§ 47:306 — Returns and payment of tax; penalty for absorption

Louisiana § 47:306

• Jurisdiction: Louisiana
• Title 47: Revenue and Taxation

Text

§306. Returns and payment of tax; penalty for absorption
A. General provisions. (1)(a) Except as hereafter provided, the taxes levied
hereunder shall be due and shall be payable monthly. For the purpose of ascertaining the
amount of tax payable, all dealers shall transmit, on or before the twentieth day of the month
following the month in which this tax becomes effective, to the secretary of revenue, upon
forms prescribed, prepared, and furnished by him, returns showing the gross sales, purchases,
gross proceeds from lease or rental, gross payments for lease or rental, gross proceeds
derived from sales of services, or gross payments for services, as the case may be, arising
from all taxable transactions during the preceding calendar month. Thereafter, like returns
shall be prepared and transmitted to the secretary by all dealers on or before the twentieth day
of each month for the preceding calendar month. These returns shall show any further
information the secretary may require to enable him to correctly compute and collect the tax
levied. Every dealer, at the time of making the return required hereunder, shall compute and
remit to the secretary the required tax due for the preceding calendar month, and failure to
so remit such tax shall cause said tax to become delinquent.
(b) However, whenever the taxes due hereunder from a dealer average less than five
hundred dollars per month, the taxes hereunder shall be due and payable quarterly by the
dealer, and the return required from the dealer for the quarter shall be filed on or before the
twentieth day of the first month of the next succeeding quarter. The secretary shall provide
by regulation for the period and method of determining, under this proviso, the average taxes
due from a dealer. Any dealer who is required to file his sales tax return on a quarterly basis,
as provided above, may file his returns and pay the tax on a monthly basis after first having
received written approval from the secretary to do so. Application to file monthly must be
furnished to the secretary in writing and will set forth complete justification for the shorter
reporting period.
(c) Whenever the taxes due to the state or any single tax collector are from the state
acting as a dealer through any department, agency, board, commission, or other state entity,
the taxes shall be due and payable annually, and the return shall be filed and tax paid on or
before the twentieth day of the month following the end of the state's fiscal year. However,
if the accumulated sales taxes due hereunder to the state or any single tax collector equal or
exceed five hundred dollars by the last day of any calendar month prior to the close of the
state's fiscal year, the taxes shall be due and payable and the return shall be filed and the tax
paid on or before the twentieth day of the calendar month following the calendar month
during which the five hundred dollar threshold is exceeded.
(d) In addition to the provisions of this Section requiring monthly or quarterly filing
of returns, dealers liable for the sales and use taxes of political subdivisions may file letter
returns and remit such political subdivision taxes pursuant to R.S. 33:2720.1.
(2)(a) Gross proceeds from rentals or leases shall be reported and the tax shall be
paid with respect thereto, in accordance with rules and regulations for reporting as
established by the collector following the month in which the payment for the lease or rental
is actually collected by lessor.
(b) Notwithstanding any other provisions of law to the contrary, lessors of property
to be used offshore as provided for in R.S. 47:301(4)(d)(ii) shall not be required to collect
or otherwise pay rental taxes on the gross proceeds from such leases and rentals.
(3)(a) For the purpose of compensating the dealer in accounting for and remitting the
tax levied by this Chapter, each dealer shall be allowed one and five hundredths percent of
the amount of tax due and accounted for and remitted to the secretary in the form of a
deduction in submitting his report and paying the amount due by him, provided the amount
of any credit claimed for taxes already paid to a wholesaler shall not be deducted in
computing the commission allowed the dealer hereunder. The aggregate state compensation
for a dealer who operates one or more business locations within Louisiana shall not exceed
seven hundred fifty dollars per calendar month. This compensation shall be allowed only if
the payment of the dealer is timely paid and the return is timely filed. Notwithstanding any
other provision of law, the calculation of this deduction shall be based only on the taxes
levied pursuant to R.S. 47:302, 321, 331, and R.S. 51:1286. There shall be no compensation
for the taxes accounted for and remitted pursuant to R.S. 47:321.1 or any other sales tax
levied by the state.
(b) Municipalities are hereby authorized to pay compensation to their sales tax
dealers in any amounts designated by the governing body of the municipality.
(4) The collector, for good cause, may extend, for not to exceed thirty days, the time
for making any returns required under the provisions of this Chapter.
(5) For the purpose of collecting and remitting to the state the tax imposed by this
Chapter, the dealer is hereby declared to be the agent of the state.
(6),(7). Repealed by Acts 2024, 3rd Ex. Sess., No. 11, §4, eff. Dec. 4, 2024.
B,C. Repealed by Acts 2007, No. 393, §3, eff. Jan. 1, 2009.
D. Repealed by Acts 2024, 3rd Ex. Sess., No. 11, §4, eff. Dec. 4, 2024.
E. Payment of tax by a licensed vehicle dealer. Notwithstanding any other provision
of law to the contrary, including the provisions of Subsection A of this Section, every vehicle
dealer licensed pursuant to Title 32 of the Louisiana Revised Statutes of 1950 who sells a
vehicle at retail shall remit all taxes collected pursuant to R.S. 47:303(B) no later than forty
days from the date of sale or ten days from receipt by the licensed vehicle dealer of the title
to any vehicle accepted in trade, if the title is received by the dealer in excess of thirty days
from the date of sale provided that the deadline for the submission of taxes cannot be
extended under this provision beyond the ninetieth day from the date of the sale. Any
licensed vehicle dealer claiming under this provision an extension for the remittance of taxes
beyond the fortieth day from the date of vehicle sale shall document, through a means
satisfactory to the vehicle commissioner, the actual date that the dealer received title to the
vehicle accepted in trade. The vehicle commissioner, for good cause shown, may extend the
time for remitting the taxes for these licensed vehicle dealers for a period not to exceed
ninety days and may waive penalties on payment of taxes by a licensed vehicle dealer who
remits the taxes later than forty days.

