Presentation on theme: "2013 New Year Change & Practice Update Seminar"— Presentation transcript:
12013 New Year Change & Practice Update Seminar October 2013Presented byLeonore Heavey, Barbara Reeves, and Bobbie SwaffordLouisiana Department of Revenue
2DisclaimersThis presentation is “informal advice” as contemplated by Louisiana Administrative Code 61:III.101.D.3, which provides that informal advice does not have the force and effect of law and is not binding on the Department, the public, or the individual seeking advice. Informal advice will have no effect on an auditAny opinions expressed are those of the presenters
4DOMAIRS Revenue Ruling requires same sex couples who were married in a state that recognizes same sex marriage to file married filing joint or married filing separatelyLDR response—RIBCurrent advice:File your clients’ Louisiana tax returns as you would have prior to the IRS rulingSee page 21 & What’s New section of the Resident return
5Non Refundable Child Care Credit Child Care Credit Carried Forward From 2009 Through 2012 – Line 12C –The child care tax credit for taxpayers whose federal adjusted gross income exceeds $25,000 is not refundable. Unused credit amounts can be used over the next four years.For the 2013 tax year, credits carried forward from 2009 through 2012 can be applied on Line 12C.Any remaining child care credit from 2008 has prescribed can not be applied to the 2013 tax liability. (R.S. 47:297.4)
6School Readiness Credit Carryovers School Readiness Credit carried forward from 2009 through 2012 – Line 12E –The school readiness credit for taxpayers whose federal adjusted gross income exceeds $25,000 may not be refunded and any unused credit amounts can be used over the next four years.For the 2013 tax year, credits from 2009 through 2012 can be applied on Line 12E. (R.S. 47:6104)Any remaining credit from 2008 has prescribed and cannot be used on the 2013 tax return
7School Readiness Credit for Child Care Directors and Staff Refundable credit for eligible child care directors and staffBased on certain attained qualifications2013 credit amounts based on CPI-U adjustment:Staff Qualification LevelIncrease from 2012Credit for 2013Level IV Director or Level IV Staff$66$3,212Level III Director or Level III Staff$55$2,676Level II Director or Level II Staff$44$2,141Level I Director or Level I Staff$33$1,606
8Sugar Cane Trailer Conversion Credit The refundable credit for conversions made in 2013 is limited to $6,500 per trailer2013 is the last year the credit can be earnedNo tax credit allowed for costs paid on and after January 1, 2014See RIB for more information and for each year’s per trailer credit capR.S. 47:6029
9Changes to Solar Energy Systems Credit Act No. 428 of the 2013 Regular Session of the Louisiana Legislature made numerous changes to the tax credit provided in La. R.S. 47:6030 including:Wind systems no longer qualifyCredit no longer available for installations at residential apartment complexesSignificant differences between eligibility for leased versus purchased systemsAll system components purchased on or after July 1, 2013 must be compliant with the American Recovery and Reinvestment Act of “Buy American” (See RIB )Credit phases out with a final sunset of January 1, 2018See RIB , Solar Energy Systems Tax Credit, for more information about the changes
10Alternative Fuel Vehicle Credit Changes Act 219 of 2013 specifies that flex fuel vehicles do not qualifyAct 427 of 2013 changed the definition of “alternative fuel” to “natural gas, liquefied petroleum gas, and any nonethanol based advanced biofuel”Removes ethanol as alternative fuelRetains electricity, but only if the vehicle(a) has at least four wheels; (b) is manufactured primarily for use on public streets, roads, and highways and is able to attain a maximum speed of at least fifty five miles per hour; and (c) is propelled by an electric motor which draws electricity from a battery which has a capacity of not less than four kilowatt hours and is capable of being recharged from an external source of electricityLow speed electric vehicles are no longer eligibleSee RIB for more information
