§ 47:1508 — Confidentiality of tax records

Louisiana § 47:1508

• Jurisdiction: Louisiana
• Title 47: Revenue and Taxation

Text

§1508. Confidentiality of tax records
A.(1) Except as otherwise provided by law, the records and files of the secretary of
the Department of Revenue or the records and files maintained pursuant to a tax ordinance,
excluding ad valorem property taxes and ad valorem property tax assessment rolls, of any
political subdivision are confidential and privileged, and no person shall divulge or disclose
any information obtained from such records and files except in the administration and
enforcement of the tax laws of this state or of a political subdivision of this state.
(2) No person shall divulge or disclose any information obtained from any
examination or inspection of the premises or property of any person in connection with the
administration and enforcement of the tax laws of this state or a political subdivision of this
state except to the taxing jurisdiction of his employment or, in the case of an already existing
independent contractor arrangement, to the contracting taxing jurisdiction.
(3) Neither the secretary nor any employee engaged in the administration or charged
with the custody of any such records or files shall be required to produce any of them for
inspection or use in any action or proceeding, except in an action or proceeding in the
administration or enforcement of the tax laws of this state or of a political subdivision.
(4)(a) Neither the secretary nor any employee engaged in the administration or
charged with the custody of any records or files shall be subject to subpoena or otherwise
required to appear in court for any challenge to candidacy filed pursuant to the provisions of
Title 18 of the Louisiana Revised Statutes of 1950.
(b) In lieu of live testimony, a properly executed affidavit issued by the secretary of
the Department of Revenue or his designee shall serve as sufficient confirmation as to the
accuracy of the records and files of the secretary of the Department of Revenue for such
purposes.
B. Nothing contained in this Section shall be construed to prevent:
(1) The delivery to a taxpayer or his duly authorized representative of a copy of any
return, report, or any other paper filed by him pursuant to the provisions of this Title or
pursuant to the provision of a tax ordinance of a political subdivision, or any information
regarding a taxpayer's individual income tax account even if the information has been
provided by a third party pursuant to the provisions of this Title.
(2) The publication of statistics so classified as to prevent the identification of any
return or report and the items thereof.
(3) The use of reports filed by a taxpayer under one Chapter of this Title or an
ordinance of a political subdivision, in an action against the same taxpayer for a tax due
under another Chapter of this Title, or another tax ordinance of the political subdivision.
(4) The inspection by the attorney general or other legal representative of the state
of the returns, reports, or files relating to the claim of any taxpayer who has brought an action
to review or set aside any tax imposed under this Title or by a political subdivision's tax
ordinance or against whom an action or proceeding has been instituted in accordance with
the provisions thereof.
(5) The furnishing, in the discretion of the secretary or a political subdivision, of any
information disclosed by the records or files to any official person of another department or
political subdivision of this state, or any other state, or of the United States who is concerned
with the administration of taxes and who in fact furnishes or has agreed with the secretary
or political subdivision to furnish information contained in the records and files administered
by him to the Department of Revenue or the political subdivision on a reciprocal basis;
however, no such exchange of information shall be made in contravention of any provision
of state or federal law prohibiting the dissemination of such information, nor shall such
information be divulged except as provided by law, nor shall income tax records be divulged
to any department, agency, or political subdivision of this state, another state, or the United
States, except the Department of Revenue, or equivalent agency of another state, or the
Internal Revenue Service of the United States and then only on a reciprocal basis. In
addition, information divulged under this Subsection shall only be given to an agency which
has agreed in advance to respect the confidentiality of such information.
(6) The secretary from disclosing to any person the name and address of any person
who is registered and holds a license to operate within this state for motor fuel tax purposes,
but the secretary shall not disclose any tax data whatsoever with respect to the licensee,
except for information provided to the Louisiana Department of Agriculture and Forestry for
the enforcement of Chapter 30 of Title 3 of the Louisiana Revised Statutes of 1950. Any
information so furnished shall be considered and held confidential and privileged by the
Department of Agriculture and Forestry to the same extent heretofore provided. The
Department of Agriculture and Forestry shall not disclose or be required to disclose any
information obtained under this Paragraph unless the disclosure is ordered by a court of
competent jurisdiction or agreed upon in writing by the registered licensee.