Legislative History

Acts 1990, No. 388, §1, eff. Aug. 1, 1990; Acts 1991, No. 173, §1, eff. July 2, 1991; Acts 1991, No. 709, §1, eff. July 1, 1991; Acts 1993, No. 893, §1, eff. July 1, 1993; Acts 1994, No. 8, §1, eff. June 7, 1994; Acts 1995, No. 284, §1, eff. July 1, 1995; Acts 1995, No. 1186, §1; Acts 1996, 1st Ex. Sess., No. 32, §1; Acts 1997, No. 787, §1; Acts 1997, No. 1187, §2; Acts 1998, No. 24, §1, eff. June 24, 1998; Acts 1998, No. 50, §1, eff. July 1, 1998; Acts 1998, No. 62, §1, eff. Jan. 1, 1999; Acts 2001, No. 7, §1, eff. July 1, 2001; Acts 2001, No. 68, §1, eff. Jan. 1, 2001; Acts 2001, No. 215, §1, eff. July 1, 2001; Acts 2002, 1st Ex. Sess., No. 98, §1, eff. April 18, 2002; Acts 2002, 1st Ex. Sess., No. 99, §1, eff. April 18, 2002; Acts 2003, No. 43, §1, eff. July 1, 2003; Acts 2006, No. 457, §1, eff. June 15, 2006; Acts 2007, No. 393, §1, eff. Jan. 1, 2008; Acts 2007, No. 393, §§2, 3, eff. Jan. 1, 2009; Acts 2008, No. 707, §1; Acts 2013, No. 425, §1, eff. July 1, 2013; Acts 2014, No. 415, §1; Acts 2016, 1 st Ex. Sess., No. 15, §1, eff. April 1, 2016; Acts 2020 1 st Ex. Sess., No. 27, §1, eff. Aug. 1, 2020; Acts 2024, 3rd Ex. Sess., No. 11, §§2, 4, eff. Dec. 4, 2024.