11Federal Income Tax Deduction Two new Affordable Care Act taxes took effect in 20131. Net Investment Income TaxWill be added to federal taxes paid for purposes of determining the FIT deduction because it is a tax on net income2. Additional Medicare TaxWill NOT be added to federal taxes paid for purposes of determining the FIT deduction
12New Additional Donation SNAP Fraud and Abuse Detection & Prevention Fund, Line 41, page 5 (“Amount Due Louisiana” section)For tax years beginning on and after January 1, 2013The monies in the fund may be appropriated by the legislature only to enhance fraud and abuse detection and prevention activities related to the Supplemental Nutrition Assistance Program.Created by Act 635 of 2012
13Schedule D—Donation of Refund Line 4—SNAP Fraud and Abuse Detection and Prevention Fund–This fund provides fraud and abuse detection and prevention activities related to the Supplemental Nutritional Assistance Program. (R.S. 47:120.39)Line 7—Checkoff donation for the Louisiana Prostate Cancer Trust Fund has been changed to the Louisiana Cancer Trust FundLine 12—Louisiana Bicentennial and Battle of New Orleans Commissions. Current donations will be distributed to the Battle of New Orleans Commission; the Bicentennial Commission has ended by operation of law.Line 22—Decorative Lighting on the Crescent City Connection (Act 194 of the Regular Legislative Session)Line 23—Operation and Maintenance of the New Orleans Ferries (Act 194 of the 2013 Regular Legislative Session)Line 24—Louisiana National Guard Honor Guard for Military Funerals (Act 392 of the 2013 Regular Legislative Session)Line 25—Bastion Community of Resilience. Taxpayers may donate all or part of their refund for the development of innovative housing for recent war veterans and their families.
14Refund OptionsAct 818 of 2012—For tax years 2013, 2014 and 2015 taxpayers may choose among 3 optionsPaper checkMyRefund cardDirect deposit to bank accountDefault is MyRefund card.Taxpayers will receive a MyRefund card if:No refund option chosenDirect deposit account number is incomplete or unreadable
15Refund Reissue Notices Refund reissue notices--“blue letter”For refund cards issued in 2012 that have not been activated, andUn-cashed checks issued in 2012,Refunds for taxpayers who did not respond to LDR by October 18, 2013 will be turned over to Unclaimed Property
16What’s New for 2013— Corporate, Composite partnership, and Sales & use Tax
17Corporate Income TaxNo short form (dormant corporations and non-profits with UBTI will file the CIFT-620)Schedule G - Reconciliation of Federal and Louisiana Net Income:Line 2d has been changed to require the reporting of Louisiana depletion in excess of federal depletion.Line 2e has been changed to require the reporting of expenses not deducted on the federal return due to Internal Revenue Code Section 280C.Line 2f has been changed to report subtractions from federal net income other than those reported on lines 2a through 2e.Lines 2d through 2f were previously blank, allowing the reporting of subtraction items other than those reported on lines 2a through 2c.
18Corporate Income TaxNon Refundable Credits - Schedule NRC: Dedicated Research - Code This credit has been deleted from the return.Tax Credit changes (see Individual Income Tax)Solar energy systems, RIB & RIBAlternative fuel vehicle, RIBSugar cane trailer conversion, RIB
19Corporate Tax Incentive Changes Changes were made to several tax incentive programs administered by other state agencies. Contact the certifying agency to determine if your client is impacted by these program changes.Louisiana Economic Development (LED)Research & Development CreditMotion Picture Investor CreditEnterprise Zone Credit/RebatePorts Investor CreditState Historic Preservation Office (CRT)Commercial Historic Rehabilitation Credit (RIB )
20Composite Partnership Return Electronic only for 2013 tax year Via MEFNonresident individual partners onlyResident partners cannot be includedNo payments will be made by the partnership on behalf of resident partnersConsider adjusting estimated paymentsWill now include tax credits earned by the partnershipExtensions for the composite return will also be electronic only
