Louisiana Revised Statutes 47:1855 – A. For the purposes of taxation by local taxing units in this state, the Louisiana Tax Commission shall allocate the assessed valuation of each company among the local taxing units i
Terms Used In Louisiana Revised Statutes 47:1855
- Appraisal: A determination of property value.
- Company: means a person, firm, association, organization, partnership, or corporation. See Louisiana Revised Statutes 47:1851
- Fair market value: The price at which an asset would change hands in a transaction between a willing, informed buyer and a willing, informed seller.
- movable property: means and includes all things other than real estate which have any pecuniary value, all monies, credits, investments in bonds, stocks, franchises, shares in joint stock companies, or otherwise. See Louisiana Revised Statutes 47:1702
- Other movable property: means all other property, corporeal or incorporeal, not included within the definitions of "immovable property" or "major movable property" and not immovable by nature or by disposition of law, which are so owned, leased, and so operated or used, including, but not limited to, material and supplies, inventories, fuel, leased rail, tools, furniture and fixtures, machinery, scales, pumps, water wells, communication equipment used solely in such enterprises and not available to the public, landing piers, docks, and all similar equipment. See Louisiana Revised Statutes 47:1851
- Property: includes every form, character and kind of property, real, personal, and mixed, tangible and intangible, corporeal and incorporeal, and every share, right, title or interest therein or thereto, and every right, privilege, franchise, patent, copyright, trade-mark, certificate, or other evidence of ownership or interest; bonds, notes, judgments, credits, accounts, or other evidence of indebtedness, and every other thing of value, in possession, on hand, or under the control, at any time during the calendar year for which taxes are levied, within the State of Louisiana, of any person, firm, partnership, association of persons, or corporation, foreign or domestic whether the same be held, possessed, or controlled, as owner, agent, pledgee, mortgagee, or legal representative, or as president, cashier, treasurer, liquidator, assignee, master, superintendent, manager, sequestrator, receiver, trustee, stakeholder, depository, warehouseman, keeper, curator, executor, administrator, legatee, heir, beneficiary, parent, attorney, usufructuary, mandatary, fiduciary, or other capacity, whether the owner be known or unknown; except in the cases of fire, life, or other insurance companies, the notes, judgments, accounts, and credits of nonresident persons, firms, corporations, partnerships, associations, or companies doing business in the State of Louisiana, originating from the business done in this state, are hereby declared to be property with its situs within this state. See Louisiana Revised Statutes 47:1702
- Public service properties: means the immovable, major movable, and other movable property owned or used but not otherwise assessed in this state in the operations of each airline, electric membership corporation, electric power company, express company, gas company, pipeline company, railroad company, telegraph company, telephone company, and water company. See Louisiana Revised Statutes 47:1851
- Railroad company: means a company primarily engaged in the business of operating a railroad or terminal either wholly or partially within this state on right-of-way owned, leased, or held exclusively by the company. See Louisiana Revised Statutes 47:1851
- Tax commission: means the Louisiana Tax Commission as established in Title 47, Section 1831 of the Louisiana Revised Statutes of 1950, or its successor. See Louisiana Revised Statutes 47:1851
A. For the purposes of taxation by local taxing units in this state, the Louisiana Tax Commission shall allocate the assessed valuation of each company among the local taxing units in accordance with the provisions of this Section on or before September first of each calendar year.
B.(1) The situs of immovable and other movable property shall determine the local taxing unit to which the assessed value of this property is assigned.
(2) For purpose of public service properties, the situs of stored natural gas shall be the parish in which such natural gas is stored and located. Such natural gas shall be appraised at its fair market value, assessed at twenty-five percent of its fair market value, and allocated to the parish of its situs according to the same assessment methods and practices in effect on December 31, 1994.
C. The assessed value of major movable property of a railroad company shall be allocated among the parishes and municipalities according to the ratio by which the assessed value of the company’s immovable and other movable property in the parish or municipality bears to the aggregate assessed value of all the company’s immovable and other movable property in the state to be there subject to all state taxes, and to all parish taxes levied and effective throughout the governmental boundaries of such entire parish only, and to all municipal taxes levied and effective throughout the governmental boundaries of such entire municipality only, and to all parish school taxes levied and effective throughout the governmental boundaries of such entire parish only, and to all municipal school taxes levied and effective throughout the governmental boundaries of such entire municipality only, and to school taxes levied by the Bogalusa and Monroe school districts, and to none other.
D. With respect to any company operating both inside and outside this state, the apportionment of the appraised value of the property which shall be assessed in this state shall be determined by one or the average of two or more of the following percentages:
(1) The miles of all company track within this state divided by the miles of all company track everywhere.
(2) The investment in company property within this state divided by investment in company property everywhere.
(3) Company operating revenues in this state divided by company operating revenues everywhere.
(4) The number of company revenue ton miles in this state divided by the number of company revenue ton miles everywhere.
(5) The number of company car and locomotive miles, both loaded and empty, in this state divided by the number of company car and locomotive miles, both loaded and empty, everywhere.
(6) The miles traveled by air or water by company property within this state divided by the miles traveled by air or water everywhere.
(7) The miles of all company pipelines (converted to one equivalent sized pipe) within the state, divided by the miles of all of the company’s pipelines (converted to one equivalent sized pipe) everywhere.
E. The Louisiana Tax Commission shall eliminate or adjust one or more of the above factors in any instance in which the use thereof does not accurately reflect the fair market value assignable to company property within this state. In such instance, the commission shall retain in the record of the appraisal the analysis used to make the determination that one or more of the factors established in Subsection D of this Section were not utilized in the allocation of assessed value.
F. The appraised value of all land owned by the company in this state shall be deducted from the appraised value of all property of the company in this state.
G.(1) Major movable or other movable property owned or used in Louisiana by a barge line or towing company not a resident of, nor domiciled in Louisiana, and having no agent or office in Louisiana shall be allocated for the purpose of ad valorem taxation to the local taxing unit in which the company has its primary business connections. Any value not allocated to any other parish shall be allocated to East Baton Rouge Parish. Business connections shall include but shall not be limited to use of port facilities, repair facilities, storage facilities, and the like. The Louisiana Tax Commission may adopt rules and regulations to further define business connections, and define primary business connections.
(2) For those companies not provided for in Paragraph (1) of this Subsection, major movable or other movable property owned or used in Louisiana by a company not a resident of, nor domiciled in Louisiana, and having no agent or office in this state shall be allocated to East Baton Rouge Parish; provided, that in the event an assessor shall certify to the tax commission that, as of January first, certain identifiable major movables were present in his parish, the tax commission shall allocate the value of that major movable to the certifying parish.
H. Major movable or other movable property owned or used in Louisiana by a company having an agent or office in this state shall be allocated to the taxing unit in which that agent or office is located.
Acts 1976, No. 703, §1; Acts 1989, No. 411, §1, eff. Jan. 1, 1990; Acts 1990, No. 410, §1; H.C.R. No. 88, 1993 R.S., eff. May 30, 1993; H.C.R. No. 1, 1994 R.S., eff. May 11, 1994; Acts 1995, No. 370, §1, eff. July 1, 1995; Acts 2018, No. 591, §1.