How are Limited Liability Companies (LLCs) taxed for Louisiana income and franchise tax purposes?

An LLC is treated and taxed in the same manner for Louisiana income tax purposes as it is treated and taxed for federal income tax purposes. If the LLC is taxed as a corporation for federal income tax purposes, the LLC will be taxed as a corporation for Louisiana income tax purposes. If the LLC is considered a partnership for federal income tax purposes, which is the most common situation, the LLC is treated as a partnership for Louisiana income tax purposes.

Starting with the 2017 Franchise tax period, an LLC for Louisiana franchise tax purposes is treated and taxed in the same manner that it is treated and taxed for federal income tax purposes. Act 12 of the 2016 First Extraordinary Session extended the imposition of the franchise tax to additional types of entities. A domestic or foreign entity taxed as a corporation pursuant to 26 U.S.C. Subtitle A, Chapter 1, Subchapter C for federal income tax purposes, is now subject to franchise tax if it meets any of the criteria that subject a domestic or foreign corporation to franchise tax, with 2 exceptions:

1. Any limited liability company qualified and eligible to make an election to be taxed in accordance with the provisions of 26 U.S.C. Subtitle A, Chapter 1, Subchapter S on the first day of the franchise tax period is not subject to franchise tax.
2. Any other entity that was acquired during the period January 1, 2012 to December 31, 2013, by an entity that was taxed pursuant to 26 U.S.C. Subtitle A, Chapter 1, Subchapter S, is not subject to franchise tax.

For Franchise tax periods beginning before January 1, 2017, an LLC is not considered to be a corporation for franchise tax purposes, and therefore is not subject to Louisiana franchise tax