La. R.S. 47:6016.1 — Louisiana New Markets Jobs Act; premium tax credit

A. The provisions of this Section shall be known as and may be cited as the
"Louisiana New Markets Jobs Act".
B. As used in this Section, the following words, terms, and phrases have the meaning
ascribed to them unless a different meaning is clearly indicated by the context:
(1)(a) "Applicable percentage" means fourteen percent for the first and second credit
allowance dates and eight and one-half percent for the third and fourth credit allowance dates
for all qualified equity investments issued after August 1, 2013, and before August 1, 2020.
(b) "Applicable percentage" means fifteen percent for the fourth through sixth credit
allowance dates and ten percent for the seventh credit allowance for all qualified equity
investments issued on or after August 1, 2020.
(2) "Credit allowance date" means, with respect to any qualified equity investment,
the following:
(a) The date on which such investment is initially made.
(b) Each of the six anniversary dates of such date thereafter.
(3) "Department" means the Department of Revenue, unless otherwise noted.
(4) "Impact business" means a qualified active low-income community business
located in Louisiana that is either located in a rural parish or in the recovery zone or is more
than fifty percent owned by women, minorities, or military veterans.
(5) "Purchase price" means the amount paid to the issuer of a qualified equity
investment for such qualified equity investment.
(6) "Recovery zone" means any parish for which the Federal Emergency
Management Agency of the United States Department of Homeland Security has made a
determination that the parish is eligible for both individual and public assistance under the
declaration of major disaster for the state of Louisiana for the duration of that declaration.
Follow-on investments in a qualified active low-income community business that was
qualified by its location in a recovery zone at the time of the initial qualified low-income
community investment in that business shall be considered qualified low-income community
investments even if made after the end of the declaration, subject to other provisions of this
Section.
(7) "Rural parish" means the following:
(a) With respect to qualified equity investments issued before August 1, 2023, a
parish with a population of less than one hundred thousand as of the July 1, 2019, census
estimate by the United States Census Bureau.
(b) With respect to qualified equity investments issued after August 1, 2023, a parish
with a population of less than one hundred thousand as of the most recent federal decennial
census.
(8) "Qualified active low-income community business" has the meaning given such
term in Section 45D of the Internal Revenue Code of 1986, as amended, and 26 CFR
1.45D-1.
(a) With respect to qualified equity investments issued on or after August 1, 2020,
a qualified active low-income community business shall also be engaged in an industry
assigned a primary North American Industry Classification System code within sector 11,
21, 23, 31, 32, 33, 42, 48, 49, 54, 56, 62, 72, or 81 and have total employees that do not
exceed the greater of two hundred fifty and the number of employees set forth for the
business's North American Industry Classification System code sector in 13 CFR 121.201.
(b) With respect to qualified equity investments issued on or after August 1, 2020,
a business that otherwise satisfies this definition but for being located in a low-income
community, as defined in Section 45D of the Internal Revenue Code of 1986, as amended
and 26 CFR 1.45D-1, shall satisfy this definition if the business is located in the recovery
zone.
(9) "Qualified community development entity" has the meaning given such term in
Section 45D of the Internal Revenue Code of 1986, as amended; provided that such entity
has entered into, for the current year or any prior year, an allocation agreement with the
Community Development Financial Institutions Fund of the U.S. Department of Treasury
with respect to credits authorized by Section 45D of the Internal Revenue Code of 1986, as
amended, which includes the state of Louisiana within the service area set forth in such
allocation agreement. The term shall include qualified community development entities that
are controlled by or under common control with any such qualified community development
entity. With respect to qualified equity investments issued on or after August 1, 2020, the
term excludes any qualified community development entity that, together with its affiliates,
has invested less than one hundred million dollars in Louisiana qualified active low-income
community businesses or other Louisiana investments.
(10) "Qualified equity investment" means any equity investment in a qualified
community development entity that meets each of the following criteria:
(a) Is acquired after August 1, 2013, at its original issuance solely in exchange for
cash or, if not so acquired, was a qualified equity investment in the hands of a prior holder.
