As a result of Act No. 421 being enrolled in the last legislative session,
Governor Jindal has approved the Tax Delinquency Amnesty Act of 2013.
The purpose of the Act is to require the Louisiana Department or Revenue
(LDR) to establish a tax amnesty program applicable to all taxes administered
by the LDR except for motor fuel taxes and penalties for failure to submit
information reports that are not based on the underpayment of tax. This
new program would be effective for the following
three periods of time:
(1) Taxes due prior to January 1, 2013, for which the LDR has issued an
individual or a business proposed assessment, notice of assessment, bill,
notice, or demand for payment not later than May 31, 2013; or
(2) Taxes for taxable periods that began before January 1, 2013; or
(3) Taxes for which the taxpayer and the LDR have entered into an agreement
to interrupt the running of prescription pursuant to R.S. 47:1580 and
said agreement suspends the running of prescription until December 31, 2013.
Amnesty will be granted only for eligible taxes to eligible taxpayers who
apply for amnesty during an amnesty period on forms prescribed by the
LDR and who pay all of the taxes, all fees and costs, if applicable, and
any interest due upon filing the amnesty application. The specific dates
of the amnesty periods are to be determined by the LDR but would involve
the following three periods of time:
(1) A period of at least two months’ duration occurring prior to
December 31, 2013;
(2) A period of at least one month occurring between July 1, 2014, and
December 31, 2014; and
(3) A period of at least one month occurring between July 1, 2015, and
December 31, 2015.
If an amnesty application is approved during the 2013 amnesty period the
LDR will waive one-half of the interest and all of the penalties associated
with the tax periods for which amnesty is applied. If an amnesty application
is approved during the 2014 amnesty period, the LDR shall waive fifteen
percent of all of the penalties associated with the tax periods for which
amnesty is applied, but no interest will be waived. If an amnesty application
is approved during the 2015 amnesty period, the LDR will waive ten percent
of all the penalties associated with the tax periods for which amnesty
is applied, but no interest will be waived.
As you can see, this new tax amnesty program is a potentially beneficial
tool that can be used in resolving your state tax issues. If you would
like more information on this matter or would like to discuss any tax
issues that you may have, please feel free to contact George A. Mueller
III (email@example.com) or Ryan P. Monsour (firstname.lastname@example.org) at your convenience.