RS 47:6042

§6042. Credits; qualifying foster care charitable organizations A.(1)(a) There shall be allowed a nonrefundable income tax credit for donations a Louisiana taxpayer makes during a taxable year to a qualifying foster care charitable organization. The amount of the credit shall be equal to the actual amount of the donation used by the foster care organization to provide services to qualified individuals, or fifty thousand dollars, whichever is less. (b) The total amount of credits granted by the department pursuant to the provisions of this Section shall not exceed five hundred thousand dollars per calendar year. The granting of credits shall be on a first-come, first-served basis. If the total amount of credits claimed in any particular calendar year exceeds the amount of tax credits authorized for that year, the excess shall be treated as having been applied for on the first day of the subsequent year. All requests received on the same business day shall be treated as received at the same time, and if the aggregate amount of the requests received on a single business day exceeds the total amount of available tax credits, tax credits shall be approved on a pro rata basis. (c) The credit may be used in addition to any federal tax credit or deduction earned for the same donation. However, a taxpayer shall not receive any other state tax credit, exemption, exclusion, deduction, rebate, or any other state tax benefit for a donation for which the taxpayer has received a tax credit pursuant to this Section. (2) If the tax credit earned pursuant to this Section exceeds the total tax liability of a taxpayer in the taxable year, the amount of the credit not used as an offset against the taxpayer's tax liability in the taxable year may be carried forward as a credit against subsequent income tax liabilities for a period not to exceed five taxable years. B. Repealed by Acts 2025, No. 349, §2, eff. June 20, 2025. C.(1) No later than the next January thirty-first following approval by the department and annually thereafter no later than January thirty-first, each foster care organization shall file a report with the department prepared by an independent certified public accountant who is not related to a donor or affiliated with the foster care organization. (2) Each report required pursuant to Paragraph (1) of this Subsection shall contain the following: (a) A certification that the organization continues to meet the requirements of this Section. (b) The name, social security number, address, and Louisiana and federal taxpayer identification numbers of each person who made a donation to the foster care organization during the prior calendar year. (c) The amount of each donation received during the prior calendar year. (d) The amount of each donation utilized during the prior calendar year to provide services to qualified individuals and the services provided. (e) Any other information or documentation required by the department. D.(1) A qualifying foster care charitable organization shall issue to each person from whom the organization receives a donation a receipt that meets the requirements of Paragraph (2) of this Subsection. A taxpayer shall provide a copy of the receipt to the department when claiming the credit authorized by this Section. (2) The receipt required by this Subsection shall contain all of the following information: (a) The name of the organization. (b) The actual amount of the donation that was used by the foster care organization to provide services to qualified individuals. (c) A statement that no goods or services were provided by the organization in return for the contribution; or, if goods or services were provided, a description and good faith estimate of the value of the goods or services or a statement that the goods or services consisted entirely of intangible religious benefits. (d) The name and federal employer identification number or last four digits of the social security number of the taxpayer making the donation. E.(1) The secretary of the department may promulgate rules in accordance with the provisions of the Administrative Procedure Act to implement the provisions of this Section. (2) The Department of Children and Family Services shall, on or before the thirty-first day of January of each calendar year, submit a report to the secretary of the Department of Revenue listing all qualifying foster care charitable organizations that held a valid, unsuspended license issued by the Department of Children and Family Services during the prior calendar year. The report shall be in electronic format and contain the foster care organization's name and federal employer identification number or Louisiana Department of Revenue account number. F. For purposes of this Section, the following words shall have the following meanings unless the context clearly indicates otherwise: (1) "Department" means the Department of Revenue. (2) "Louisiana taxpayer" or "taxpayer" means a person who is required to file a Louisiana income tax return. (3) "Qualified individual" means a child in a foster care placement program established by the Department of Children and Family Services. (4) "Qualifying foster care charitable organization" or "foster care organization" means an organization licensed by the Department of Children and Family Services as a child placing agency to provide adoption and foster care services. (5) "Services" means cash assistance, medical care, child care, food, clothing, shelter, job placement, and job-training services or any other assistance reasonably necessary to meet immediate basic needs that are provided to a qualified individual and used in Louisiana. Acts 2021, No. 378, §1, eff. Jan. 1, 2022; Acts 2025, No. 349, §§1, 2, eff. June 20, 2025.