Title 47, Revenue and Taxation
0 chapters · 2,663 sections in this title.
La. Rev. Stat. § 47:156 Adjustments in basis for determining gain or loss
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§156. Adjustments in basis for determining gain or loss A. General rule. In computing the adjusted basis for determining gain or loss from the sale or other disposition of property, proper adjustment in respect of the property shall in all cases be made: (1) For expenditures, rec…
La. Rev. Stat. § 47:1561 Alternative remedies for the collection of taxes
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§1561. Alternative remedies for the collection of taxes A. In addition to following any of the special remedies provided in the various chapters of this Subtitle, the collector may, in his discretion, proceed to enforce the collection of any taxes due under this Subtitle by means…
La. Rev. Stat. § 47:1561.1 Special authority to enforce collection of taxes collected or withheld; personal
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§1561.1. Special authority to enforce collection of taxes collected or withheld; personal liability A. Notwithstanding any other provision of law to the contrary, if any corporation, limited liability company, or limited partnership fails to file returns or to remit the income ta…
La. Rev. Stat. § 47:1561.2 Special authority to recover rebates and refundable tax credits
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§1561.2. Special authority to recover rebates and refundable tax credits A. Rebates or refundable tax credits previously granted to a taxpayer, but later disallowed, may be recovered by the secretary through any collection remedy authorized by R.S. 47:1561 and initiated within th…
La. Rev. Stat. § 47:1561.3 Special authority to recover nonrefundable tax credits
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§1561.3. Special authority to recover nonrefundable tax credits A. Except as provided in R.S. 47:1561.2, all tax benefits, including nonrefundable tax credits, previously granted to a taxpayer but later disallowed, may be recovered by the secretary through any collection remedy a…
La. Rev. Stat. § 47:1562 Determination and notice of tax due
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§1562. Determination and notice of tax due A. If a taxpayer fails to make and file any return or report required by the provisions of this Subtitle, the secretary shall determine the tax, penalty, and interest due by estimate or otherwise. Having determined the amount of tax, pen…
La. Rev. Stat. § 47:1563 Protest to collector's determination of tax due
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§1563. Protest to collector's determination of tax due The taxpayer, within thirty calendar days from the date of the notice provided in R.S. 47:1562(A) or (B), may protest thereto. This protest must be in writing and should fully disclose the reasons, together with facts and fig…
La. Rev. Stat. § 47:1564 Assessment of tax, interest, and penalties
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§1564. Assessment of tax, interest, and penalties At the expiration of thirty calendar days from the date of the secretary's notice provided in R.S. 47:1562(A) or (B), or at the expiration of such time as may be necessary for the secretary to consider any protest filed to such no…
La. Rev. Stat. § 47:1565 Notice of assessment and right to appeal
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§1565. Notice of assessment and right to appeal A. Having assessed the amount determined to be due, the secretary shall send a notice by certified mail to the taxpayer against whom the assessment is imposed at the address given in the last report filed by the taxpayer, or to any …
La. Rev. Stat. § 47:1565.1 Waiver of restrictions and delays
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§1565.1. Waiver of restrictions and delays The taxpayer shall at any time have the right, by a signed notice in writing filed with the collector, to waive the restrictions and delays prescribed in R.S. 47:1562 through 47:1565 which must ordinarily be observed before an assessment…
La. Rev. Stat. § 47:1566 Assessment and notice when tax is in jeopardy
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§1566. Assessment and notice when tax is in jeopardy A. If the collector finds that a taxpayer designs quickly to depart from the state, or to remove therefrom any property subject to any tax or to any lien for a tax, or to discontinue business, or to do any other act tending to …
La. Rev. Stat. § 47:1567 Assessment and claims in bankruptcy and receivership
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§1567. Assessment and claims in bankruptcy and receivership Upon the adjudication of bankruptcy of any taxpayer in any bankruptcy proceeding, or the appointment of a receiver for any taxpayer in a receivership proceeding, before any court of this state or of the United States, th…
La. Rev. Stat. § 47:1568 Assessment of tax shown on face of taxpayer's returns
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§1568. Assessment of tax shown on face of taxpayer's returns A. Whenever a taxpayer files returns and computes the amount of any tax due, such tax together with any penalty and interest due or accruing thereon, whether computed or not, shall be considered assessed and shall be en…
La. Rev. Stat. § 47:1569 Collection by distraint and sale authorized
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§1569. Collection by distraint and sale authorized When any taxpayer fails to pay any tax, penalty and interest assessed, as provided in this Sub-title, the collector may proceed to enforce the collection thereof by distraint and sale.