21Sales and Use Tax Change to Vendor’s Compensation: Rate reduced from 1.1% to 0.935%See RIBTaxpayers must use current form to properly calculate the correct vendor’s compensation amountUse R-1029 (7/13) from July 2013 forwardUse R-1029 (7/12) for tax periods between July 2012 to June 2013Using the wrong return will cause processing delays and may require you to refile using the correct returnIf the July 2013 return was filed before the new return was available, if you pay any additional tax resulting from the decrease in vendor’s compensation, interest and penalty will be waived
22Sales and Use Tax—Exemptions Act 271 [R.S. 47:305(D)(2)(a)] expands the exemption for patients and staff of hospitals to exempt the sale of meals furnished to staff and residents of nursing homes, adult residential care providers, and continuing care retirement communitiesEffective June 13, 2013, however the provisions of the Act are retroactive.Other legislative changes—go to click on “Publications” tab and select “Legislative Summaries”Legislative Summaries are available for
23Sales and Use Tax—Exemption Certificates As of August 1, 2013, the state and local sales and use tax exemption certificate for sales occurring at events sponsored by nonprofit organizations may be obtained annually from LDR instead of on a per event basisBeginning January 1, 2014, direct pay, sale for resale, and manufacturing machinery and equipment sales tax exemption certificates will be renewed automatically unlessLDR determines the taxpayer no longer qualifies for the exemption, orTaxpayer has not met its filing and payment obligations
24Use Tax Enforcement Authority Act 425 of 2013 created R.S. 47:302(U):Collection of consumer use tax. It is the duty of the secretary of the Department of Revenue to collect all taxes imposed pursuant to this Chapter and Chapters 2-A and 2-B of this Subtitle which may be due upon the sale by a remote seller of tangible personal property or services in Louisiana. The secretary is authorized and directed to employ all means available to ensure the collection of the tax in an equitable, efficient, and effective manner.If you do not already include a question regarding online or catalog purchases on which your clients paid no sales tax, please add such a question.
25Use Tax Enforcement Activities LDR Discovery Unit is utilizing third party data to assist with use tax compliancePilot—Tobacco Excise and Use Tax noticesMailed late September 2013Covers periodsLetter includes print out of all tobacco products purchased from out of state vendor where taxes not remitted by vendor or taxpayer, including date, product, quantity and purchase price
26Fiduciary and Partnership Information Extensions Please use appropriate formFiduciary—R-6466 (prior to 2012, R-6466 was for both returns)Partnership—R6463As these returns become electronic, the extensions will become electronicLook for fiduciary to become electronic for 2014 returns filed in 2015
28Amnesty BasicsAct 421 of the 2013 Louisiana Legislature instituted a three-year statewide state tax amnesty programThe dates for Amnesty 2013:Monday, September 23 – Friday, November 22The deal for Amnesty 2013:Pay 100% of the tax, all fees and ½ of the interest owed & LDR will waive 100% of the penalty and the other ½ interestIn 2014, no penalty waiver and only 15% of interest will be waivedIn 2015, no penalty waiver and only 10% of interest will be waivedThe website:The phone number:
29Amnesty TipsIf your client only owes penalty, they must apply via the website. Penalties will not be waived without an application.If a taxpayer cannot afford to take advantage of amnesty for all eligible periods, tax periods can be deselected on the Amnesty websiteNo installment agreements accepted for amnesty unless all payments received by LDR by November 22, 2013.
30No Amnesty Invitation?Invitations were mailed to most recent address LDR had on file. Call amnesty phone number to obtain letter ID number then apply via the amnesty websiteDecedents did not receive an amnesty invitation. Representatives may walk in or call to determine payoff amount. Proof of representation is required.Taxpayers with taxes under field audit and litigation were mailed letters with contact information. Call to determine payoff amount.