(b) Has at least one hundred percent of its cash purchase price used by the issuer to
make qualified low-income community investments in qualified active low-income
community businesses located in this state by the first anniversary of the initial credit
allowance date with respect to qualified equity investments issued prior to August 1, 2020,
and after August 1, 2023, and within nine months of the initial credit allowance date with
respect to qualified equity investments issued on or after August 1, 2020, and before August
1, 2023.
(c) Is designated by the issuer as a qualified equity investment under this Paragraph
and is certified by the department as not exceeding the limitation contained in Paragraph
(E)(5) of this Section.
(11) "Qualified low-income community investment" means any capital or equity
investment in, or loan to, any qualified active low-income community business. With respect
to any one qualified active low-income community business, the maximum amount of
qualified low-income community investments made in that business, on a collective basis
with all of its affiliates that may be counted towards satisfaction of Subparagraph (10)(b) of
this Subsection is ten million dollars for qualified equity investments issued prior to August
1, 2020, five million dollars for qualified equity investments issued on or after August 1,
2020, and before August 1, 2025, and ten million dollars for qualified equity investments
issued on or after August 1, 2025, whether issued by one or several qualified community
development entities. Any amounts returned or repaid by such qualified active low-income
community business to a qualified community development entity may be reinvested in such
qualified active low-income community business by such qualified community development
entity and not be counted against the ten million dollar limit provided for in this Paragraph.
The caps on qualified low-income community investments per qualified low-income
community business shall only apply to awards of qualified equity investment authority on
a per application round basis authorized pursuant to Paragraph (E)(5) of this Section.
(12) "State premium tax liability" means any liability incurred by any entity under
the provisions of R.S. 22:831, 836, 838, and 842 except for liability incurred under R.S.
22:842(C).
C.(1) Any entity that makes a qualified equity investment is vested with an earned
credit against state premium tax liability that may be utilized as follows:
(a) On each credit allowance date of such qualified equity investment the entity, or
subsequent holder of the qualified equity investment, shall be entitled to utilize a portion of
such credit during the taxable year, including such credit allowance date.
(b) The credit amount shall be equal to the applicable percentage for such credit
allowance date multiplied by the purchase price paid to the issuer of such qualified equity
investment.
(2) The amount of the credit claimed by an entity shall not exceed the amount of
such entity's state premium tax liability for the tax year for which the credit is claimed. Any
amount of tax credit that the entity is prohibited from claiming in a taxable year as a result
of this Paragraph may be carried forward for use in future taxable years for a period not to
exceed five years.
D.(1) Tax credits earned by a partnership, limited liability company, S-corporation,
or other pass through entity may be allocated to the partners, members, or shareholders of
such entity for their direct use in accordance with the provisions of any agreement among
such partners, members, or shareholders.
(2)(a) Any tax credits not previously claimed by a taxpayer against its premium tax
may be transferred or sold to another Louisiana taxpayer, subject to the following conditions:
(i) A single transfer or sale may involve one or more transferees.
(ii) Transferors and transferees shall submit to the Department of Insurance, in
writing, a notification of any transfer or sale of tax credits within thirty days after the transfer
or sale of such tax credits, which notice contains the amount of the remaining tax credit
balance after transfer, all tax identification numbers for both transferor and transferee, the
date of the transfer, the amount transferred, the price paid by the transferee to the transferor,
and any other information required by the Department of Insurance.
(b) Failure to comply with this Paragraph will result in the disallowance of the tax
credit until the taxpayers are in full compliance.
(c) The transfer or sale of this credit does not extend the time in which the credit can
be used. The carry-forward period for a credit that is transferred or sold begins on the date
on which the credit was originally earned.
(d) To the extent that the transferor did not have rights to claim or use the credit at
the time of the transfer, the Department of Insurance shall either disallow the credit claimed
by the transferee or recapture the credit from the transferee.