La. Rev. Stat. § 47:157 Basis for depreciation
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§157. Basis for depreciation The basis upon which exhaustion, wear and tear, and obsolescence are to be allowed in respect of any property shall be the adjusted basis provided in R.S. 47:139 for the purpose of determining the gain upon the sale or other disposition of such proper…
La. Rev. Stat. § 47:1570 Distraint defined
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§1570. Distraint defined The words "distraint" or "distrain" as used in this Sub-title, shall be construed to mean the right to levy upon and seize and sell, or the levying upon or seizing and selling, of any property or rights to property of the taxpayer including goods, chattel…
La. Rev. Stat. § 47:1571 Distraint procedure
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§1571. Distraint procedure Whenever the collector or his authorized assistants shall distrain any property of a taxpayer, he shall cause to be made a list of the property or effects distrained, a copy of which, signed by the collector or his authorized assistants shall be sent by…
La. Rev. Stat. § 47:1572 Surrender of property subject to distraint
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§1572. Surrender of property subject to distraint Any person subject to distraint, or upon whom a levy has been served, shall, upon demand by the collector or his authorized assistants, making such levy, surrender such property, or rights to property of which he is in possession,…
La. Rev. Stat. § 47:1573 Sale of distrained property
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§1573. Sale of distrained property A. After notifying all reasonably ascertainable interested third parties the secretary or his authorized assistants shall sell at public auction for cash to the highest bidder so much of the property distrained by him as may be sufficient to sat…
La. Rev. Stat. § 47:1574 Collection by summary court proceeding authorized
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§1574. Collection by summary court proceeding authorized In addition to any other procedure provided in this Subtitle or elsewhere in the laws of this state; and for the purpose of facilitating and expediting the determination and trial of all claims for taxes, penalties, interes…
La. Rev. Stat. § 47:1574.1 Failure to pay tax collected from others; rule to cease business
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§1574.1. Failure to pay tax collected from others; rule to cease business A. On motion in a court of competent jurisdiction, the secretary may take a rule on a taxpayer, to show cause in not less than two or more than ten days, exclusive of holidays, why the taxpayer should not b…
La. Rev. Stat. § 47:1574.2 Suit to enjoin certain preparers; cease and desist order
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§1574.2. Suit to enjoin certain preparers; cease and desist order A.(1)(a) In a court of competent jurisdiction or the Board of Tax Appeals, the secretary may commence suit to enjoin any preparer from further engaging in any conduct described in Subsection B of this Section or fr…
La. Rev. Stat. § 47:1574.3 Business reorganization to evade taxation; refusal to register a taxpayer or issue
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§1574.3. Business reorganization to evade taxation; refusal to register a taxpayer or issue resale certificate A. The secretary may refuse to register or issue or may revoke a state sales tax resale certificate to a business that has reorganized if the purpose of the reorganizati…
La. Rev. Stat. § 47:1575 Injunctions prohibited
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§1575. Injunctions prohibited No court of this state shall issue any process whatsoever to restrain the collection of any tax, penalty, interest, or other charge imposed in this Sub-title.
