Archive for February 18, 2010

RIB 10-006: Withholding Income Tax under the Military Spouses Residency Relief Act

A military spouse whose wages are exempt from Louisiana income tax under the Act may claim an exemption from Louisiana withholding tax by filing Form L-4E “Exemption from Withholding Louisiana Income Tax” with their employer. Form L-4E expires at the end of the year. Therefore, a military spouse must file a Form L-4E each year if the spouse qualifies for the exemption.

Click here to read the full text of Revenue Information Bulletin 10-006.

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RIB 10-009: Transfer of Tax Credits Certified by Other State Agencies

Title 47 of the Louisiana Revised Statutes authorizes several tax credits which must be certified by a state agency other than the Department of Revenue. This type of credit includes, but is not limited to, the motion picture credit and the digital interactive media credit which are certified by the Louisiana Department of Economic Development and the historic rehabilitation credits which are certified by the Division of Historic Preservation within the Louisiana Department of Culture, Recreation and Tourism. In all of these credits, the Department of Revenue requires a copy of the certification of expenses by the agency in order to allow a taxpayer to claim the credits on a tax return.

Click here to read the full text of RIB 10-009.

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RIB 10-007: Affidavits of Small Succession

Affidavits of small succession are no longer required to be filed with the Louisiana Department of Revenue (LDR). Act 81 of the 2009 Regular Session of the Louisiana Legislature amended Louisiana Code of Civil Procedure (La. CCP) Article. 3432 and repealed Article. 3433 to no longer require an affidavit of small succession to be submitted to LDR. Act 81 further amended La. CCP Article 3421 to change the definition of small succession. Beginning January 1, 2010, “small succession” is defined as the succession of a person who dies owning an interest in property located in Louisiana which has a gross value of $75,000 or less.

 Click here to read the full text of Revenue Information Bulletin 10-007.

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RIB 10-005: Military Spouses Residency Relief Act

The Louisiana Department of Revenue (LDR) has issued Revenue Information Bulletin 10-005, which discusses the Military Spouses Residency Relief Act.  The Act amends the Servicemembers Civil Relief Act.  It was signed into law on November 11, 2009.  The Act is effective for tax years beginning 2009 and is not retroactive.

 The Act, among other things, prohibits a servicemember’s spouse from losing or acquiring a residence or domicile for purposes of income taxation because of being absent or present in any tax jurisdiction of the United States solely to be with the servicemember in compliance with the servicemember’s military orders. The Act applies to spouses of servicemembers serving in most branches of the military, including the Coast Guard. However, it does not apply to spouses of the National Guard because members of the National Guard live and serve in their state of domicile.

Click here to read the full text of RIB 10-005.

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