31Amnesty LDR Walk-in Site Alexandria 2nd Floor, Rapides Parish Courthouse701 Murray StreetAlexandria, Louisiana8:00 a.m. – 4:00 p.m. on the following days:October 1, 3, 8, 10, 17, 18, 22, 24, 29, and 31November 5, 6, 7, 12, 13, 14, 15, 18, 19, 20, 21, and 22
32Amnesty LDR Walk-in Site Lafayette—Site I Representative Vincent Pierre800 W. Congress St., Suite ALafayette, Louisiana9:00AM-3:00PM (This office opens at 9:00a.m. and closes from 12:00 to 1:00pm for lunch)• October 1-2, 7-9, 14-16, 21-23, 28-30• November 5-7, 12-15, 18-22
33Amnesty LDR walk-in site Lafayette—Site II Department of Children and Family Services825 Kaliste Saloom Rd.Brandywine Complex Bldg 6, Suite 100Lafayette Louisiana 705018:00AM- 3:00AM• October 1-4, 8-11, 15-18, 22-25, 29-31• November 1, 5-8, 12-15, 18-22
34Amnesty LDR Walk-in Site Lake Charles—Site I Representative A.B. Franklin2808 East Broad StreetLake Charles, Louisiana 706158:00 AM-4:00 PM (This office closes from 12:00-1:00 PM for lunch)October 1-3, 8-10, 15-16, 22-23, 29-30November 5-7, 12-15, 18-22
35Amnesty LDR Walk-in Site Lake Charles—Site II Senator Ronnie Johns1011 Lakeshore Dr., Suite 515Lake Charles, Louisiana8:30am - 4:00pm(This office opens at 8:30a.m. and closes from 12:00pm to 1:00pm for lunch)October 1-3, 8-10, 15-16, 22-23, 29-30November 5-7, 12-15, 18-22
36Amnesty LDR Walk-in Site Monroe Monroe State Office Building Room #242, 2nd Floor Conference Room122 St John StreetMonroe, Louisiana8:00 a.m. – 4:00 p.m. on the following days:October 2, 3, 9, 10, 16, 17, 23, 24, 30, and 31November 5, 6, 7, 12, 13, 14, 15, 18, 19, 20, 21, and 22
37Amnesty LDR Walk-in Site New Orleans Louisiana Department of Revenue, Southeast District ( )1450 Poydras Street Suite 800New Orleans, Louisiana 701128:00 AM – 4:00 PM (This location closes from 12:00 p.m. to 1:00 p.m. for lunch.)September 23-November 22, 2013
38Amnesty LDR Walk-in Site Shreveport Shreveport State Office Building Conference (Room located in Basement)1525 Fairfield AvenueShreveport, LA8:00 a.m. – 4:00 p.m. on the following days:October 2, 3, 9, 10, 16, 17, 23, 24, 30 and 31November 5, 6, 7, 12, 13, 14, 18, 19, 20, 21 and 22
41Individual Income Tax File electronically E-Services help line (225) orRefund turnaround –12-16 weeks for paper21 days for e-filed
42Individual Income TaxModern E-filing (MEF) will allow for the submission of PDF files with e-filed returns.Return attachments can also still be submitted via E-Fax number:(225)Include taxpayer’s name, account number and tax filing period on the top of the first page.
43Tips to Remember Carefully check social security numbers. Be sure that mailing addresses are kept up to date.When entering the mailing address, be sure it matches the Postal Service information.If the address doesn’t match perfectly, there will be processing delays.
44Address ChangesTaxpayers must ensure that their mailing addresses are up to dateFailure to update a changed mailing address can result in delayed income tax refunds and correspondencePlease update your address with the US Postal Service. LDR does monthly updates.You can change your address on the LDR website:www.revenue.louisiana.gov/AddressChangeBusinesses can add or change addresses in LaTap using the edit feature.
45Common Filing DelaysName issues -- Always file with the same names (first, middle, last) in the same order each year.Math errors.Conflicts with third party data or compliance reviews.Difference in estimated payments and credit carry forwards reported compared to LDR records.
46Common Filing Delays “Other” claimed on Schedule E, F or G. Large Refunds.Amended Returns completed incorrectly.Tip--Amended returns should be completed as if no other return was ever filed for the period.
47Paper Return Tips Use the correct year form Submit all pages of the tax return even if left blankSupply all essential information and complete the entire returnAll taxpayers must sign the return as well as a third party preparerBe sure that your printer ink is working properly and the return is easily read.
