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re: Louisiana Sales Tax - Special Events - Paging Poodlebrain; LSUFanHouston

Posted on 4/11/16 at 10:38 am to
Posted by Poodlebrain
Way Right of Rex
Member since Jan 2004
19860 posts
Posted on 4/11/16 at 10:38 am to
Just think of the inconvenience involved for all of the vendors at festivals. Suppose you sell strawberries for $2 per pound. Prior to the law change if someone purchased 2 pounds, you collected $4 in a transaction involving very little or no making of change. Now you have to collect $4.20 that requires more handling of and making change to complete the transaction.

Not only will transactions take longer to complete, but the vendors must now have the means of substantiating their sales volume. They are almost required to use a cash register or other system to record all sales. This will effectively eliminate casual vendors at festivals since it will require more investment in fixed assets and training to set up as a vendor at a festival.

I think this will have a negative effect on festivals that is greater than the benefits of the sales taxes collected.
Posted by GFunk
Denham Springs
Member since Feb 2011
14967 posts
Posted on 4/11/16 at 10:49 am to
quote:

Poodlebrain
quote:

I think this will have a negative effect on festivals that is greater than the benefits of the sales taxes collected.


Do you think anyone-anyone at all-who voted for this ever stopped to think about that for a nanosecond?
Posted by LSUFanHouston
NOLA
Member since Jul 2009
37286 posts
Posted on 4/11/16 at 11:08 am to
quote:

Do you think anyone-anyone at all-who voted for this ever stopped to think about that for a nanosecond?


My understanding of the sausage-making process was that they decided which exemptions they had to keep, and they killed off everything else.

It wasn't like they went through each exemption, one by one, and debated the merits of keeping it vs getting rid of it.

So no, I don't think they put any thought into this issue whatsoever.
Posted by LSUFanHouston
NOLA
Member since Jul 2009
37286 posts
Posted on 4/11/16 at 11:11 am to
quote:

Not only will transactions take longer to complete, but the vendors must now have the means of substantiating their sales volume. They are almost required to use a cash register or other system to record all sales. This will effectively eliminate casual vendors at festivals since it will require more investment in fixed assets and training to set up as a vendor at a festival.


Think of the Boy Scouts selling hot dogs at the local festival. They are going to have to log each hot sold, wait, you want chili, ok log that as a chili dog, etc.

I don't know if people realize this yet, but of the affected exemptions was the one for Girl Scout cookies and Boy Scout popcorn.

So next spring when the little girl scouts are selling cookies at the store, the cost will be $4.12 per box ($4 per box times what will then be a 3 percent sales tax rate). Then who gets to deal with the sales tax return? The troop? The council?

Won't that be fun!
Posted by blades8088
Covington
Member since Nov 2008
4202 posts
Posted on 4/11/16 at 2:40 pm to
quote:

LSUFanHouston
quote:

Poodlebrain


Do you guys have any idea where LA is on the solar non leased refund cap? My taxes were suppose to be filed early February and called them today and said it must have been a software issue and they just got filed today . Just a little nervous that I may have missed the cap now.

ETA: spoke to the solar company just now and they said they wasn't really sure, but if it was not paid a class action lawsuit can be filed as it is against the constitution for the state to retrograde something like this
This post was edited on 4/11/16 at 2:41 pm
Posted by LSUFanHouston
NOLA
Member since Jul 2009
37286 posts
Posted on 4/11/16 at 2:52 pm to
The non-leased caps were hit in February.

Here are the numbers through March:

LINK

I've heard talk of a lawsuit as well, not sure how successful that will be, or how many years it will take to get any money.

This is only for the state portion, the 30 percent federal amount is fine.

Posted by blades8088
Covington
Member since Nov 2008
4202 posts
Posted on 4/11/16 at 2:59 pm to
FML. I hate this state. How in the F can they think this is right to do to people

Yea, already recieved my federal money
This post was edited on 4/11/16 at 3:08 pm
Posted by SippyCup
Gulf Coast
Member since Sep 2008
6163 posts
Posted on 4/11/16 at 3:35 pm to
Daily collections have been occurring at Jazz Fest for several years.
Posted by Poodlebrain
Way Right of Rex
Member since Jan 2004
19860 posts
Posted on 4/11/16 at 4:07 pm to
quote:

My taxes were suppose to be filed early February and called them today and said it must have been a software issue and they just got filed today.
Your return could not be filed in February as the state of Louisiana hadn't finalized its tax forms, nor had they certified the software of all e-file providers.

As for the refundable credit, you will get whatever credit was allowed when you met the qualifying conditions for the credit. Louisiana can change the laws after the fact, and it can act in accordance with those changes, but eventually the courts will force Louisiana to give you what was promised. It may just take a few years.
Posted by hungryone
river parishes
Member since Sep 2010
11987 posts
Posted on 4/11/16 at 4:30 pm to
quote:

Daily collections have been occurring at Jazz Fest for several years.


At other large festivals, too. And it's not just a recent thing....I can recall working the Swamp Fest at the Audubon Zoo long years ago, and there was daily sales tax collection in cash.
Posted by LSUFanHouston
NOLA
Member since Jul 2009
37286 posts
Posted on 4/11/16 at 5:48 pm to
quote:

At other large festivals, too. And it's not just a recent thing....I can recall working the Swamp Fest at the Audubon Zoo long years ago, and there was daily sales tax collection in cash.


there is no way I would ever, ever recommend to a client that they pay their sales tax at the event, much less in cash.

I don't give a damn what the LDR agents say.

Also keep in mind here the issue is with nonprofits now having to collect and remit tax, as opposed to for profit companies who already have systems in place.
This post was edited on 4/11/16 at 5:53 pm
Posted by TigerDat
Member since Aug 2010
7646 posts
Posted on 4/11/16 at 9:08 pm to
Yep our festival recieved notice that we out tax exempt status has been suspended basically and we must now pay sales taxes for this year's event.

Supposedly it's only temporary but I'll believe it when I see it
Posted by blades8088
Covington
Member since Nov 2008
4202 posts
Posted on 4/11/16 at 9:48 pm to
If non-leased systems are at 33M that already exceeds the 25M cap over the next 3 years. Do you think I still recieve my money? I cant see them having a system in place and telling those people (me), screw you, tough shite.

Has me paranoid AF now
This post was edited on 4/11/16 at 10:10 pm
Posted by LSUFanHouston
NOLA
Member since Jul 2009
37286 posts
Posted on 4/12/16 at 9:08 am to
If you just recently turned in your return, I'm fairly certain your claim will be denied. As it is, of the 25M that got in under the cap, 10M of them won't be paid until after July 1 of 2016 and 5M until after July 1 of 2017.

So, that leaves you to consider legal action, which could work, maybe, but the solar panels might die before you get paid.

It's a really bad situation.
Posted by blades8088
Covington
Member since Nov 2008
4202 posts
Posted on 4/12/16 at 1:44 pm to
I will definitely be pursuing legal action if I dont get refunded. Especially since my solar was installed before July 15th when the caps were put in place.

My solar guy said its still unseen that if the cap effects ones that were installed prior to the amended cap as the state knows they will have litigation from such.
Posted by LSUFanHouston
NOLA
Member since Jul 2009
37286 posts
Posted on 4/12/16 at 5:26 pm to
quote:

My solar guy said its still unseen that if the cap effects ones that were installed prior to the amended cap as the state knows they will have litigation from such.


The language of the bill is pretty clear, so I don't see LDR making any changes to how they are going to treat these things. LDR is going to follow the law as written.

Where you may have a case is not with LDR, but with the law as it was written.
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