E.(1) A qualified community development entity that seeks to have an equity
investment designated as a qualified equity investment and eligible for tax credits under this
Section shall apply to the department. On a form prescribed by the department, the qualified
community development entity shall include each of the following in or attached to its
application:
(a) Evidence of the applicant's certification as a qualified community development
entity, including evidence that Louisiana is included in the service area of the entity.
(b) A copy of the allocation agreement executed by an applicant, or its controlling
entity, and the Community Development Financial Institutions Fund.
(c) A certificate executed by an executive officer of the applicant attesting that either:
(i) The allocation agreement remains in effect and has not otherwise been revoked
or cancelled by the Community Development Financial Institutions Fund.
(ii) The allocation agreement has expired but was not revoked or cancelled by the
Community Development Institutions Fund and the applicant or its affiliates have received
a prior certification of qualified equity investment authority pursuant to this Section after
August 1, 2020.
(d) A description of the proposed amount, structure, and purchaser of the qualified
equity investment.
(e) Identifying information for any entity that will earn tax credits as a result of the
issuance of the qualified equity investment and community businesses in which they will
invest when submitting an application.
(f) Evidence that the applicant, on a collective basis with its affiliates, has invested
at least one hundred million dollars in Louisiana qualified active low-income community
businesses or other Louisiana investments.
(g) If the applicant, including affiliates, has received a prior certification of qualified
equity investment authority, a certificate executed by an executive officer of the applicant
attesting that the applicant, including affiliates, has not been subject to a deposit forfeiture
pursuant to Subsection H of this Section.
(2) Within thirty days after receipt of a completed application containing the
information set forth in Paragraph (1) of this Subsection, including the deposit if required in
Subsection H of this Section, the department shall grant or deny the application in full or in
part. If the department denies any part of the application, it shall inform the qualified
community development entity of the grounds for the denial. The department shall deny all
applications that do not satisfy Subparagraph (1)(g) of this Subsection. If the qualified
community development entity provides additional information required by the department
or otherwise completes its application within fifteen days of the notice of denial, the
application shall be considered completed as of the original date of the submission. If the
qualified community development entity fails to provide the information or complete its
application within the fifteen-day period, the application remains denied and must be
resubmitted in full with a new submission date, and the department shall refund the
performance deposit.
(3) If the application is granted, the department shall certify the proposed equity
investment as a qualified equity investment that is eligible for tax credits under this Section,
subject to the limitations contained in Paragraph (5) of this Subsection. The department shall
provide written notice of the certification to the qualified community development entity.
The notice shall include the names of those entities who will earn the credits and their
respective credit amounts. If the names of the entities that are eligible to utilize the credits
change due to a transfer of a qualified equity investment or an allocation pursuant to
Paragraph (D)(1) of this Section, the qualified community development entity shall notify
the Department of Insurance of such change.
(4) The department shall certify qualified equity investments in the order in which
applications are received by the department. Applications received on the same day shall be
deemed to have been received simultaneously. For applications that are complete and
received on the same day, the department shall certify, consistent with remaining qualified
equity investment capacity, the qualified equity investments in proportionate percentages
based upon the ratio of the amount of qualified equity investment requested in an application
to the total amount of qualified equity investments requested in all applications received on
the same day.
(5)(a) A total of fifty-five million dollars of qualified equity investment authority
shall be available for certification and allocation. The department shall accept applications
beginning on August 1, 2013, for allocation and certification of up to fifty-five million
dollars of qualified equity investments.
(b) A total of seventy-five million dollars of qualified equity investment authority
shall be available for certification and allocation for applications beginning August 1, 2020.
The department shall accept applications beginning on August 1, 2020, for allocation and
certification of up to seventy-five million dollars of qualified equity investments.
(c) A total of one hundred fifty million dollars of qualified equity investment
authority shall be available for certification and allocation for applications beginning August
1, 2023. The department shall accept applications beginning on August 1, 2023, for
allocation and certification of up to one hundred fifty million dollars of qualified equity
investments.
