Proposed Law Would Create Louisiana Sales Tax Rebate For Lithium Recovery Projects

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Liskow & Lewis
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Liskow is a full-service law firm providing regulatory advice, transactional counsel, and handling high-stakes litigation for regional and national companies. Liskow lawyers are strategically located across the gulf coast region and serve clients in the energy, environmental, and maritime sectors, as well as local and regional businesses in virtually all industries.
Louisiana Senate Bill 268, one of a pair of lithium-focused bills filed by Senator Stewart Cathey Jr., would establish a state sales tax rebate program for Louisiana lithium projects.
United States Energy and Natural Resources
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Louisiana Senate Bill 268, one of a pair of lithium-focused bills filed by Senator Stewart Cathey Jr., would establish a state sales tax rebate program for Louisiana lithium projects. This rebate would apply to sales tax paid for "all equipment, machinery, materials, improvements, and other items purchased in connection with the development, production, operation, storage, processing, or transportation of lithium or lithium refined products in connection with a qualified lithium recovery project."

Details of the Rebate Program

The amount of the rebate would be equal to the amount of sales tax actually paid by the applicant in connection to any aspect of the qualified lithium recovery project, from initial development and drilling to processing and transportation. As proposed, the rebate program would apply to all purchases made on or after July 1, 2024, and would terminate on December 31, 2025. SB268 has already passed the senate Committee on Revenue and Fiscal Affairs, which inserted several amendments aimed towards keeping would-be tax dollars in the state by restricting the rebate to Louisiana lithium projects.

Purpose of the Rebate Program

The text of the proposed statute explains that the purpose of the rebate program is to contribute to national energy independence and to grow and develop Louisiana's critical energy resources by incentivizing lithium production. This mirrors the purpose of similar incentives for domestic lithium production included in the Inflation Reduction Act, namely the Advanced Manufacturing Production Credit (10% tax credit on costs incurred to produce lithium) and Clean Vehicle Credit (applicable to electric vehicles containing certain percentages of domestically-sourced critical minerals).

With the passage of SB268 – along with its sister bill SB285, which we covered here –Louisiana would take another step towards satisfying the ever-growing demand for lithium with in-state sources. You can read the full text of SB268 as amended here.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

Proposed Law Would Create Louisiana Sales Tax Rebate For Lithium Recovery Projects

United States Energy and Natural Resources
Contributor
Liskow is a full-service law firm providing regulatory advice, transactional counsel, and handling high-stakes litigation for regional and national companies. Liskow lawyers are strategically located across the gulf coast region and serve clients in the energy, environmental, and maritime sectors, as well as local and regional businesses in virtually all industries.
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