La. Admin. Code tit. 13 § I-2711

Current through Register Vol. 50, No. 11, November 20, 2024

Section I-2711 - Eligible Commercialization Costs

A. Investment in machinery and equipment shall include:

1. the purchase price, including any taxes and costs of delivery and installation, and the capitalized amount of a capitalized lease;

2. the machinery and equipment must remain in use at the business location during the five tax years the taxpayer is eligible to earn the credit or its expected useful life, whichever is less. The sales price, trade in value, or other value received in the sale or disposition of the machinery or equipment shall be deducted from the commercialization costs for that year.

B. Other expenditures must be associated with obtaining the rights to use or the use of technology, and may include:

1. any transaction costs incurred in obtaining technology rights such as attorney fees for negotiation of licensing agreements, accounting, or other fees;

2. costs incurred for the use of technology such as royalties or licensing fees; and

3. costs incurred in protecting the rights to technology such as costs for filing or obtaining patents, recordation fees.

C. No expenditures for which a research and development tax credit was claimed pursuant to R.S. 47:6015 shall be eligible as a commercialization cost.

La. Admin. Code tit. 13, § I-2711

Promulgated by the Department of Economic Development, Office of Business Development Services, Business Resources Division, LR 30:980 (May 2004), amended LR 36:310 (February 2010).

Editor's Note: This section was formerly §2713

AUTHORITY NOTE: Promulgated in accordance with R.S. 51:2353.