48Paper Return TipsDon’t mail checks without a tax return or appropriate voucher.Make sure to include the Social Security Number(s) or the account number and tax year on all payments and correspondence.Be sure to make the check payable to the Louisiana Department of Revenue.
49Paper Return TipsReturns with a balance due go to a different PO Box than refund returnsA return for which a payment is due should be mailed to:P.O. Box 3550, Baton Rouge, LAAll other individual income tax returns should be mailed to:P.O. Box 3440, Baton Rouge, LA
50Paper Return TipsIf requesting a direct deposit of a refund, carefully check the bank account and routing numbers.Sending your return via certified mail or courier will not speed processing of your return and will more likely delay your refund.
51Documentation Required Tax Return Instruction Booklets provide documentation requirements for each credit.Instruction Booklets can be downloaded from the LDR website or call (225)IVR interactive forms request rollout anticipated by year end.If required documentation is not submitted, credit will be denied until documentation provided.
52Refunds MyRefund Cards Optional for the 2014 filing season. MyRefund cards are administered by Chase.ContactTo activateFor lost or stolen cardsTo check card balance
53MyRefund Cards To request a check—Do not activate card. Contact LDR. If card is held for 6 months or longer before check request, check issuance process can be very lengthy.If card not activated with one year, funds are returned to LDRMyRefund card good for 3 years, but only if activated with the first year.
54Citizens InsuranceRIB provides information on Claiming the Credit for Citizens Property Insurance AssessmentsClaim once per tax period on IT-540 or IT-540INS or CIFT-620 or CIFT-620INSClaim in the tax period that corresponds with date the assessment paid.Under current Citizens bond repayment schedule, Citizens assessments eligible for the credit will be paid through 2024.
55Citizens InsuranceIf paid in 2012, claim credit on INS in 2012 or claim on the 2012 tax return due in 2013.Do not claim unless client has declaration page from insurance company and proof of payment.Submit copy of declaration page with paper filed returns only.Keep declaration page for four years if return e-filed.If paper INS Form is used refund will be by check
56Citizens InsuranceUnder R.S. 47:1623A, refunds prescribe three years from the 31st day of December of the year in which the tax became due.A Citizens assessment paid in 2009 must be claimed on the 2009 income tax return or INS Request for Refund form.Taxes associated with 2009 income tax returns became due on January 1, 2010.Refunds of Citizens assessments paid in must be claimed no later than 12/31/2013.
57Corporation Income and Franchise Tax Avoiding Delays
58Common Filing Errors FAILURE TO FILE INITIAL CFT RETURN CFT-4 — minimum $10 due unless LLC.Due by 15TH day of 3rd month following month of incorporation.Provides administrative information including FYE.Accounts will be set up as calendar year end without initial franchise return.
59Common Filing Errors DORMANT ENTITY FAILURE TO FILE RETURNS Annual returns still remain due after corporation stops operating and/or filing federal returns.Returns continue to be due until dissolution, revocation or withdrawal from the Secretary of State.Estimated assessments will be issued if no return is filed until the account is officially closed.
60Common Filing ErrorsFAILURE TO FILE FINAL RETURNFinal return due for end of the accounting period.No franchise tax due.Tax due if gains realized on liquidation of assets.Close account using form on website and copy of the dissolution from Secretary of State.Failure to dissolve with the Secretary of State will result in billings.
61Common Filing Errors NO ACCOUNT NUMBER ON RETURN Since 2005 CIFT returns subject to administrative or negligence penalty.5% OR $10.00, whichever is greater.CIFT returns now returned if LA account number not on return.
63Extension RequestsBeginning with returns due in 2013, taxpayers needing additional time to file an individual or corporate income tax return will need to electronically submit a request for an extension of time to file.Reminder: By filing an extension application, you are requesting only an extension of time to file.Not an extension of time to pay the tax.Payments received after the return due date will be assessed interest and late payment penalty.