(d) A total of one hundred fifty million dollars of qualified equity investment
authority shall be available for certification and allocation for applications beginning August
1, 2025. The department shall accept applications beginning on August 1, 2025, for
allocation and certification of up to one hundred fifty million dollars of qualified equity
investments.
(e) If a pending request cannot be fully certified due to these limits of qualified
equity investment authority, the department shall certify the portion of qualified equity
investment authority that may be certified unless the qualified community development entity
elects to withdraw its request rather than receive partial certification.
(6) An approved applicant may transfer all or a portion of its certified qualified
equity investment authority to its controlling entity or any qualified community development
entity that is controlled by or under common control with the applicant, provided that the
applicant provides the information required in the application with respect to such transferee
and the applicant notifies the department of such transfer with the notice of receipt of the
cash investment set forth in Paragraph (7) of this Subsection.
(7) Within thirty days of the applicant receiving certification of qualified equity
investment authority, the qualified community development entity or any transferee under
Paragraph (6) of this Subsection shall issue the qualified equity investment, receive cash in
the amount of the certified amount and, with respect to qualified equity investments issued
before August 1, 2020, designate an amount equal to the certified amount as a federal
qualified equity investment with the Community Development Financial Institutions Fund.
The qualified community development entity or transferee under Paragraph (6) of this
Subsection shall provide the department with evidence of the receipt of the cash investment
and, with respect to qualified equity investments issued before August 1, 2020, designation
of the qualified equity investment as a federal qualified equity investment within five
business days after receipt. If the qualified community development entity or any transferee
pursuant to Paragraph (6) of this Subsection does not receive the cash investment within
thirty days following receipt of the certification notice, the certification shall lapse and the
entity may not issue the qualified equity investment without reapplying to the department for
certification. Lapsed certifications revert back to the department and shall be reissued, first,
pro rata to other applicants whose qualified equity investment allocations were reduced
pursuant to Paragraph (4) of this Subsection and, thereafter, in accordance with the
application process.
F. The Department of Insurance shall recapture, from the entity that claimed the
credit on a return, the tax credit allowed pursuant to this Section if any of the following
occur:
(1) Any amount of a federal tax credit available with respect to a qualified equity
investment that is eligible for a credit under this Section is recaptured under Section 45D of
the Internal Revenue Code of 1986, as amended. In such case, the Department of Insurance's
recapture shall be proportionate to the federal recapture with respect to the qualified equity
investment.
(2) With respect to qualified equity investments issued before August 1, 2020, the
issuer fails to invest an amount equal to one hundred percent of the purchase price of the
qualified equity investment in qualified low-income community investments in Louisiana
within twelve months of the issuance of the qualified equity investment.
(3) With respect to qualified equity investments issued on or after August 1, 2020,
but before August 1, 2023, the issuer fails to invest an amount equal to one hundred percent
of the purchase price of the qualified equity investment in qualified low-income community
investments in Louisiana within nine months of the issuance of the qualified equity
investment with at least fifty percent of the purchase price invested in qualified low-income
community investments in impact businesses.
(4) With respect to qualified equity investments issued on or after August 1, 2023,
the issuer fails to invest an amount equal to one hundred percent of the purchase price of the
qualified equity investment in qualified low-income community investments in Louisiana
within twelve months of the issuance of the qualified equity investment with at least fifty
percent of the purchase price invested in qualified low-income community investments in
impact businesses.
(5) The issuer fails to maintain the levels of investment set forth in Paragraphs (2),
(3), and (4) of this Subsection in qualified low-income community investments in Louisiana
until the last credit allowance date for the qualified equity investment. For purposes of this
Section, an investment shall be considered held by an issuer even if the investment has been
sold or repaid if the issuer reinvests an amount equal to the capital returned to or recovered
by the issuer from the original investment, exclusive of any profits realized, in another
qualified low-income community investment within twelve months of the receipt of the
capital. Periodic amounts received during a calendar year as repayment of principal on a loan
that is a qualified low-income community investment shall be treated as continuously
invested in a qualified low-income community investment if the amounts are reinvested in
another qualified low-income community investment by the end of the following calendar
year as set forth in 26 CFR 1.45D-1. An issuer shall not be required to reinvest capital
returned from qualified low-income community investments after the sixth anniversary of
the issuance of the qualified equity investment, the proceeds of which were used to make the
qualified low-income community investment, and the qualified low-income community
investment shall be considered held by the issuer through the seventh anniversary of the
qualified equity investment's issuance.
