§ 22-52. Imposition of tax.  


Latest version.
  • (a)

    There is hereby levied from and after April 1, 1987, for the purposes stated in the proposition set forth in the preamble to this ordinance, a tax upon the sale at retail, the use, the lease or rental, the consumption, and storage for use or consumption, of tangible personal property and on sales of services within the authority as defined herein; and the levy of such tax shall be as follows:

    (1)

    At the rate of one-half of one per cent of the sales price of each item or article of tangible personal property when sold at retail in the authority, the tax to be computed on gross sales for the purpose of remitting the amount of tax due the governing body, and to include each and every retail sale.

    (2)

    At the rate of one-half of one per cent of the cost price of each item or article of tangible personal property when the same is not sold, but is used, consumed, distributed, or stored for use or consumption in the authority, provided there shall be no duplication of the tax.

    (3)

    At the rate of one-half of one per cent of the gross proceeds derived from the lease or rental of tangible personal property, as defined herein, where the lease or rental of such property is an established business, or part of an established business, or the same is incidental or germane to the said business.

    (4)

    At the rate of one-half of one per cent of the monthly lease or rental price paid by lessee or rentee, or contracted or agreed to be paid by lessee or rentee to the owner of the tangible personal property.

    (5)

    At the rate of one-half of one per cent of the gross proceeds derived from the sale of services, as defined herein.

    (b)

    Sales or use taxes paid to the authority on the purchase of new motor trucks and new motor tractors licensed and registered for twelve thousand (12,000) pounds or more, under the provisions of Section 462 of Title 47 of the Louisiana Revised Statutes of 1950 (R.S. 47:462), new trailers and new semi-trailers licensed and registered for sixteen thousand (16,000) pounds or more under the provisions of said section for rental may be deducted as a credit against tax due on the rental of that item of property so that no tax is payable on rental income until the tax paid on the purchase price has been exceeded. The sales tax paid to another taxing authority in the State of Louisiana or a taxing authority in a state other than Louisiana on the purchase price of property is not deductible from the tax subsequently due on the rental of such property in the authority.

    If the tax on rental payments fails to exceed the credits for sales or tax paid, no refund is due the purchaser.

    Any sales tax paid on any maintenance or operation expenses of a rental business is not deductible as a credit against the tax due on a rental income; such expenses are part of the cost of doing business and do not constitute a part of the cost of the identical property being rented.

    (c)

    The tax shall be collected from the dealer, as defined herein, and paid at the time and in the manner hereinafter provided.

    (d)

    The tax so levied is, and shall be in addition to all other taxes, whether levied in the form of excise, or license, privilege or property taxes levied by another ordinance or resolution of the governing body.

    (e)

    The dealer shall collect the taxes levied by this article together with those sales and use taxes levied by the State of Louisiana, and any taxing authority that levies a sales tax and use tax in the authority, in accordance with the integrated bracket schedule prepared by the Collector of Revenue of the State of Louisiana, under the authority of Section 304 of Title 47 of the Louisiana Revised Statutes of 1950 (R.S. 47:304). The dealer will remit that portion representing the tax levied by this article to the collector. Copies of said integrated tax schedules shall be available to dealers on request to the authority or to the collector.

    (f)

    The collection of the tax herein levied shall be made in the name of the authority by the collector.

(Ord. No. 8056, § 1, 2-7-87)