64Extension Requests Electronic extension requests may be submitted via: The Department of Revenue’s web site atTelephone -- IVR (225)Third party tax preparation software
66Filing Frequency Filing Frequency A taxpayer can have their filing frequency changed. However, the change must be requested in writing and approved by the Department.Filing frequencies are reviewed by the Department once a year and notices are sent to the taxpayers. Changes are effective at the beginning of the calendar year.
67Sales Tax Errors USING THE WRONG FORM The sales tax return has changed several times in the last few years.The line #’s and/or the deduction percentages change from year to year.Be sure the form is correct for the period being filed.Never manually correct a preprinted form.
68Sales Tax Errors MUST USE BAR CODED RETURN FOR CORRECT PERIOD Use taxpayer bar coded return if possible. This speeds up processing.Bar code has all taxpayer information as well as the filing period.Computer will read bar code, it cannot read any manual adjustments made to the return.
69Sales Tax Errors LINE ITEM ERRORS If no transactions for the period, put zero on Line 1.Do not use “-0-” for a zero – no quotes or dashesWrite numbers legibly and within the box.Do not use cents – round to nearest dollar.
70Sales Tax Errors OTHER ERRORS Taking vendors compensation on delinquent or no remit returnsDeductions on front of return with no details on back of returnUsing incorrect deduction or exemption
71Claim for Refund Due to Bad Debts Form R Claim for Refund (Bad Debts)The debt must be deducted on a federal income tax return before the Department can issue a sales tax refund on a bad debt.Do not use this form as a substitute for the filing of an amended return or to correct an error on a previously filed tax return.The Department will process one refund claim per year for each dealer.If all or some portion of the debt is collected, the amount collected shall be reported as a new sale for the period when the recovery is made.
72Parish E-File ProgramParish E-file is a web-based application allowing businesses to file sales tax returns and remit sales tax payments for local tax authorities from one centralized site.Free online service available on LDR website.For questions, visit or call (225) Help Desk.
74Federal/State Match Program LDR receives an electronic transmission from the IRS on taxpayers who have filed federal tax returns with Louisiana mailing addresses.LDR identifies taxpayers who have not filed Louisiana returns for the period.LDR then sends Federal/State Match questionnaires to those taxpayers.
75Federal/State Match Questionnaire Please respond to this questionnaire, if you are not required to file a Louisiana income tax return for the year.It is less burdensome to clear up before an estimated assessment is issued.Notice of Intent to Offset and/or Suspend Licenses.Debt will be submitted to FMS (Federal Management Services) to offset federal refund.Debt could be assigned to a collection agency.
76Federal/State Match—Failure to Respond to Questionnaire If no response is received within the allotted time, a bill is generated.Failure to respond can bring a matter to seizable status in just over 3 months:30 Day Proposed Assessment60 Day Formal AssessmentSOFANotification of seizable statusFederal/State Match
77Optional Reply to Questionnaire Military I was a member of the armed service stationed in Louisiana. None of my income or my spouse's (if applicable) was derived from Louisiana sources. My legal state of residence for the referenced tax period was the State of __________________________.
78Federal/State Match—Military Personnel The Barksdale legal office is working with LDR to come up with a program to ensure local military members are taxed in accordance with the proper state laws.Airmen can bring a copy of their orders and a W-2 form to the legal office and they will handle the issue.For more information contact the 2 BW legal office at (318)LDR hopes to work with other military bases in the state to come up with a solution to the issue of military personnel with Homes of Residences in other states . Neither they or their spouses are subject to LA Individual Income Tax.
79Optional Reply to Questionnaire Already Filed If you have filed a Louisiana income tax return:return this letter,a copy of your Louisiana return,W-2 forms and,if applicable, a copy of the canceled check.
80Optional Reply to Questionnaire Not Required to File If you believe you were not required to file a Louisiana income tax return:Set forth your reasons why you were not required to file in the appropriate area on the back of this letterReturn the letter to LDR with documentation to substantiate your stated reasons (such as a copy of a return filed with another state or other proof of residency, etc.)