(7) The furnishing or publication of the whole or any part or extract of the motor
vehicle license reports, or list of permit holders, or similar information not generally
considered confidential.
(8) The secretary from disclosing the name of any taxpayer who has filed an income
or corporation franchise tax return, but he shall not disclose any tax data whatsoever with
respect to any taxpayer, and such information shall be made available to any taxpayer upon
his request.
(9) The furnishing, in the discretion of the secretary, of severance tax information
to the Department of Conservation and Energy to be used solely for the coordination and
verification of revenue and production data relative to mineral resources produced within the
state. Any information so furnished shall be considered and held confidential and privileged
by the Department of Conservation and Energy to the same extent as heretofore provided.
(10) The secretary or political subdivision from disclosing to the legislative auditor,
or any members of his staff designated by him, those papers, books, documents, including
tax returns and tax return information, films, tapes, and any other forms of recordation,
including but limited to computers and recording devices which the legislative auditor, in his
discretion, deems necessary for the purpose of making an examination and audit of the books
and accounts of the Department of Revenue, as provided in R.S. 24:513.1, or a political
subdivision. Any information so furnished shall be considered confidential and privileged
by the legislative auditor, and members of his staff, to the same extent as heretofore
provided.
(11) The secretary from disclosing to any person upon request the name and address
of any registered wholesale tobacco dealer who holds a license or permit to operate within
this state, but the secretary shall not disclose any tax data whatsoever with respect to the
wholesaler, except for information provided to the tobacco settlement enforcement unit of
the Louisiana Department of Justice for the enforcement of Parts XIII and XIII-A of Chapter
32 of Title 13 of the Louisiana Revised Statutes of 1950 or to the Louisiana Office of
Alcohol and Tobacco Control for the enforcement of Chapter 7 of Title 26 of the Louisiana
Revised Statutes of 1950. Such disclosure shall include any and all data with respect to
dealers, including but not limited to any wholesaler or retailer, as well as manufacturer, sales
entity affiliate, or importer. The secretary, attorney general, and commissioner shall share
with each other the information received under the provisions of R.S. 13:5061 et seq., 5071
et seq., R.S. 26:901 et seq., and R.S. 47:841 et seq., and may share such information with
other federal, state, or local taxing agencies or law enforcement authorities only for purposes
of enforcement of those Sections and the corresponding laws of other states. The secretary,
attorney general, and commissioner may share information received under this Paragraph
with a court, arbitrator, or the professional services firm or firms including but not limited
to the data clearinghouse contemplated by the settlements referenced below, that are retained
for the purpose of assessing compliance with or otherwise calculating the tobacco revenue
owed to the state pursuant to the Master Settlement Agreement executed on November 23,
1998, as well as any subsequent agreements that may be executed pertaining to the Master
Settlement Agreement, including the NPM Adjustment Settlement Agreement, as well as
with counsel for the parties or expert witnesses in any proceedings relating thereto. Any
information shared or furnished shall be considered and held to be confidential and
privileged. The attorney general, commissioner, or secretary may also disclose any
information obtained under this Paragraph pursuant to an order by a court of competent
jurisdiction or if agreed upon in writing by the registered wholesale or retail tobacco dealer,
sales entity affiliate, importer, or manufacturer. The disclosure of information by the
attorney general, commissioner, or secretary permitted by this Paragraph shall not constitute
a violation of any other provisions in law. Furthermore, any information received by the
state pursuant to the NPM Adjustment Settlement Agreement shall be considered
confidential and shall not be disclosed except in accordance with the terms of the NPM
Adjustment Settlement Agreement or pursuant to an order from a court of competent
jurisdiction.
(12) The furnishing, in the discretion of the secretary, of severance tax information
to the Department of Wildlife and Fisheries to be used solely for the coordination and
verification of revenue and production data relative to shell, sand, gravel, and fill material
resources produced within the state. Any information so furnished shall be considered and
held confidential and privileged by the Department of Wildlife and Fisheries to the same
extent heretofore provided.
(13) The furnishing, in the discretion of the secretary, of severance tax information
to the Department of Agriculture and Forestry, through the office of forestry, to be used
solely for the coordination and verification of revenue and production data relative to timber
resources produced within the state. Any information so furnished shall be considered and
held confidential and privileged by the Department of Agriculture and Forestry to the same
extent heretofore provided.
