Avalara Taxrates > Blog > Sales Tax News > Louisiana Sales Tax: Internet and Out Of State Businesses - Avalara

Louisiana Sales Tax: Internet and Out Of State Businesses

  • Apr 2, 2012 | Susan McLain

Louisiana House Bill 1027 (HB 1027), proposed on March 28, 2012, presents the Louisiana legislature with a bill that enables the state to require Internet retailers to collect and remit sales tax to the state as well as out-of-state dealers or merchants who fall into the new definition of “dealer.”

According to HB 1027, “’Dealer’ includes every person who manufactures or produces tangible personal property for sale at retail, for use, or consumption, or distribution, or for storage to be used or consumed in a taxing jurisdiction.” If that definition isn’t clear enough, “any person engaging in business” is defined as anyone “…maintaining directly, indirectly, or through a subsidiary, an office, distribution house, sales house, warehouse, or other place or location of business, or by having an agent, salesman, independent contractor, or solicitor operating within the taxing jurisdiction under the authority of or through an agreement with the seller….”

Affiliates Included

“Engaging in business” is also expanded to include business interactions where there “…is an agreement with a Louisiana resident or business under which the resident or business, for a commission, referral fee, or other consideration of any kind, directly or indirectly refers potential customers, whether by link on an Internet website or otherwise, to the seller.”

According to Tax Analysts, a nexus bill was opposed by the governor last year. In addition, changes seem to indicate that nexus would be created for Internet retailers with or without affiliates.

Get Free Tax Rate Tables

Sales tax rates, rules, and regulations change frequently. Although we hope you'll find this information helpful, this blog is for informational purposes only and does not provide legal or tax advice.
Avalara Author
Susan McLain
Avalara Author Susan McLain
Susan McLain began her career as a technical writer in technology industries such as satellite networking and medical devices. Her skills encompass technical and marketing writing, usability engineering, verification and validation testing and protocol writing, requirements development, business analysis, technical illustration/graphic design and marketing. She has owned her own business providing service to small to medium sized business and in other positions, she has been in project management, documentation and marketing. She is currently the content specialist for Avalara helping to “make sales tax less taxing.”