§ 47:287.614 — Time and place for filing returns; information concerning federal return;

Louisiana § 47:287.614

• Jurisdiction: Louisiana
• Title 47: Revenue and Taxation

Text

§287.614. Time and place for filing returns; information concerning federal return;
extension of time to file
A.(1) Returns made on the basis of the calendar year shall be made and filed with
the secretary at Baton Rouge, Louisiana, on or before the fifteenth day of May following the
close of the calendar year. Returns made on the basis of a fiscal year shall be made and filed
on or before the fifteenth day of the fifth month following the close of the fiscal year with
the secretary at Baton Rouge, Louisiana.
(2) Notwithstanding the provisions of Paragraph (1) of this Subsection, returns of
organizations described in I.R.C. Section 501 made on the basis of the calendar year shall be
made and filed with the secretary at Baton Rouge, Louisiana, on or before the fifteenth day
of June following the close of the calendar year. Returns made on the basis of a fiscal year
shall be made and filed on or before the fifteenth day of the sixth month following the close
of the fiscal year with the secretary at Baton Rouge, Louisiana.
B. A taxpayer shall disclose on its Louisiana income tax return the amount of taxable
income reported on its federal income tax return for the same taxable year and, when
requested by the secretary, shall furnish a true and correct duplicate of its federal income tax
return, statement, or report for the same taxable year.
C.(1) Any corporation whose federal income tax return is adjusted by the Internal
Revenue Service shall file an amended return within one hundred eighty days of the final
determination of such adjustments from the Internal Revenue Service.
(2) For purposes of this Subsection, "final determination" shall mean any of the
following:
(a) The taxpayer's execution of federal Form 870, or its equivalent, agreeing to the
final and complete disposition of all deficiencies or overassessments. If the agreement is
subject to final approval by the Internal Revenue Service, the Joint Committee on Taxation,
or the United States Department of Justice, the agreement shall be considered final when the
taxpayer receives a copy of the agreement executed by the government.
(b) The expiration of the statutory time period to petition the United States Tax Court
for a redetermination of the notice of deficiency.
(c) The execution of a signed closing agreement between the taxpayer and the
Internal Revenue Service pursuant to Section 7121 of the Internal Revenue Code, that results
in a final determination of all items in a completed federal audit.
(d) The issuance of a final, nonappealable decision of the United States Tax Court,
the United States Court of Federal Claims, a United States district court, or a United States
court of appeals; a decision of the Supreme Court of the United States; or any of these courts'
approval of a stipulation disposing of the case.
(e) The filing by the taxpayer of an amended federal income tax return that changes
state taxable income or state tax attributes.
(3) Unless otherwise agreed in writing by the taxpayer and the secretary, adjustments
by the department or by the taxpayer after the expiration of the applicable prescriptive period
are limited to adjustments to the taxpayer's tax liability arising from adjustments to the
taxpayer's federal taxable income.
D.(1) The secretary may grant a reasonable extension of time for filing returns, not
to exceed six months from the date the Louisiana income tax return is due or the extended
due date of the federal income tax return, whichever is later.
(2) The secretary may accept a photocopy or duplicate original of the taxpayer's:
(a) Federal application for an extension of time to file, or
(b) Application for an automatic extension of time to file a federal return.
(3) The secretary may grant an extension of time to file a Louisiana income tax
return for a specific taxable period if the taxpayer has received an automatic extension of
time to file a federal income tax return for that taxable period. The method for taxpayer
notification of the secretary that an automatic federal extension was obtained shall be
established by rule. The secretary may otherwise provide for the automatic extension of time
to file a corporation return not to exceed six months, or the extended due date of the federal
income tax return, whichever is later.
(4) For taxable periods beginning on or after January 1, 2022, the secretary shall
grant an extension of the time to file a Louisiana income tax return provided that the taxpayer
timely requested an extension from the Internal Revenue Service to file the federal return for
the same period. This extension of time to file shall not exceed six months or the extended
due date of the federal income tax return, whichever is later.
(5) All filing extensions provided pursuant to this Subsection are conditioned upon
the filing of the required return within the extension time period. If the required return is not
filed within the extension time period, there shall be no extension and any delinquent filing
penalty shall be computed from the original due date of the return.
E. Should the day required for filing returns fall on Saturday, Sunday, or a legal
holiday, the return shall be made and filed on the next business day. This Subsection is
applicable to the filing dates required by Subsection A and filing dates extended pursuant to
Subsection D.
{{NOTE: See Acts 1987, No. 136, §2.}}
NOTE: See Acts 2016, No. 661, §3, regarding applicability.

Legislative History

Acts 1986, 1st Ex. Sess., No. 16, §1, eff. Dec. 24, 1986; Acts 1987, No. 136, §1, eff. June 18, 1987; Acts 2001, No. 1032, §15; Acts 2010, No. 214, §1; Acts 2014, No. 198, §1, eff. July 1, 2014; Acts 2016, No. 661, §1, eff. June 17, 2016; Acts 2020, No. 234, §1, eff. Jan. 1, 2021; Acts 2021, No. 287, §1, eff. June 14, 2021; Acts 2022, No. 410, §1.