Louisiana Revised Statutes 47:305.45 – Exclusions and exemptions; per diem or car hire on freight cars, piggy-back cars, and rolling stock
Terms Used In Louisiana Revised Statutes 47:305.45
- Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
- Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC
- lease: means the leasing of automobiles and the possession or use thereof by the lessee, for a consideration, without the transfer of the title of such property for a one hundred eighty-day period or more. See Louisiana Revised Statutes 47:301
- person: shall include such institution for purposes of the payment of tax on sales by such institution if the sales are not otherwise exempt. See Louisiana Revised Statutes 47:301
- use: include the donation of food items to a food bank as defined in Louisiana Revised Statutes 47:301
A. The sales, use, and lease tax imposed by the state of Louisiana under the provisions of La. Rev. Stat. 47:302(A) and (B), La. Rev. Stat. 47:321(A) and (B) and La. Rev. Stat. 47:331 shall not apply to:
(1) Hourly, daily, or periodic mileage or other charges referred to as “per diem or car hire” on freight cars and other rolling stock when such charges are paid by reason of the presence of freight cars and other rolling stock owned by another on the tracks of the taxpayer;
(2) Piggy-back trailers or containers when brought into or operated as piggy-back trailers or containers in this state; and
(3) Rolling stock, such as engines, switch engines, freight cars, and machinery owned, operated, or leased by a railroad or any other person, firm, or corporation.
B. The exemptions from the state sales, use, and lease tax provided in this Section shall be applicable to any sales, use, and lease tax levied by any local government subdivision or school board.
Acts 1986, No. 476, §1, eff. July 1, 1986. H.C.R. No. 55, 1986 R.S.