La. Admin. Code tit. 13 § I-3945

Current through Register Vol. 50, No. 11, November 20, 2024
Section I-3945 - Purpose and Definitions
A. Purpose
1. The primary purpose of this Subchapter is to encourage the use of Louisiana public port facilities for cargo imports which in turn will foster the development of new port infrastructure facilities for the manufacturing, distribution, and warehousing of imported goods.
2. This program presents a streamlined and efficient method for applying for and utilizing tax credits for imports that place Louisiana in an equal position with competing states' that have similar programs in place to incentivize the growth of cargo imports.
B. Definitions

Actual Cargo Volume-total amount of imported cargo received (in TEU's) by a port facility user within its port credit incentive period.

Application Date-the date an application, application fee and all information required to make a determination of eligibility is received by LED.

Base Cargo Volume-average amount of imported cargo received (in TEU's) by a port facility user in the three years preceding an application for port credits. Only cargo that is owned by a port facility user at the time the port facility is used may be included in the calculation of base cargo volume.

Base Cargo Volume Period-the three-hundred sixty-five-day period ending on the last day of the month immediately preceding the month in which an application for port credits is submitted to LED, provided that project agreements awarding port credits may specify a different base cargo volume period.

LDR-the Louisiana Department of Revenue.

LED-the Louisiana Department of Economic Development.

Net New TEUs-the number of TEUs of actual cargo volume imported through a public port during the port credit incentive period in excess of the applicant's base cargo volume during the applicant's base cargo volume period.

Port Credit-a one-time tax credit of up to $50 per TEU of cargo imported through a Louisiana public port, or up to $100 per TEU of cargo imported through a Louisiana public port if entering into a project agreement with the state, that may be applied against Louisiana tax liability.

Port Credit Incentive Period-the 365-day period designated by an applicant on its application as the 12-month period in which it is eligible to earn port credits, as approved by LED, provided that the port credit incentive period shall begin no earlier than the first day of the month immediately following the date the application is submitted to LED. Project agreements awarding port credits may specify a port credit incentive period beginning on any date mutually agreed to by the parties.

Port Facility User-any person engaged in the manufacturing, warehousing, or distribution of goods imported through a public port of the state.

Public Port-any deep-water port commission or port, harbor and terminal district as defined in article VI, section 44 of the Constitution of Louisiana, and any other port, harbor, and terminal district established under title 34 of the Louisiana Revised Statutes of 1950.

TEU-20-foot equivalent unit, that is a standard measurement in shipping volumes in units of 20-foot long containers.

La. Admin. Code tit. 13, § I-3945

Promulgated by the Department of Economic Development, Office of the Secretary, LR 48404 (3/1/2022).
AUTHORITY NOTE: Promulgated in accordance with R.S. 47:6036.1