 305.10, 305.14, 305.15, 305.20, 305.25(A)(1) and (2), 305.37, 305.38, 305.46, and 305.50, and R.S. 51:1787, shall be inapplicable, inoperable, and of no effect. Added by Acts 1996, No. 5, eff. July 1, 1996. N. Notwithstanding any other provision of law to the contrary, including but not limited to any contrary provisions of this Chapter, for the period July 1, 1998 through June 30, 2000, the exemp- tions to the tax levied pursuant to the provisions of this Section, except for those exemptions pro- vided by R.S. 39:467 and 468, R.S. 47:305(A)(1), (B), (D)(1)(f), (j), (k), (l), (m), (s), and (t), and (G), 305.1, 305.2, 305.3, 305.8, 305.10, 305.14, 305.15, 305.20, 305.25(A)(1) and (2), 305.37, 305.38, 305.46, and 305.50, and R.S. 51:1787, shall be inapplicable, inoperable, and of no effect. Added by Acts 1998, No. 1, eff. July 1, 1998. O. Notwithstanding any other provision of law to the contrary, including but not limited to any contrary provisions of this Chapter, for the period July 1, 2000 through June 30, 2002, the exemp- tions to the tax levied pursuant to the provisions of this Section, except for those exemptions pro- vided by R.S. 39:467 and 468, R.S. 47:305(A)(1), (B), (D)(1)(f), (j), (k), (l), (m), (s), and (t), and (G), 305.1, 305.2, 305.3, 305.8, 305.10, 305.14, 305.15, 305.20, 305.25(A)(1) and (2), 305.37, 305.38, 305.46, and 305.50, and R.S. 51:1787, shall be inapplicable, inoperable, and of no effect. Added by Acts 2000, 1st Ex. Sess., No 18, eff. July 1, 2000.
P. Notwithstanding any other provision of law to the contrary, the exemption provided in R.S. 47:305.51 shall be applicable, operable, and ef- fective for the period April 1, 2001 through June 30, 2002.
Added by Acts 2001, 1st Ex. Sess., No. 5, eff. March 27, 2001.
Suspension of Exemptions—1990
Acts 1990, No. 386, § 1, enacts R.S. 47:302(G) and 47:331(E), suspending certain sales and use tax exemptions for the period of July 10,
1990 through June 30, 1991. Sections 2 to 5 of Acts 1990, No. 386 provide:
“Section 2. Notwithstanding any provision of law to the contrary, the implementation of this Act shall be deemed an emergency for purposes of the Louisiana Procurement Code. All purchases, including but not limited to the procurement of printing and other services, necessary for the implementation of this Act shall be made by the central purchasing agency pursuant to the emergency procurement pro- cedures as provided in R.S. 39:1598 and appli- cable rules and regulations. The emergency conditions shall be deemed to have ceased on August 1, 1990, and further purchases of print- ing and other services shall no longer be made pursuant to the provisions of R.S. 39:1598. Section 3. The collection of such taxes upon previously exempt transactions by the dealer in accordance with the provisions of R.S. 47:303 shall not be impaired by any rule, regulation, or order of any public body, agency or authority.
Section 4. Each merchant or dealer who shall incur a cost to reprogram cash registers, in- cluding computer programming, as a result of a change in the state sales and use tax rate of base shall be allowed a deduction against the tax due and accounted for and remitted to the secretary. The deduction for such costs shall not exceed twenty-five dollars per each cash register reprogrammed, and such costs must be invoiced and filed with the merchant’s or dealer’s tax return.
Section 5. The provisions of Sections 1 and 3 of this Act shall become effective on July 10, 1990; all other provisions of this Act shall become effective upon signature by the gover- nor or, if not signed by the governor, upon expiration of the time for bills to became law without signature of the governor, as provided in Article III, Section 18 of the Constitution of Louisiana. It is the intention of the legislature that the tax exemptions made inapplicable, inoperative, and of no effect for the period July 10, 1990 through June 30, 1991, by virtue of Section 1 of this Act shall resume, commence, and become effective on July 1, 1991.”
Suspension of Exemptions
“It is the intention of the legislature that the exemptions made inapplicable, inoperative, and of no effect for the period July 1, 1990 through July 18, 1990 shall resume, com- mence, and become effective on July 19, 1990.”