(14) A sales and use tax commission contracting with a political subdivision for the
collection of taxes from disclosing to the internal auditor of the political subdivision, or any
members of his staff designated by the auditor, those papers, books, documents, including
tax returns and tax return information, films, tapes, and any other forms of recordation,
including but not limited to computers and recording devices which the internal auditor
deems necessary for the purpose of making an examination and audit of the books and
accounts of the sales and use tax commission. Any information so furnished shall be
considered confidential and privileged by the internal auditor, and members of his staff, to
the same extent as heretofore provided.
(15) The secretary of the department, the secretary of Louisiana Works, or any
political subdivision from disclosing to the Louisiana Lottery Corporation information
regarding whether or not a lottery vendor or retailer applicant, as defined in R.S. 47:9002,
is current in the filing of all applicable tax returns and reports, and in payment of all taxes,
interest, and penalties owed to the state of Louisiana or to any taxing political subdivision.
Any information so furnished shall be considered and held confidential and privileged by the
Louisiana Lottery Corporation to the same extent as heretofore provided.
(16) The furnishing, in the discretion of the secretary, of oil spill contingency fee
information to the office of the Louisiana oil spill coordinator within the office of the
governor, such information to be used solely in the exercise of the powers, duties, functions,
and responsibilities of that office as provided by law. Any information so furnished shall be
considered and held confidential and privileged by the office of the Louisiana oil spill
coordinator to the same extent heretofore provided.
(17) The furnishing of a taxpayer's reported federal adjusted gross income as
requested by the office of student financial assistance when based on certification by the
office that the confidentiality of such information will be respected and that it holds an
agreement signed by the taxpayer authorizing the release of this information for the purpose
of considering the eligibility of the taxpayer's beneficiary for a tuition assistance grant under
the Louisiana Student Tuition Assistance and Revenue Trust Program as provided for by
Chapter 22-A of Title 17 of the Louisiana Revised Statutes of 1950, for the purpose of
considering the eligibility of the taxpayer's beneficiary for participation in the Louisiana
Student Tuition Assistance and Revenue Trust Kindergarten Through Grade Twelve Program
as provided for by Chapter 22-B of Title 17 of the Louisiana Revised Statutes of 1950, for
the purpose of considering the eligibility of the taxpayer's dependent child for an award under
the Louisiana Taylor Opportunity Program for Students as provided for by Chapter 50 of
Title 17 of the Louisiana Revised Statutes of 1950, or for the purpose of determining
employment and residency status of past recipients of the Louisiana Taylor Opportunity
Program for Students awards.
(18)(a) The secretary from disclosing the name and address of any taxpayer who is
delinquent in the payment of any tax collected by the secretary at such time as all
assessments have become final and collectible by distraint and sale.
(b) Any disclosure shall only be made after the secretary provides written notice by
registered mail to the taxpayer. The notice shall inform the taxpayer of the secretary's
intention to publish the fact of the taxpayer's tax delinquency and other tax information
authorized by Subparagraph (c) for failure to pay the amount due. The notice shall give the
taxpayer thirty days from the date of the notice to pay the total amount of tax, penalty, and
interest due prior to publication or to make arrangements to pay the tax, penalty, and interest
due.
(c) At such time as the notice provisions of this Paragraph have been satisfied, the
secretary may disclose the name and address of the taxpayer, the type of delinquent taxes
due, and the total amount of tax, penalty, and interest due. If the taxpayer is a business
entity, the secretary may additionally name any owner who owns at least a fifty percent
ownership interest in the entity. No other taxpayer information may be disclosed. The
disclosure may be made in any newspaper, magazine, or in electronic media, such as
television or the Internet.
(19) The secretary, in order to implement the provisions of R.S. 56:303(E), from
disclosing to the Department of Wildlife and Fisheries upon the request of the secretary of
the Department of Wildlife and Fisheries or his designee a list of the names and social
security numbers of those persons issued a certificate of exemption pursuant to R.S.
47:305.20(B).
(20) The secretary, in order to implement the provisions of R.S. 51:936(C), from
disclosing to Louisiana Economic Development, upon request of the secretary of economic
development, information from the state returns and reports of a taxpayer who has applied
to or contracted with Louisiana Economic Development for assistance, including but not
limited to tax incentives, economic development programs, financial assistance, cooperative
endeavor agreements, or technical assistance. The secretary shall not disclose any data from
those returns or reports provided by the Internal Revenue Service. Any information so
furnished shall be considered and held confidential and privileged by Louisiana Economic
Development to the same extent heretofore provided.
