2008 Nonresident and Part-Year Resident Return (IT-540B)

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Tax Changes—2008 Nonresident and Part-Year Resident Return (IT-540B)


Line 10D—65% Excess Federal Itemized Deductions. Acts 2007, No. 399 amended R.S. 47:293 to allow federal itemized deductions that exceed the federal standard deduction to be deducted from Louisiana tax table income. The deduction was phased in over three years beginning with 57½ percent for 2007, 65 percent for 2008, and 100 percent for 2009 and thereafter.

Line 13C—Nonrefundable Child Care Credit Carried Forward From 2004 Through 2007. R.S. 47:297.4 provides that the child care tax credit for taxpayers whose federal adjusted gross income exceeds $25,000 may not be refunded. The credit can be applied to the taxpayer’s tax liability and any unused credit amounts can be carried forward for up to five years. For the 2008 tax year, credits from 2004 through 2007 can be applied. Any remaining child care credit from 2003 can not be applied to the 2008 tax liability.

Line 13D—Nonrefundable School Readiness Credit. Beginning with the 2008 tax year, R.S. 47:6104 provides a School Readiness Credit that is in addition to the child care expense credit provided by R.S. 47:297.4. As with the child care expense credit, the school readiness credit is nonrefundable for taxpayers whose Federal Adjusted Gross Income is greater than $25,000. To qualify for the school readiness credit, the taxpayer must have incurred child care expenses for a qualified dependent under the age of six who attended a child care facility that is participating in the Quality Star Rating program administered by the Louisiana Department of Social Services. The qualifying child care facility must have provided the taxpayer with Form R-10614 which verifies the facility’s name, the state license number, the LA Revenue Account number, the Quality Star Rating, and the rating award date. For more information, see the school readiness tax credit web page.

Line 21—Refundable School Readiness Credit. Beginning with the 2008 tax year, R.S. 47:6104 provides a School Readiness Credit that is in addition to the child care expense credit provided by R.S. 47:297.4. As with the child care expense credit, the school readiness credit is refundable for taxpayers whose Federal Adjusted Gross Income is $25,000 or less. To qualify for the school readiness credit, the taxpayer must have incurred child care expenses for a qualified dependent under the age of six who attended a child care facility that is participating in the Quality Star Rating program administered by the Louisiana Department of Social Services. The qualifying child care facility must have provided the taxpayer with Form R-10614 which verifies the facility’s name, the state license number, the LA Revenue Account number, the Quality Star Rating, and the rating award date. For more information, see the school readiness tax credit web page.

Line 23—Louisiana Property Insurance Credit. R.S. 47:297.7 allows a refundable credit for seven percent of the premium for a homeowner's insurance policy, condominium owner’s insurance policy, or a tenant homeowner’s insurance policy paid by the individual during the tax year for the primary residence of the individual, less the tax credit for Louisiana Citizens Property Insurance Corporation assessment. Any additional premiums paid to cover items such as jewelry, furs, and other personal property, not covered by the primary policy may not be included in the tax credit. The credit is only for the 2008 tax year.

Nonresident and Part-Year Resident Worksheet—Used to exclude income from Federal Adjusted Gross Income to determine Louisiana Adjusted Gross Income

Line 28—Voluntary Retrofit Residential Structures. R.S. 47:293(2) provides a deduction for voluntarily retrofitting an existing residential structure for which the taxpayer claims the homestead exemption. The deduction is equal to 50 percent of the cost paid or incurred on or after January 1, 2007, less any other state, municipal, or federal-sponsored incentives. The total amount of deduction cannot exceed $5,000 per retrofitted residential structure and the deduction must be claimed for the tax year in which the work is completed. A construction, reconstruction, alteration, or repair of the structure required by the state Uniform Construction Code because the structure is a new residential structure or because of damage or destruction of an existing residential structure does not qualify as a retrofit. For more information concerning the construction code voluntary retrofitting income tax deduction, see Revenue Information Bulletin No. 09-007.

