La. Admin. Code tit. 28 § CLXV-705
Current through Register Vol. 50, No. 11, November 20, 2024
Section CLXV-705 - Child Care Facility Tax CreditA. The average monthly number of children as used in R.S. 47:6105 is to be determined on a calendar year basis, and the child care facility shall claim the credit for the tax year that includes December 31. The child care facility tax credit will be calculated based on the average monthly number of children participating full-time in CCAP or the foster care program, from January to December of a calendar year, as follows: 1. full-time participation is considered when CCAP or foster care program pays for at least 12 days of service per child during the month; or2. part-time participation is considered when CCAP or Foster Care Program pays for at least 40 hours of service per child during the month; or3. part-time participation is considered when CCAP or foster care program pays for at least 5 days but no more than 11 days of service per child during the month; or4. two part-time participants are considered one fulltime participant for purposes of this calculation.B. The department shall provide documentation to each qualifying child care facility of the average monthly number of children participating in CCAP or in the foster care program. If the child care facility has multiple sites, the department shall provide this information for each site. The certificate shall be delivered or mailed to all qualifying child care facilities by March 1 of the year following the year the credit is earned. The certificate shall include, but not be limited to, the following information: the child care facility name, the child care facility star rating, the early learning center license number or the family child care provider number, and the issue date and effective year from the department.C. Child care facilities that operate as a corporation or sole proprietorship shall submit or maintain the credit certificate as required by the secretary of the Department of Revenue in forms and instructions.D. For child care facilities that operate as flow-through entities such as partnerships, LLCs electing partnership treatment, or S corporations passing credits through to shareholders, every partner, member, or shareholder claiming the credit must submit or maintain copies of the information issued by the department for each site. Every partner, member, or shareholder claiming the credit must submit or maintain a schedule showing how the total credit is allocated to each partner, member or shareholder.E. The department shall provide information necessary for the secretary of the Department of Revenue to determine and/or verify the child care facility's quality rating.La. Admin. Code tit. 28, § CLXV-705
Promulgated by the Board of Elementary and Secondary Education and the Department of Revenue, LR 412118 (10/1/2015), Amended LR 481007 (4/1/2022).AUTHORITY NOTE: Promulgated in accordance with R.S. 17:6(10), R.S. 47:287.785, R.S. 47:295, R.S. 47:1511, and R.S. 47:6103.