(21) The furnishing, in the discretion of the secretary, of International Fuel Tax
Agreement tax information to the Department of Public Safety and Corrections, public safety
services, to be used both solely for the coordination and verification of information relating
to the International Registration Plan. Any information so furnished shall be considered and
held confidential and privileged by the Department of Public Safety and Corrections, public
safety services, to the same extent as heretofore provided.
(22) The furnishing, in the discretion of the secretary, of gasoline and motor fuels
and special fuels tax information to the Department of Agriculture and Forestry to be used
solely for the coordination and verification of information relating to gasoline and motor
fuels and special fuels. Any information so furnished shall be considered and held
confidential and privileged by the Department of Agriculture and Forestry to the same extent
as heretofore provided.
(23) The sharing or furnishing of, upon the request of the secretary of the Department
of Children and Family Services or her designee, the address and social security number of
the person designated by Department of Children and Family Services as an absent parent
and any report required by R.S. 47:114.1 for the purpose of implementing the provisions of
R.S. 46:236.1.1 et seq., the family and child support program.
(24) The furnishing to the Office of Financial Institutions documents and other
materials submitted by a Louisiana Community Development Financial Institution or by
qualified Louisiana businesses as provided for in R.S. 51:3093.
(25) The furnishing of, upon request, the following information provided to the
Department of Revenue in an application for the Louisiana new markets tax credit, R.S.
47:6016, for all qualified equity investments made on or after July 1, 2008: the name of the
original investor, a detailed description and the location of the qualified low-income
business, the total amount of the qualified equity investment, and the total amount of
Louisiana new markets tax credits earned.
(26) The furnishing in the discretion of the secretary, of information to the treasurer
of the state of Louisiana to be used solely to determine verification of the amount of sales
tax, penalty, or interest paid by a person requesting a refund pursuant to R.S. 39:100.71 for
any sales tax, penalty, or interest paid on a purchase made on or after September 1, 2005,
through December 31, 2006, of any manufactured home used solely as residential housing.
Any information so furnished shall be considered and held confidential and privileged by the
treasurer by the same extent heretofore provided.
(27) The furnishing, in the discretion of the secretary, of information to the
Department of Culture, Recreation and Tourism to be used solely to determine the economic
impact and viability of art, historical, or cultural districts created within the state. Any
information so furnished shall be considered and held confidential and privileged by the
Department of Culture, Recreation and Tourism to the same extent heretofore provided.
(28) The sharing or furnishing, in the discretion of the secretary, of information to
Louisiana Works for the purposes of determining, investigating, or prosecuting fraud related
to all areas administered by Louisiana Works or for the purposes of reviewing and
considering applications for participation in the Fresh Start Proper Worker Classification
Initiative provided for in R.S. 47:1576.3. Any information shared or furnished shall be
considered and held confidential and privileged by Louisiana Works to the same extent
heretofore provided.
(29) The sharing or furnishing, in the discretion of the secretary, of a taxpayer's
reported postsecondary education and employment information to the Louisiana Board of
Regents for purposes of generating data related to the success of Louisiana's postsecondary
graduates in the workforce. Any information shared or furnished shall be considered held
confidential by the Louisiana Board of Regents to the same extent provided for in Subsection
A of this Section.
(30)(a) The secretary from annually disclosing, beginning September 1, 2012, to the
Louisiana Clerks of Court Association, a list of each taxpayer who filed a return for the
previous calendar year, which shall include only the taxpayer's name, address, and the last
four digits of the taxpayer's social security number. The list shall be provided in an
electronic format without cost to the Louisiana Clerks of Court Association.
(b) Upon written request of any district clerk of court, the Louisiana Clerks of Court
Association shall provide to the clerk the electronic list for the respective parish.
(c) Neither the list provided by the secretary pursuant to this Paragraph nor the list
provided by the Louisiana Clerks of Court Association pursuant to this Paragraph shall be
considered a public record; however, the jury venire roll constructed by the district clerk of
court shall be considered a public record.