La. Rev. Stat. § 47:1576 Remittance of tax under protest; suits to recover
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§1576. Remittance of tax under protest; suits to recover A.(1)(a) Except as otherwise provided in Subsection B of this Section, any taxpayer protesting the payment of any amount found due by the secretary of the Department of Revenue, or the enforcement of any provision of the ta…
La. Rev. Stat. § 47:1576.1 Settlement offers
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§1576.1. Settlement offers A. Written settlement offers on matters in litigation shall be submitted to the secretary. The secretary shall respond with a written acceptance, rejection or counter offer within three months of the date the settlement offer is received. In responding …
La. Rev. Stat. § 47:1576.2 Installment agreements; fees
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§1576.2. Installment agreements; fees A. The total amount of tax due on any tax return shall be paid no later than the date the return is required to be filed. However, if the taxpayer qualifies for an installment payment agreement, the secretary may consider an installment payme…
La. Rev. Stat. § 47:1576.3 Fresh Start Proper Worker Classification Initiative
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§1576.3. Fresh Start Proper Worker Classification Initiative A. For the purposes of this Section, the following terms have the meanings ascribed to them: (1) "Applicant" means any association, corporation, estate, firm, individual, joint venture, limited liability company, partne…
La. Rev. Stat. § 47:1576.4 Safe harbor
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§1576.4. Safe harbor Any putative employer meeting the requirements provided for in this Section shall not owe withholding tax, interest, or penalties otherwise due for the workers to whom these requirements apply: (1) Reporting consistency. The putative employer timely filed all…
La. Rev. Stat. § 47:1577 Tax obligation to constitute a lien, privilege and mortgage
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§1577. Tax obligation to constitute a lien, privilege and mortgage A. Except as is specifically provided in the laws regulating building and loan associations, any tax, penalty, interest, or attorney fee due under the provisions of this Subtitle, shall operate as a lien, privileg…
La. Rev. Stat. § 47:1578 Cancellation of lien, privilege, and mortgage; compromises
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§1578. Cancellation of lien, privilege, and mortgage; compromises A. In any case where the tax, penalty, or interest secured by a recorded lien, privilege, and mortgage have been paid, the secretary or his authorized assistants or attorneys may authorize the cancellation thereof.…
La. Rev. Stat. § 47:1579 Prescription of taxes, interest, and penalties
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§1579. Prescription of taxes, interest, and penalties There shall be no prescription running against any state tax, license, excise, interest, penalty or other charge levied under this Sub-title, except that ordained in the Constitution of Louisiana.
La. Rev. Stat. § 47:158 Basis for depletion
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§158. Basis for depletion A. General rule. The basis upon which depletion is to be allowed in respect of any property shall be the adjusted basis provided in R.S. 47:139 for the purpose of determining the gain upon the sale or other disposition of such property, except as provide…
La. Rev. Stat. § 47:1580 Suspension and interruption of prescription
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§1580. Suspension and interruption of prescription A. The prescription running against any state tax, license, excise, interest, penalty, or other charge shall be suspended by any of the following: (1) The secretary's action in assessing any such amounts in the manner provided by…
La. Rev. Stat. § 47:1581 Prescription of assessments as judgments
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§1581. Prescription of assessments as judgments Any tax, penalty, interest, or other charges duly assessed under this Sub-title, being the equivalent of a judgment, shall not be subject to the running of any prescription other than such prescription as would run against a judgmen…
La. Rev. Stat. § 47:1582 Failure to remit tax collected on behalf of the state; rule to cease business
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§1582. Failure to remit tax collected on behalf of the state; rule to cease business A. Failure by any person obligated to collect any tax from taxpayers on behalf of the state to remit such taxes collected shall, without demand or putting in default, cause the tax, interest, pen…
La. Rev. Stat. § 47:1583 Federal tax refund offset fees
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§1583. Federal tax refund offset fees At such times as monies are received as a result of an offset of a federal income tax refund under the provisions of Section 6402(e) of the Internal Revenue Code, the taxpayer shall be given a credit for the amount of the offset less a deduct…
La. Rev. Stat. § 47:1584 Innocent spouse rule
