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.
If you have questions about lithium developments, reach out to Jamie Rhymes, Joe Heaton, and Caleb Madere.
Disclaimer: This Blog/Web Site is made available by the law firm of Liskow & Lewis, APLC (“Liskow & Lewis”) and the individual Liskow & Lewis lawyers posting to this site for educational purposes and to give you general information and a general understanding of the law only, not to provide specific legal advice as to an identified problem or issue. By using this blog site you understand and acknowledge that there is no attorney-client relationship formed between you and Liskow & Lewis and/or the individual Liskow & Lewis lawyers posting to this site by virtue of your using this site. The Blog/Web Site should not be used as a substitute for legal advice from a licensed professional attorney in your state regarding a particular matter.
Privacy Policy: By subscribing to Liskow & Lewis’ E-Communications, you will receive articles and blogs with insight and analysis of legal issues that may impact your industry. Communications include firm news, insights, and events. To receive information from Liskow & Lewis, your information will be kept in a secured contact database. If at any time you would like to unsubscribe, please use the SafeUnsubscribe® link located at the bottom of every email that you receive.