G. Enforcement of the recapture provisions of Subsection F of this Section shall be
subject to a six-month cure period with respect to qualified equity investments issued before
August 1, 2020, and a three-month cure period with respect to qualified equity investments
issued on or after August 1, 2020. No recapture shall occur until the qualified community
development entity has been given notice of noncompliance by the Department of Insurance
and afforded six months from the date of such notice to cure the noncompliance.
H.(1) A qualified community development entity that seeks to have an equity
investment designated as a qualified equity investment and eligible for tax credits pursuant
to this Section shall pay a deposit in the amount of five hundred thousand dollars payable to
the department, provided that this requirement shall not apply to qualified community
development entities, including affiliates, that have received prior certifications of qualified
equity investment authority pursuant to this Section and have not been subject to forfeiture
of prior deposits. The entity shall forfeit the deposit in its entirety if either:
(a) The qualified community development entity and all transferees pursuant to
Paragraph (E)(6) of this Section fail to issue the total amount of qualified equity investments
certified by the department and receive cash in the total amount certified under Paragraph
(E)(5) of this Section within the time period set forth in Paragraph (E)(7) of this Section.
(b) The qualified community development entity or any transferee pursuant to
Paragraph (E)(6) of this Section that issues a qualified equity investment certified pursuant
to this Section fails to meet the investment requirement under Paragraph (F)(2) of this
Section by the second credit allowance date of such benefit of the six-month cure period
established pursuant to Subsection G of this Section or Paragraph (F)(3) of this Section by
the nine-month anniversary of the initial credit allowance date without the benefit of the
three-month cure period established pursuant to Subsection G of this Section or Paragraph
(F)(4) of this Section by the twelve-month anniversary of the initial credit allowance date
without the benefit of the three-month cure period established pursuant to Subsection G of
this Section.
(2) The deposit required by Paragraph (1) of this Subsection shall be deposited with
the department and held until such time as compliance with the provisions of this Subsection
shall have been established. The qualified community development entity may request a
return of the deposit from the department no earlier than thirty days after having met all the
requirements of Paragraph (1) of this Subsection. The department shall have thirty days to
comply with such request or give notice of noncompliance. In the event the qualified
community development entity fails to fulfill the conditions of Subparagraph (1)(a) of this
Section, then the amount payable from such deposit shall be retained by the department as
self-generated funds.
I.(1) An entity claiming a credit pursuant to this Section is not required to pay any
additional retaliatory tax levied by R.S. 22:836 as a result of claiming that credit.
(2) In addition to the exclusion in Paragraph (1) of this Subsection, it is the intent of
this Act that an entity claiming a credit pursuant to this Section is not required to pay any
additional tax that may arise as a result of claiming that credit.
J.(1)(a) Qualified community development entities that issue qualified equity
investments before August 1, 2020, and after August 1, 2023, shall submit a report to the
department within the first five business days after the first anniversary of the initial credit
allowance date that provides documentation as to the investment of one hundred percent of
the purchase price in qualified low-income community investments in qualified active
low-income community businesses, including qualified low-income community investments
made in satisfaction of Paragraph (F)(4) of this Section, located in Louisiana. The report
shall include:
(i) A bank statement of the qualified community development entity evidencing each
qualified low-income community investment.
(ii) Evidence that the business was a qualified active low-income community
business or impact business at the time of such qualified low-income community investment.
