§ 47:115 — Refunds and credits

§115. Refunds and credits
A. Employee refunds and credits.
(1) Income on which any tax is required to be withheld by an employer under this
Sub-part shall be included in the income tax return of the employee, but the amount of tax
deducted or withheld during any calendar year shall be allowed as a credit to such employee
against his income tax liability for the taxable year beginning in such calendar year.
(2) To the extent that the aforesaid credit, together with other credits allowed by law,
is less than the amount of the employee's income tax liability for said taxable year, the
amount of such underpayment shall be paid on or before the date prescribed by law for filing
individual income tax returns for said taxable year and shall be delinquent and past due after
said date.
(3) To the extent that the credit provided for in Paragraph (1) of this Subsection,
together with other credits allowed by law, is in excess of the employee's income tax liability
for the taxable year, as shown on an income tax return filed by such employee for that year,
such overpayment shall be considered as taxes erroneously paid to be credited or refunded
as herein provided. Such overpayment shall be credited to such person's estimated or income
tax liability for the succeeding taxable year unless such person shall claim a refund therefor
except that overpayment of one dollar or less shall be refunded or credited only upon the
receipt by the secretary of a written demand for such refund from the taxpayer; however, the
collector is authorized to consider any final return showing an overpayment as a claim for
refund.
(4) No refund or credit shall be allowed unless the employee provides with his final
income tax return a copy of the employer's receipt for the amount of tax deducted and
withheld from his wages for that taxable year as provided for in R.S. 47:112(L), except that
if such employee submits satisfactory proof that his employer deducted and withheld taxes
from his wages and that his employer failed or refused to furnish him with the prescribed
receipt, such proof may be taken to establish a credit or refund under this Section.
(5) The income tax liability of an employee shall not be affected by the failure of his
employer to withhold the tax required under this Sub-part.
B. Employer refunds and credits.
(1) If more than the correct amount of tax, penalty or interest is paid to the collector
by an employer he may file a claim for refund of such overpayment or the collector may
allow him to take credit for the overpayment against the tax reported on any return which he
subsequently files. However, refund or credit of the overpayment shall be made only to the
extent that the amount of the overpayment exceeds the tax actually withheld and penalty and
interest thereon.
(2) Claims for refund or credit under this Section shall be governed by the general
law relating to the refunding or crediting of overpayments by the collector.
C. Other refunds and credits. To the extent a taxpayer's payments, together with
other credits allowed by law, is in excess of his income tax liability shown on a return filed
for the taxable year, such overpayment shall be considered as taxes erroneously paid to be
credited or refunded as herein provided. Such overpayment shall be credited to the taxpayer's
estimated or income tax liability for the succeeding taxable year unless a claim for refund is
made. Notwithstanding any provision of this Subsection to the contrary, an overpayment of
one dollar or less shall be refunded or credited only upon the receipt by the secretary of a
written demand for such refund from the taxpayer. The secretary is authorized to consider
any final return showing an overpayment as a claim for refund.
NOTE: See Acts 2016, 2 nd Ex.Sess., No. 10, §3, regarding applicability.

Legislative History

Added by Acts 1960, No. 342, §1. Amended by Acts 1964, No. 107, §1; Acts 1976, No. 93, §1, eff. Jan. 1, 1977; Acts 1982, No. 853, §1, eff. Oct. 1, 1982; Acts 1988, 1st Ex. Sess., No. 4, §1, eff. Mar. 28, 1988; Acts 2001, No. 1032, §15; Acts 2004, No. 900, §1, eff. Jan. 1, 2005; Acts 2016, 2 nd Ex. Sess., No. 10, §1, eff. July 1, 2016.