(31) The sharing or furnishing, in the discretion of the secretary, of information to
the Public Service Commission for the purposes of determining, investigating and enforcing
the provisions of R.S. 45:1177. Any information shared or furnished shall be considered and
held confidential and privileged by the Public Service Commission to the same extent
provided for in Subsection A of this Section.
(32) The furnishing of information to the secretary of the Senate and the clerk of the
House of Representatives regarding whether any person nominated or appointed to a board,
commission, committee, corporation, district, or other office or position that requires
confirmation, approval, or election by the Senate or the House of Representatives has filed
tax returns or owes a liability for the previous five years. Any information so furnished shall
be considered confidential and privileged by the Senate or the House of Representatives to
the same extent provided for in Subsection A of this Section.
(33) The sharing or furnishing, in the discretion of the secretary, of information to
the Louisiana Department of Health's tax filing and Medicaid fraud units for the purposes of
complying with mandatory requirements in accordance with federal law, including
information necessary to verify an individual's eligibility for Medicaid.
(34) The furnishing of information as requested by the transferor pursuant to the
provisions of R.S. 47:1524(G).
(35) The secretary, in order to implement the provisions of R.S. 14:202.2, from
disclosing the following information to the office of the attorney general upon the request of
the attorney general or his designee:
(a) A list of the taxpayers claiming the tax credit authorized by R.S. 47:6030.
(b) The taxpayer's submitted Form R-1086 and supporting documentation.
(c) The amount of the credit received by the taxpayer pursuant to R.S. 47:6030.
(36) The sharing or furnishing, in the discretion of the secretary, of information to
the Louisiana Office of Alcohol and Tobacco Control for the purposes of carrying out its
administrative function of providing the state with an effective regulatory system for the
alcoholic beverage and tobacco industries. Any information shared or furnished shall be
considered and held confidential and privileged by the Louisiana Office of Alcohol and
Tobacco Control to the same extent provided for in Subsection A of this Section.
(37) The sharing or furnishing of information to the Louisiana Department of Health
for the purposes of monitoring the implementation and operation of the provisions of R.S.
47:297.13.
(38) Beginning January 1, 2016, the sharing or furnishing of a complete record of
all waiver of penalties that exceed twenty-five thousand dollars with the House Ways and
Means and Senate Revenue and Fiscal Affairs Committees. Any taxpayer who accepts the
remittance or waiver of penalties shall be deemed to have consented to the submission of the
complete record of the remittance or waiver of penalty to the House Ways and Means and
the Senate Revenue and Fiscal Affairs Committees. This provision shall not apply to any
penalty the secretary remits or waives in accordance with rules and regulations promulgated
pursuant to the Administrative Procedure Act regarding the remittance or waiver of penalties
under the department's voluntary disclosure program.
(39) The sharing or furnishing, in the discretion of the secretary, of information in
response to a court-ordered subpoena requested by the Louisiana Office of the Inspector
General, the Louisiana Attorney General's office or a Louisiana District Attorney's Office in
connection with or related to an ongoing criminal investigation being conducted and/or a
criminal proceeding pending in a court of competent jurisdiction in the State of Louisiana.
(40) The sharing or furnishing, in the discretion of the secretary, of information in
response to a court-ordered subpoena requested by a United States Attorney's Office in
connection with or related to an ongoing criminal proceeding pending in a court of competent
jurisdiction in the state of Louisiana. This provision shall also include the sharing or
furnishing of information requested by a United States' Attorney's Office in connection with
a federal grand jury subpoena.
(41) Upon the request of the state chief procurement officer, for purposes of the
requirements established under R.S. 47:1678, the secretary is authorized to disclose to the
central purchasing agency information concerning whether a prospective contractor for a
contract with the state for the procurement of personal, professional, consulting, or social
services or the purchasing of food, supplies, or major repairs that requires the approval of the
central purchasing agency is current in the filing of all applicable tax returns and reports and
in the payment of all taxes, interest, penalties, and fees owed to the state and collected by the
Department of Revenue. The information disclosed shall be used solely for the purpose of
determining whether the contract may be approved by the central purchasing agency. The
secretary shall not disclose any data from returns or reports provided by the Internal Revenue
Service. Any information so furnished shall be considered and held as confidential and
privileged by the central purchasing agency as is required under Subsection A of this Section.
