Q: What is Exhibit “A” and how do I obtain Exhibit “A”?
A: Exhibit “A” is a cooperative endeavor agreement (CEA) between the state, Louisiana Economic Development, and the applicant specifying the terms and conditions of the exemption contract. It will be drafted by LED after Exhibit B resolutions and letters are received.
To obtain Exhibit A, receive your Exhibit B resolutions and letters from the locals and submit them to LED. LED will draft the Exhibit “A” which will be returned to the company for signature. After all required signatures are obtained, the CEA will be sent to the Division of Administration for approval.
Q: What is Exhibit “B” and how do I obtain Exhibit “B”?
A: Exhibit “B” are resolutions adopted by the parish governing authority (speaking on behalf of the parish and all parish bodies who are located outside the boundary of the affected municipality, where applicable, who receive a millage), the school board, and any municipality (speaking on behalf of the municipality and all municipal bodies who receive a millage) and a letter from the sheriff approving the project in which the manufacturing establishment is or will be located signifying whether each of these authorities is in favor of the project.
To obtain Exhibit B, contact the local governing authorities directly, or contact your local economic development officials.
Q: If my advance was filed on or prior to June 24, 2016, are these exhibits required?
A: No, only those applications with an advance notification filed after June 24, 2016, are subject to the 2017 rules changes.
Q: What types of jobs are eligible to be considered new jobs?
A: New jobs must be permanent, full-time, based at the manufacturing site, and may be employed directly, by an affiliate, or through contract labor. Construction jobs are not considered new jobs.
Q: My company currently has an active ITE contract. What is required to transfer the contract or specific assets relate to a contract?
A: Amendments to contracts must be approved by the Board. The appropriate form must be filed. For contracts with Advance Notifications filed after June 24, 2016, local endorsement is necessary if the parish in which the contract is located changes.
Q: What happens if a company, with an active ITE contract, changes their name or changes the location of the contract site?
A: Amendments to contracts must be approved by the Board. The appropriate form must be filed. For contracts with Advance Notifications filed after June 24, 2016, local endorsement is necessary if the parish in which the contract is located changes.
Q: When does my contract become active?
A: For all parishes except Orleans, the contract effective date is December 31 of the year in which the assets become operational or complete. For Orleans Parish, the contract effective date is July 1 of the year in which the assets become operational or complete.
Q: Can my contract be renewed?
A: If the Advance Notification was filed on or prior to June 24, 2016, your contract may be renewed for 5 years at 100% abatement. If the Advance Notification was filed after June 24, 2016, Exhibits “A” and “B” will determine the length and terms of renewal. These contracts may be renewed for up to three years at up to 80% abatement.
Q: Is a site inspection by LED required and what will happen during the inspection?
A: A site inspection may be performed by LED to determine if the activity at the site is considered manufacturing. LED will want to see specific assets that are being exempted by the contract and an overview of the manufacturing process.
Q: What are the fees associated with applying for the Industrial Tax Exemption Program?
A: The fees associated with the Industrial Tax Exemption can be found here.
Q: Who is the Board of Commerce & Industry?
A: The Board is composed of individuals appointed by the governor of Louisiana, who review and approve applications for certain tax incentive programs, including Enterprise Zone, Industrial Tax Exemption, Quality Jobs and Restoration Tax Abatement.