81Optional Reply to Questionnaire Need to File If you were required to file a Louisiana income tax return, but have not:Contact an office of the Department of Revenue if a tax return is needed orThe return can also be downloaded fromOr, file electronically
82Federal/State “Mismatch” Program recently implemented in Louisiana that matches federal information to state information, includingAGIFITItemized DeductionsFiling StatusSome first year errors were encounteredSchedule E and H reconciliation issuesIRS error on decedent returns with only one exemptionAlthough some billings are in error, not all are. Contact LDR to be certain.Reviewing 2010 information during upcoming year
83Remaining 2009 Schedule E or H Issues? If your client received a notice regarding individual income tax liability for 2009 and you suspect a Schedule E or Schedule H error, contact:Bobbie Swafford at (225) or by at
85IRS AdjustmentsLouisiana Revised Statute 47:103(C) requires taxpayers, whose federal returns are adjusted, to furnish a statement which discloses the nature and amounts of such adjustments.This disclosure must be furnished within 60 days after the adjustments have been made and accepted.Related Amnesty tip: If RAR refund adjustment not submitted to LDR within 60 days, no refund will be allowed
86CP2000 and RAR AdjustmentsCP2000’s are automatic adjustments made from electronic matches of information data returns received by the IRS.RARs (Revenue Agent Reports) are results of an IRS audit.
87CP 2000 and RAR Adjustments Why did I receive this notice? The IRS made changes to your federal return so LDR made the corresponding changes to your state return.You must provide verification of subsequent changes from the IRS to dispute LDR’s changes to AGI or FIT.
88CP 2000 and RAR Adjustments How do I dispute the state adjustment? A current IRS account transcript should be provided.LDR’s proposed assessment will not be adjusted until documentation is received verifying that the IRS has changed their audited amounts.
90Driver’s License Suspension R.S. 47:296.2 provides for the authorization to suspend the driver’s license of Louisiana taxpayers who have an outstanding individual income tax liability;LDR promulgated LAC 61:I.1355 as the rule to further define how this statute is applied.
91Driver’s License Suspension License will be suspended if:A liability reaches final and non-appealable status, andTaxpayer owes in excess of $1,000 in net tax for any one period.Net tax due is defined as tax due reported (or assessed in the event of no return filed) less any payments or credits processed for the period, exclusive of any interest, penalties, or fees.
92Driver’s License Suspension Regular driver’s licenses, as well as, Commercial driver’s licenses will be suspended.However, Class I (ID cards) and Class H (Handicapped licenses) will not be suspended.The Department of Public Safety will charge $60 reinstatement fee each time the license is suspended.
93Drivers License Suspension What if the taxpayer files married filing jointly?The driver’s license of the primary SS# will be suspended.In the event the husband is the primary on one period, and the wife is the primary on another and in excess of $1,000 is owed on both periods, both licenses will be suspended.Both will have to pay the DPS $60 reinstatement fee.
94Driver’s License Reinstatement Reinstatement process:If the liability is an estimate, the taxpayer must file returns.Taxpayer will have to pay the entire liability or enter into an installment agreement.Installment agreements, require 20% down payment with 12 months payout or less.
95Driver’s License Reinstatement Reinstatement process:Once payment is made or an installment agreement entered, LDR will issue the taxpayer a clearance letter.The letter will be signed with the embossed state seal.The taxpayer must bring the original clearance letter to DPS and pay the $60 fee to have the driver’s license reinstated.
96Driver’s License Reinstatement Reinstatement process:Taxpayer must physically bring the clearance letter to DPS – they do not accept faxed or mailed clearance letters;A breached installment agreement results in another suspension and an additional $60 reinstatement fee.
97Hunting and Fishing License Suspension LSA R.S. 47:296.3 provides for the authorization to suspend hunting and fishing licenses of Louisiana taxpayers who have an outstanding individual income tax liability.LDR promulgated LAC 61:I.1351 as the rule to further define how this statute is applied.