(b) Qualified community development entities that issue qualified equity investments
on or after August 1, 2020, but before August 1, 2023, shall submit a report to the
department within the first five business days after the nine-month anniversary of the initial
credit allowance date that provides documentation as to the investment of one hundred
percent of the purchase price in qualified low-income community investments in qualified
active low-income community businesses, including qualified low-income community
investments made in satisfaction of Paragraph (F)(3) of this Section, located in Louisiana.
The report shall include:
(i) A bank statement of the qualified community development entity evidencing each
qualified low-income community investment.
(ii) Evidence that the business was a qualified active low-income community
business or impact business at the time of such qualified low-income community investment.
(2) Thereafter, the qualified community development entity will submit an annual
report to the department within forty-five days of the beginning of the calendar year during
the compliance period. No annual report shall be due prior to the first anniversary of the
initial credit allowance date. The report shall include but is not limited to the following:
(a) Number of employment positions created and retained as a result of qualified
low-income community investments.
(b) Average annual salary of positions described in Subparagraph (a) of this
Paragraph.
(3) The qualified community development entity is not required to provide the
annual report set forth in Paragraph (2) of this Subsection for qualified low-income
community investments that have been redeemed or repaid.
(4) Qualified community development entities that issue qualified equity investments
after August 1, 2025, shall submit a report to the secretary of Louisiana Economic
Development within the first five business days after the first anniversary of the initial credit
allowance date and thereafter an annual report within forty-five days of the beginning of the
calendar year during the compliance period, that contains the following information:
(a) The name of each qualified active low-income community business that received
a qualified low-income community investment and a brief description of the qualified active
low-income community business, including its sector assigned by the North American
Industry Classification System code.
(b) The location of each qualified active low-income community business, including
whether the business is an impact business as defined in this Section.
(c) The amount of the qualified low-income community investment made in each
qualified active low-income community business.
(d) The number of employment positions created and retained as a result of the
qualified low-income community investment and the average salary of such positions,
including whether the positions offer benefits and training.
(e) The number of employment positions expected to be created as a result of each
such qualified low-income community investment.
(f) The poverty rate and median family income, based on the most recent census
estimate by the United States Census Bureau, for each low-income community with a
qualified active low-income community business that received a qualified low-income
community investment.
(g) The preceding twelve-month average monthly unemployment rate, based on
United States Bureau of Labor Statistics data, for each low-income community with a
qualified active low-income community business that received a qualified low-income
community investment.
(h) The amount of any federal qualified low-income community investment received
by each qualified active low-income community business.
(i) Any additional information the qualified community development entity may add
concerning the qualified low-income community investment and its impact on the
low-income community or the state, such as community support, environmental effects,
follow-up capital investment, and other related economic development impacts.
(5) The qualified community development entity is not required to provide the
annual report as provided for in Paragraph (4) of this Subsection for qualified low-income
community investments that have been redeemed or repaid.
K.(1) The department may promulgate rules to implement the provisions of this
Section.
(2) The department shall issue all forms and notices required hereunder in
accordance with the provisions of this Section.
L. The department shall notify the Department of Insurance of the name of any
insurance company allocated tax credits hereunder and the amount of such credits.
M. The provisions of this Section shall apply only to tax returns or reports originally
due on or after January 1, 2014.
N. Repealed by Acts 2024, 3rd Ex. Sess., No. 5, §3, eff. Jan. 1, 2025.
Acts 2013, No. 265, §1; Acts 2015, No. 357, §1; Acts 2020 1
st
Ex. Sess., No. 17, §1;
Acts 2020, 2
nd
Ex. Sess., No. 1, §1, eff. Oct. 16, 2020; Acts 2023, No. 433, §1, eff. June 27,
2023; Acts 2024, 3rd Ex. Sess., No. 5, §3, eff. Jan. 1, 2025; Acts 2025, No. 441, §1, eff. June
20, 2025.
NOTE: See Acts 2024, 3
rd
Ex. Sess., No. 5, §4, regarding applicability to franchise
tax periods beginning on or after Jan. 1, 2026.