Current through Register Vol. 50, No. 9, September 20, 2024
A. In
addition to the homestead exemption provided for in Section 20 of Article VII
of the constitution, the following property and no other shall be exempt from
ad valorem taxation:
1. public lands; other
public property used for public purposes;
2. property of a nonprofit corporation or
association organized and operated exclusively for religious, dedicated places
of burial, charitable, health, welfare, fraternal, or educational purposes, no
part of the net earnings of which inure to the benefit of any private
shareholder or member and which is declared to be exempt from federal or state
income tax:
a. medical equipment leased for a
term exceeding five years to such a nonprofit corporation or association which
owns or operates a small, rural hospital and which uses the equipment solely
for health care purposes at the hospital, provided that the property shall be
exempt only during the term of the lease to such corporation or association,
and further provided that "small, rural hospital" shall mean a hospital which
meets all of the following criteria:
i. it
has less than 50 Medicare-licensed acute care beds; and
ii. it is located in a municipality with a
population of less than 10,000 which has been classified as an area with a
shortage of health manpower by the United States Health Service;
3. property of a bona
fide labor organization representing its members or affiliates in collective
bargaining efforts; and
4. property
of an organization such as a lodge or club organized for charitable and
fraternal purposes and practicing the same, and property of a nonprofit
corporation devoted to promoting trade, travel, and commerce, and also property
of a trade, business, industry or professional society or association, if that
property is owned by a nonprofit corporation or association.
a. The exemption should be allowed only if it
is determined that the requesting organization has met all of the
constitutional requirements for exemption. Assessors may request the following
information from the taxpayer in order to make a determination of exemption:
i. completed LTC Form TC-80, Application for
Exemption-Real Estate Taxes;
ii.
certified copy of the articles of incorporation of the organization;
iii. certified copy of the by-laws of the
organization;
iv. copy of the
Internal Revenue Service letter granting the organization tax-exempt
status;
v. audited financial
statements for the preceding three years, along with an affidavit from the
organization's CPA and/or treasurer that the financial statements are true and
correct;
vi. federal tax returns
filed for the preceding three years; and
vii. affidavit from the president or other
duly appointed officer stating:
(a). the price
paid for each share of stock issued by the organization for the past five
years;
(b). whether or not over the
previous five years any dividends have been paid or interest accrued on the
value of the stock of the organization; and
(c). whether or not any part of the net
earnings of the organization inure to the benefit of any member of the
organization;
NOTE: See Louisiana Constitution of 1974, Article VII,
Section 21 B, for specific conditions of
authorization.
b. none of the property listed in
§103.A 2, 3, and 4 shall
be exempt if owned, operated, leased or used for commercial purposes unrelated
to the exempt purposes of the corporation or association;
5. cash on hand or deposit;
6. stocks and bonds, except bank stocks, the
tax on which shall be paid by the banking institution;
7. obligations secured by mortgage on
property located in Louisiana and the notes or other evidence
thereof;
8. loans by life insurance
companies to policyholders, if secured solely by their policies;
9. the legal reserve of domestic life
insurance companies;
10. loans by a
homestead or building and loan association to its members, if secured solely by
stock of the association;
11. debts
due for merchandise or other articles of commerce or for services
rendered;
12. obligations of the
state or its political subdivisions;
13. personal property used in the home or on
loan in a public place;
14.
irrevocably dedicated places of burial held by individuals for purposes of
burial of themselves or members of their families;
15. agricultural products while owned by the
producer, agricultural machinery and other implements used exclusively for
agricultural purposes (including crop dusting aircraft), animals on the farm,
and property belonging to an agricultural fair association (also see
R.S.
47:1707);
16. property used for cultural, Mardi Gras
carnival, or civic activities and not operated for profit to the
owners;
17. rights-of-way granted
to the state Department of Highways (DOTD);
18. boats using gasoline as motor
fuel;
19. commercial vessels used
for gathering seafood for human consumption;
20. ships and oceangoing tugs, towboats and
barges engaged in international trade and domiciled in Louisiana ports: a.
however, this exemption shall not apply to harbor, wharf, shed, and other port
dues or to any vessel operated in the coastal trade of the states of the United
States;
21. materials, boiler
fuels, and energy sources used by public utilities to fuel the generation of
electricity;
22. all incorporeal
movables of any kind or nature whatsoever, except public service properties,
bank stocks, and credit assessments on premiums written in Louisiana by
insurance companies and loan and finance companies. (See Louisiana Civil Code
of 1870, as amended, and
R.S.
47:1709);
23. raw materials, goods, commodities,
articles and personal property imported into this state from outside the states
of the United States or, held in storage while in transit through this state
which are moving in interstate commerce;
NOTE: See Louisiana Constitution, Article VII, Section 21 D;
and, R.S.
47:1951.1,
R.S.
47:1951.2 and
R.S.
47:1951.3 for specific conditions of
authorization. Property described in
§103.A 23, whether or not
entitled to exemption, shall be reported to the proper taxing authorities on
the forms required by law.
24. motor vehicles used on the public
highways of this state, from state, parish, municipal, and special ad valorem
taxes;
25. new manufacturing
establishments and additions to existing manufacturing establishments to the
extent tax exempt by virtue of an approved contract with the State Board of
Commerce and Industry, as authorized by Article VII, Section 21.F of the
Louisiana Constitution of 1974. Parish tax assessors shall give retroactive
effect to a fully approved ITEP contract or renewal, consistent with the terms
of the ITEP contract and the rules and regulations of the State Board of
Commerce and Industry, and parish tax assessors shall process change order
requests and/or approve refund request applications in order to give
retroactive effect to such an ITEP contract or refund;
26. coal or lignite stockpiled in Louisiana
for use in Louisiana for industrial or manufacturing purposes or for boiler
fuel, gasification, feedstock, or process purposes;
27. value of enhancements to certain
structures located in downtown, historic, or economic development districts to
be granted a limited exemption by the State Board of Commerce and Industry, if
approved by the governor and the local governing authority, as authorized by
Article VII, Section 21.H of the Louisiana Constitution of 1974;
28. goods held in inventory by distribution
centers, to be granted tax exemptions by the parish economic development or
governing authority, with the approval of each affected tax recipient body in
the parish, as authorized by Article VII, Section 21.I of the Louisiana
Constitution of 1974.
AUTHORITY NOTE:
Promulgated in accordance with the Louisiana Constitution of 1974, Article VII,
§21