(42) The sharing or furnishing of names and addresses of taxpayers, upon request of
the Department of the Treasury, to be used for the sole purpose of carrying out its unclaimed
property function provided for in R.S. 9:151 et seq. However, no tax data shall be disclosed.
Any information furnished to the Department of the Treasury shall be considered and held
confidential and privileged by the treasurer to the same extent heretofore provided.
(43) The sharing or furnishing, in the discretion of the secretary, of information to
the Department of the Treasury to be used solely for the purposes of administering the
Louisiana Main Street Recovery Program and Fund as provided in R.S. 39:100.44 or the
rebate for essential critical infrastructure workers as provided in R.S. 51:1787(K). The
secretary shall not disclose any data from returns or reports provided by the Internal Revenue
Service. Any information shared or furnished shall be considered and held confidential and
privileged by the Department of the Treasury to the same extent provided for in Subsection
A of this Section.
C. Whoever violates any provision of this Section by divulging information
unlawfully shall be punished by imprisonment for not more than two years or fined not more
than ten thousand dollars, or both.

Legislative History

Acts 1960, No. 372, §1; Acts 1971, No. 160, §1; Acts 1975, No. 463, §1; Acts 1976, No. 89, §1, eff. Jan. 1, 1977; Acts 1976, No. 611, §1; Acts 1979, No. 169, §3; Acts 1979, No. 587, §1; Acts 1983, No. 368, §1; Acts 1983, No. 172, §1, eff. Oct. 1, 1983; Acts 1986, No. 634, §2; Acts 1986, No. 766, §2; Acts 1987, No. 547, §1; Acts 1990, No. 35, §1; Acts 1990, No. 460, §1; Acts 1991, No. 1, §1, eff. May 30, 1991; Acts 1992, No. 168, §1, eff. June 8, 1992; Acts 1992, No. 447, §4, eff. June 20, 1992; Acts 1997, No. 1416, §3, eff. July 15, 1997; Acts 1998, 1st Ex. Sess., No. 165, §2, eff. May 7, 1998; Acts 2001, No. 257, §1; Acts 2001, No. 435, §1, eff. June 15, 2001; Acts 2003, No. 250, §2; Acts 2003, No. 1068, §3, eff. July 2, 2003; Acts 2004, No. 699, §2; Acts 2005, No. 252, §2, eff. July 1, 2006; Acts 2005, No. 383, §1, eff. June 30, 2005; Acts 2005, 1st Ex. Sess., No. 29, §1, eff. Nov. 29, 2005; Acts 2007, No. 345, §1, eff. June 30, 2007; Acts 2008, 2 nd Ex. Sess., No. 4, §1, eff. March 24, 2008; Acts 2008, No. 121, §1; Acts 2008, No. 468, §2, eff. July 1, 2008; Acts 2008, No. 652, §3, eff. July 1, 2008; Acts 2008, No. 743, §7, eff. July 1, 2008; Acts 2010, No. 617, §1; Acts 2010, No. 877, §3, eff. July 1, 2010; Acts 2011, No. 397, §1; Acts 2012, No. 459, §1; Acts 2012, No. 849, §1; Acts 2013, No. 221, §3; Acts 2013, No. 399, §3, eff. June 17, 2013; Acts 2013, No. 418, §1, eff. June 21, 2013; Acts 2014, No. 682, §2, eff. June 18, 2014; Acts 2014, No. 734, §1, eff. June 19, 2014; Acts 2015, No. 117, §1, eff. June 19, 2015; Acts 2015, No. 128, §1, eff. July 1, 2015; Acts 2017, No. 211, §2, eff. June 14, 2017; Acts 2017, No. 344, §1, eff. July 1, 2017; Acts 2018, No. 339, §1; Acts 2018, No. 648, §1, eff. June 1, 2018; Acts 2018, No. 671, §3, eff. June 1, 2018; Acts 2018, No. 687, §5, eff. May 30, 2018; Acts 2020, No. 311, §1, eff. June 12, 2020; Acts 2020, 1 st Ex. Sess., No. 12, §1, eff. July 13, 2020; Acts 2021, No. 285, §2, eff. July 1, 2021; Acts 2022, No. 406, §2; Acts 2023, No. 150, §18, eff. Jan. 10, 2024; Acts 2024, No. 298, §2, eff. May 28, 2024.