§287.93. Computation of net allocable income from Louisiana sources
A. Allocation of items of gross allocable income. Items of gross allocable income or loss shall be allocated directly to the states within which such items of income are earned or derived, as follows:
(1) Rents and royalties from immovable or corporeal movable property shall be allocated to the state where such property is located at the time the income is derived.
(2) If the corporation elects to pay tax on interest income as provided in R.S. 47:287.738(F)(2), interest received by the corporation, shall be allocated to the state in which the securities or credits producing such income have their situs, which shall be at the business situs of such securities or credits if they have been so used in connection with the taxpayer's business as to acquire a business situs, or in the absence of such a business situs, shall be at the commercial domicile of the taxpayer, provided that interest on securities and credits having a situs in Louisiana received by a corporation from another corporation which is controlled by the former through ownership of fifty percent or more of the voting stock of the latter, shall be allocated to the state or states in which the real and tangible personal property of the controlled corporation is located, on the basis of the ratio of the value of such property located in Louisiana to the total value of such property within and without the state.
(3) Royalties or similar revenue from the use of patents, trademarks, copyrights, secret processes, and other similar intangible rights shall be allocated to the state or states in which such rights are used. A mineral lease, royalty interest, oil payment, or other mineral interest shall be allocated to the state in which the property subject to such mineral interest is situated.
(4) Income from construction, repair, or other similar services shall be allocated to the state in which the work is done.
(5) For purposes of this Part only, estates, trusts, and partnerships having a corporation as a member or beneficiary shall compute, allocate, and apportion their income or loss within and without this state in accordance with the processes and formulas prescribed by this Part, and the share of any corporation member or beneficiary in the net income or loss from sources in this state so computed shall be allocated to this state in the return of such corporation.
B. Net allocable income. Net allocable income or loss is computed by subtracting the following from Louisiana gross allocable income:
(1) All expenses, losses, and other deductions defined in R.S. 47:287.63 as allowable deductions which are directly attributable to Louisiana gross allocable income.
(2) A ratable portion of such allowable deductions which are not directly attributable to any item or class of gross income.
Acts 1986, 1st Ex. Sess., No. 16, §1, eff. Dec. 24, 1986; Acts 1987, No. 53, §1; Acts 1993, No. 690, §1, eff. June 21, 1993, for all taxable periods beginning after Dec. 31, 1992; Acts 2002, No. 16, §1, eff. June 7, 2002; Acts 2005, No. 401, §1, eff. for all taxable periods beginning after Dec. 31, 2005.
NOTE: SEE ACTS 1987, NO. 53, §2.
Notes of Decisions
Bridges v. Autozone Props., Inc., 900 So. 2d 784 (La. 2005).
· cites it 2× “R.S. 47:287.93 the corporate owner of a REIT is required to file a tax return and to report the Louisiana income that passes through it.”
Bridges, Sec. of Dept. of Rev. v. Geoffrey, 984 So. 2d 115 (La. Ct. App. 2008).
· cites it 3× “R.S. 47:287.93(A)(2) provided that "[r]oyalties or similar revenue from the use of patents, trademarks, copyrights, secret processes, and other similar intangible rights shall be allocated to the state or states in which such rights are used.”
Sec'y, Dept. of Rev. v. Calcasieu Ref. Co., 809 So. 2d 1023 (La. Ct. App. 2001).
· cites it 2× “(4) Contrary to proper statutory interpretation, the Board of Tax Appeals erred when it determined that the discounts relating to the cash payments made with the suppliers were interest income, which should be allocated to the State of Texas pursuant to LSA-R.S. 47:287.93(A)(4).…”
Dow Hydrocarbons & Resources v. Kennedy, 694 So. 2d 215 (La. 1997).
· cites it 2× “R.S. 47:287.93, whereas Louisiana taxes a percentage of all apportionable income without regard to its geographic source.”
Crawford v. Am. Nat'l Petroleum Co., 805 So. 2d 371 (La. Ct. App. 2001).
“91 states that the Louisiana net income of a corporation is the sum produced by combining the net allocable in *378 come or loss as provided in LSA-R.S. 47:287.93 and the net apportionable income or loss as provided in LSA-R.”
Marathon Pipe Line Co. v. Crawford, 808 So. 2d 873 (La. Ct. App. 2002).
“Thus, as allocable income, Marathon contends that the "rent" should be allocated to the state where the property was located at the time the income was derived, pursuant to the following provisions of LSA-R.S. 47:287.93: A. Allocation of items of gross allocable income.”
BP Prods. North Am., Inc. v. Bridges, 77 So. 3d 27 (La. Ct. App. 2011).
· cites it 3× “See LSA-R.S. 47:287.93 and 47:287.94. Therefore, Louisiana taxes allocable income only if earned in Louisiana, whereas Louisiana taxes a percentage of all apportionable income without regard to its geographic source.”
Unocal Pipeline Co. v. Kennedy, 898 So. 2d 395 (La. Ct. App. 2004).
“91 states that the Louisiana net income of a corporation is the [fiSum produced by combining the net allocable income or loss, as provided in LSA-R.S. 47:287.93, and the net apportionable income or loss, as provided in LSA-R.”
Bean Contracting Co. ex rel. C.F. Bean Corp. v. Tarver, 618 So. 2d 519 (La. Ct. App. 1993).
“Having found that for tax purposes the October 26, 1967 sale is null, we note that R.S. 47:287.93 A.(l) provides: Items of gross allocable income or loss shall be allocated directly to the states within which such items of income are earned or derived, as follows: (1) Rents and…”
La. Rev. Stat. § 47:287.93(A): 1 case
La. Rev. Stat. § 47:287.93(A)(1): 1 case
BP Prods. North Am., Inc. v. Bridges, 77 So. 3d 27 (La. Ct. App. 2011).
“See LSA-R.S. 47:287.93 and 47:287.94. Therefore, Louisiana taxes allocable income only if earned in Louisiana, whereas Louisiana taxes a percentage of all apportionable income without regard to its geographic source.”
La. Rev. Stat. § 47:287.93(A)(2): 1 case
Bridges, Sec. of Dept. of Rev. v. Geoffrey, 984 So. 2d 115 (La. Ct. App. 2008).
“R.S. 47:287.93(A)(2) provided that "[r]oyalties or similar revenue from the use of patents, trademarks, copyrights, secret processes, and other similar intangible rights shall be allocated to the state or states in which such rights are used.”
La. Rev. Stat. § 47:287.93(A)(4): 1 case
Sec'y, Dept. of Rev. v. Calcasieu Ref. Co., 809 So. 2d 1023 (La. Ct. App. 2001).
“(4) Contrary to proper statutory interpretation, the Board of Tax Appeals erred when it determined that the discounts relating to the cash payments made with the suppliers were interest income, which should be allocated to the State of Texas pursuant to LSA-R.S. 47:287.93(A)(4).…”
La. Rev. Stat. § 47:287.93(A)(7): 1 case
Bridges v. Autozone Props., Inc., 900 So. 2d 784 (La. 2005).
“R.S. 47:287.93 the corporate owner of a REIT is required to file a tax return and to report the Louisiana income that passes through it.”
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