Schedule F-NR—Refundable Tax Credits

62F—Musical and Theatrical Productions Credit. This credit, authorized by R.S. 47:6034, was listed on the last years’ returns as the Broadway South credit. The name was changed on this year’s tax return to be consistent with the statute. No changes were made to the credit.

64F—Wind and Solar Energy Systems Credit. R.S. 47:6030 allows a refundable credit for the cost of purchase and installation of a wind energy system or solar energy system, or both, by a resident individual at their residence located in Louisiana or by the owner of a residential rental apartment project. The credit may be claimed if a resident individual purchases a new home with a system installed, purchases a system and installs it at an existing home, or a system is installed at a new or existing apartment project. The credit is for 50 percent of the first $25,000 of the purchase and installation cost of wind or solar energy systems purchased and installed on or after January 1, 2008. For more information concerning the income tax credit for wind or solar energy systems, see LAC: 61:I.1907

65F—School Readiness Child Care Provider Credit. R.S. 47:6105 allows a refundable credit for a child-care provider who operates a facility where care is given to foster children in the custody of the Louisiana Department of Social Services or children who participate in the Child Care Assistance Program administered by the Office of Family Support in the Department of Social Services. The credit is based upon the average monthly number of children who attended the facility multiplied by a percentage determined by the quality rating of the child care facility. For more information, see the school readiness tax credit web page.

66F—School Readiness Child Care Directors and Staff Credit. R.S. 47:6106 allows a refundable credit for eligible child care directors and staff is based on certain attained qualifications designated by the Department of Social Services. To claim the credit, directors and staff must obtain Form R-10615, Louisiana School Readiness Tax Credit for Child Care Director and Staff Member, from the child care facility at which they are employed. For more information, see the school readiness tax credit web page.

67F—School Readiness Business Supported Child Care Credit. R.S. 47:6107 allows a refundable credit for taxpayers who incur eligible business-supported child-care expenses. The credit amount depends upon the quality rating of the child care facility to which the expenses are related or the quality rating of the child care facility that the child attends. For more information, see the school readiness tax credit web page.

68F—School Readiness Fees and Grants to Resource and Referral Agencies Credit. R.S. 47:6107 allows a refundable credit for a taxpayer whose business pays fees and grants to child care resource and referral agencies. The credit cannot exceed $5,000 per tax year. For more information, see the school readiness tax credit web page.

Schedule G-NR—Non refundable Tax Credits

236—Apprenticeship Credit. R.S. 47:6033 provides a credit to employers who employ eligible apprentices for $1 for each hour of employment per eligible apprentice not to exceed 1,000 hours per eligible apprentice. The credit is allowed in the period in which it is earned and unused credits can be carried forward for 10 years.

260—Brownfields Investor Credit. This credit, authorized by R.S. 47:6021, was amended effective for 2008 to change it from a nonrefundable credit that could be carried forward to nonrefundable credit that could be transferred or sold.

165—Employee And Dependent Health Insurance Credit. This credit, authorized by R.S. 47:287.759, expired December 31, 2007, and was removed from the 2008 tax return.

261—Motion Picture Infrastructure Credit. R.S. 47:6007 provides for the motion picture investor tax credit and the motion picture infrastructure projects tax credit. On the 2007 tax return, both credits were combined under code 251, entitled Motion Picture Investment. To provide specific data relating to the two credits, a separate code, 261, was added for the motion picture infrastructure credit. The investment credit should continued to be reported under code 251.

Changed To State Income Tax Extension Requirement

Beginning with the 2008 income tax return due in 2009, taxpayers who need additional time to file their Louisiana individual income tax returns will be required to either request a specific state individual income tax filing extension or submit a copy of their Federal Application for Automatic Extension of Time To File U.S. Individual Income Tax Return on or before the May 15 due date.

Copies of federal extensions attached to the tax return and received after the May 15 due date will not be accepted and delinquent filing penalties will be assessed. The change in the extension procedures was made because the electronically filed federal extensions did not provide a means for LDR to verify the federal extension.