La. Admin. Code tit. 40 § IX-707

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

Section IX-707 - Eligibility

A. Any taxpayer who employs an eligible apprentice duly indentured and registered under the approved Standards of Apprenticeship terms of a state apprenticeship program or a person who is enrolled in a training program accredited by the National Center for Construction Education and Research which has no less than four levels of training and no less than 500 hours of instruction is entitled to a non-refundable apprentice tax credit against any Louisiana individual or corporation income tax or corporation franchise tax each tax year equal to $1 for each hour of employment of each eligible apprentice, not to exceed 1,000 hours for each eligible apprentice provided such apprenticeships meet the following requirements.

1. A pre-apprentice shall not be considered to be an eligible apprentice, and a pre-apprentice is therefore not eligible for tax credits under this regulation.

2. For state apprenticeship training programs and for purposes of this tax credit only, the tax credit shall be limited to programs which are not less than 4,000 hours (2 years) of on the job training nor more than 10,000 hours (5 years) of on the job training according to the approved Standards of Apprenticeship.

3. Existing procedures and policies for the awarding of advanced status to apprentices for previous training or work experience will remain in effect. Time awarded in recognition of satisfactory completion of previous training or work experience shall not be eligible for a tax credit.

4. In accordance with Louisiana apprenticeship law, rule and policy, a finding that a state apprenticeship program is not in compliance with its approved standards of apprenticeship shall be sufficient cause for revocation of tax credit eligibility. Such revocation shall be applied regardless if the program sponsor is an employer, an association of employers, or an organization of employees for a period of one year or until such program has established compliance with said standards.

5. For NCCER apprentices, the state Department of Revenue shall determine, through rules, the enrollment and transcript data required from the National Center for Construction Education and Research for students enrolled in one of its accredited training programs which is sufficient for the department to determine the employer's eligibility for, and the amount of the credit, authorized by Public Act 472.

6. In order to be eligible for the tax credit, an NCCER apprentice enrolled in a training program accredited by the National Center for Construction Education and Research must have successfully completed no less than two levels of training and no less than 250 hours of instruction. Employers requesting the tax credit shall receive such tax credit only after such eligibility has been met and confirmed. The tax credit shall only apply to hours completed after the initial requirement has been met.

La. Admin. Code tit. 40, § IX-707

Promulgated by the Louisiana Department of Labor, Office of Workforce Development, Apprenticeship Division, LR 33:2665 (December 2007).

AUTHORITY NOTE: Promulgated in accordance with R.S. 47:6026.