98Hunting and Fishing License Suspension Criteria to suspend hunting or fishing license:Taxpayer owes in excess of $ in net tax for any one period.Net tax due is defined as tax due reported (or assessed in the event of no return filed) less any payments or credits processed for the period, exclusive of any interest, penalties, or fees.WLF does not charge a reinstatement fee.
99Hunting and Fishing License Reinstatement Reinstatement process:If the liability is an estimate, the taxpayer must file returns.Taxpayer will have to either pay the entire liability or enter into an installment agreement for payment.
100Hunting and Fishing License Reinstatement Reinstatement process:Once the taxpayer has made payment, or entered into the installment agreement, the LDR employee will issue the taxpayer a clearance letter.The clearance letter will be faxed to Wildlife and Fisheries (WLF).The taxpayer does not have to go to WLF to have license reinstated.
101Removal of License Liens via Credit Card Payment Note: Using a credit card to pay balances due requires additional transaction time if licenses have been levied for prior non-payment.Once taxpayer obligations are met, LDR will notify and authorize the issuing state agencies to remove liens within 72 hours.
102Remitting Payments & documentation & how to get in touch with ldr
103Tax PaymentsIf you received a notice of tax due, mail your payment and the payment coupon to LDR in the reply envelope.Electronic payment options are convenient, safe, and secure methods of paying taxes. You can authorize an electronic funds withdrawal, or use a credit card or a debit card.For more information on electronic payment options, visit the LDR website at
104Tax PaymentsIndividual income tax liabilities may be paid electronically by an electronic bank account debit via the Louisiana File Online applicationBusiness tax liabilities may be paid electronically using LaTapOr pay by credit card using Official Payments atCredit card payments may also be initiated by telephone atCredit card payments incur a 2.49 % convenience fee.
106Contact Us Collections Office Audit General (225)Enforcement (225)Fax (225)ReveFax (225)Office AuditReveFax (225)LaTap, LaWage, and Parish E-File (225)
107Documentation Requested by Collection Division Collections/Enforcement Fax Numbers(225)(225) Individual(225) BusinessTelephone: (225)Address:P.O. Box 66658Baton Rouge, LA
108Contact Us viaSend an via the LDR website and your inquiry will be directed to the appropriate division.https://esweb.revenue.louisiana.gov/Contact Us/default.aspxPlease allow 3-5 business days for a response.
109DO NOT send documentation via Email boxes on LDR website. Do not send documentation that has been requested by Office Audit Division or the Collection Division via these boxes.Use snail mail or fax.
111Administrative Penalties In addition to the delinquent filing and payment penalties, other administrative penalties may be assessed--Negligence PenaltyAssessed for repeated delinquent filings.5% of tax or $10.00, whichever is greater.Collection FeeAssessed when a tax period has been in seizable status for 61 days or more.Fee 15% of the total unpaid balance.
112Federal Offset Program If taxpayer is paying a debt through an installment agreement, any money received through the Offset Program will reduce the length of the agreement, but it will not affect the scheduled payment amount.Any unpaid amount will remain eligible for offset until it is paid in full. Interest, penalties and fees will continue to accrue until all of the tax debt has been paid in full.
113“November 18” Due Date Letters Some taxpayers who requested extensions via the LDR website received letters stating that November 18, 2013 is the final extended due date for 2012 IIT returnsThe actual due date is Friday, November 15The November 18 due date will be honored for those taxpayers who received letters with this error
114Frequently Asked Questions (FAQs) Examples:How can I get a copy of my tax return?How can I make a payment with my extension request?Can I amend my return on the department’s website?I filed my individual income tax electronically and selected to have my refund deposited directly into my bank account. It has been over two weeks and the money has not been credited. What should I do?
115LDR Subscription Services Tax Topics Subscription ServiceIf you would like an when LDR posts a new Tax Topic, please submit the information requested at this link:tss.aspxPolicy Statement Subscription ServiceIf you would like an when LDR issues or updates a Policy Statement, submit the information requested at this link:psss.aspx