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§1584. Innocent spouse rule A. In addition to the provisions of R.S. 47:101(B)(7), a natural person shall be relieved from liability for any tax, penalties, interest, or other amounts for the applicable tax year as provided in this Section as if the person is an innocent spouse a…
La. Rev. Stat. § 47:159 Distributions by corporations
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§159. Distributions by corporations A. Definition of dividend. The term "dividend" when used in this Chapter (except in R.S. 47:223 and 47:226, relating to insurance companies) means any distribution made by a corporation to its shareholders, whether in money or in other property…
La. Rev. Stat. § 47:160 Loss from wash sales of stock or securities
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§160. Loss from wash sales of stock or securities A. In the case of any loss claimed to have been sustained from any sale or other disposition of shares of stock or securities where it appears that, within a period beginning thirty days before the date of such sale or disposition…
La. Rev. Stat. § 47:1601 Interest on unpaid taxes
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§1601. Interest on unpaid taxes A.(1) When any taxpayer fails to pay a tax, or any portion thereof, on or before the day where it is required to be paid under the provisions of this Subtitle, interest shall be added to the amount of tax due and such interest shall be computed fro…
La. Rev. Stat. § 47:1602 Penalty for failure to make timely return; penalties related to nonpayment or
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§1602. Penalty for failure to make timely return; penalties related to nonpayment or underpayment A. When any taxpayer fails to make and file any return required to be made under the provisions of this Subtitle before the time that the return becomes delinquent or when any taxpay…
La. Rev. Stat. § 47:1602.1 Penalty for failure to timely remit schedules and payments required to administer the Sports Facility Assistance Fund
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§1602.1. Penalty for failure to timely remit schedules and payments required to administer the Sports Facility Assistance Fund A. In the case of failure to timely make and file any return or schedule required by the secretary to administer the provisions of the Sports Facility As…
La. Rev. Stat. § 47:1602.2 Waiver of penalties and interest; COVID-19 affected taxpayers; returns for tax
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§1602.2. Waiver of penalties and interest; COVID-19 affected taxpayers; returns for tax years 2019 and 2020 A. Notwithstanding any provision of law to the contrary, the secretary of the Department of Revenue shall waive all penalties and interest imposed pursuant to the provision…
La. Rev. Stat. § 47:1603 Waiver of penalty for delinquent filing or delinquent payment
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§1603. Waiver of penalty for delinquent filing or delinquent payment A.(1) If the action or failure to act resulting in a penalty pursuant to R.S. 47:1602 or 1602.1 is attributable, not to the negligence of the taxpayer, but to other cause set forth in written form and considered…
La. Rev. Stat. § 47:1604 Penalty for false or fraudulent return
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§1604. Penalty for false or fraudulent return When the taxpayer files a return that is false or fraudulent or grossly incorrect and the circumstances indicate that the taxpayer had intent to defraud the state of any tax due under this Subtitle, there shall be imposed, in addition…
La. Rev. Stat. § 47:1604.1 Accuracy-related penalty
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§1604.1. Accuracy-related penalty A.(1) Finding of negligence. For negligent failure to comply with any provisions of this Subtitle or any rules and regulations of the department, when the provisions of R.S. 47:1604 and Subsection D of this Section do not apply the secretary may …
La. Rev. Stat. § 47:1604.2 Insufficient funds check or electronic debit in payment of taxes; penalty
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§1604.2. Insufficient funds check or electronic debit in payment of taxes; penalty In the event a check or electronic debit used to make payment of a tax, interest, penalty, or fee due under this Subtitle is returned unpaid by the bank on which it is drawn for any reason related …
La. Rev. Stat. § 47:1605 Examination and hearing costs
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§1605. Examination and hearing costs A. If any taxpayer fails to make any return required by this Subtitle, or makes a grossly incorrect report, or a false or fraudulent report, and the secretary, in performance of his duty to ascertain the amount of tax due, makes an examination…
La. Rev. Stat. § 47:1606 Distraint cost penalty
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§1606. Distraint cost penalty Whenever the secretary uses the distraint procedure to enforce the collection of any tax, there shall be imposed with respect to the tax for the collection of which the distraint procedure is used a specific penalty in an amount to compensate for the…