§287.758. Tax credit for bone marrow donor expense

            A. As used in this Section, the following definitions shall apply:

            (1) "Bone marrow donor expense" means the sum of amounts paid or incurred during the tax year by an employer for the following:

            (a) Development of an employee bone marrow donation program.

            (b) Employee education related to bone marrow donation, including but not limited to the need for donors and an explanation of the procedures used to determine tissue type and donate bone marrow.

            (c) Payments to a health care provider for determining the tissue type of an employee who agrees to register or registers as a bone marrow donor.

            (d) Wages paid to an employee for time reasonably related to tissue typing and bone marrow donation. However, any wages that are used to obtain any tax credit provided in this Section shall not be deductible as an expense for income tax purposes.

            (e) Transportation of an employee to the site of a donation or any other service which is determined by the Louisiana Department of Health by rule as essential for a successful bone marrow donation.

            (2) "Employee" means an individual:

            (a) Who is regularly employed by the taxpayer for more than twenty hours per week.

            (b) Who is not a temporary or seasonal employee.

            (c) Whose wages are subject to withholding under R.S. 47:111 through 120.3.

            (3) "Wages" has the meaning given the term for purposes of R.S. 47:111 through 120.3.

            B. A credit against the taxes otherwise due under this Part for the tax year is allowed to an employer. The amount of the credit is equal to eighteen percent of the bone marrow donor expense paid or incurred during the tax year by an employer to provide a program for employees who are potential or who actually become bone marrow donors.

            C.(1) Except as provided in Paragraph (2) of this Subsection, the allowance of a credit under this Section shall not affect the computation of taxable income for purposes of this Part.

            (2) If in determining the amount of the credit for any tax year an amount allowed as a deduction under Section 170 of the Internal Revenue Code is included in bone marrow donor expense, the amount allowed as a deduction shall be added to federal taxable income.

            Acts 1992, No. 206, §2; Acts 2015, No. 125, §2, eff. July 1, 2015; Acts 2016, 1^st Ex. Sess., No. 29, §2; Acts 2017, No. 400, §§1, 4, eff. June 26, 2017.