This text of Louisiana § 47:337.80 (Interest on refunds or credits) is published on Counsel Stack Legal Research, covering Louisiana primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
§337.80. Interest on refunds or credits
A. Each collector shall compute on all refunds or credits and allow interest as part
of the refund or credit as follows:
(1)From date of payment of the taxes, but prior to submission by the taxpayer of a
claim for refund, interest shall be computed at a rate of not less than two percent per annum.
(2)From date of submission by the taxpayer of a claim for refund, or from payment
under protest, or from the date that the taxpayer gave the political subdivision notice of the
taxpayer's intention to file suit for the recovery of any taxes paid, interest shall be at the
average prime or reference rate as computed by the commissioner of financial institutions
pursuant to R.S. 13:4202(B), per year, but without the addition of one percentage point to the
av
Free access — add to your briefcase to read the full text and ask questions with AI
§337.80. Interest on refunds or credits
A. Each collector shall compute on all refunds or credits and allow interest as part
of the refund or credit as follows:
(1) From date of payment of the taxes, but prior to submission by the taxpayer of a
claim for refund, interest shall be computed at a rate of not less than two percent per annum.
(2) From date of submission by the taxpayer of a claim for refund, or from payment
under protest, or from the date that the taxpayer gave the political subdivision notice of the
taxpayer's intention to file suit for the recovery of any taxes paid, interest shall be at the
average prime or reference rate as computed by the commissioner of financial institutions
pursuant to R.S. 13:4202(B), per year, but without the addition of one percentage point to the
average prime or reference rate and without regard to the limitations contained in R.S.
13:4202(B).
(3) The interest rate provided for in Paragraph (2) of this Subsection shall not be
applicable for a sixty-day period from the date the taxpayer makes a claim for refund, if a
refund is the result of the taxpayer's administrative error; however, the interest for this sixty-day period shall be computed under the provisions of Paragraph (1) of this Subsection.
(4)(a) Beginning January 1, 2021, notwithstanding Paragraphs (1), (2), and (3) of this
Subsection or any other provision of law to the contrary, on all refunds or credits the
collector shall compute and allow as part of the refund or credit, interest from ninety days
after the later of the due date of the return, the date that the taxpayer gave the political
subdivision notice of the taxpayer's intention to file suit for the recovery of any taxes paid,
the filing date of the return or claim for refund on which the overpayment is claimed, or the
date the tax was paid.
(b)(i) Interest shall be at the average prime or reference rate as computed by the
commissioner of financial institutions pursuant to R.S. 13:4202(B), per year, but without the
addition of one percentage point to the average prime or reference rate and without regard
to the limitations contained in R.S. 13:4202(B).
(ii) Notwithstanding any provision of law to the contrary, for all taxes that become
due on or after January 1, 2023, interest shall be computed at the same rate established for
tax obligations pursuant to R.S. 47:337.69(C).
(c) An overpayment shall bear no interest if it is credited to the taxpayer's account.
(d) For purposes of this Section, a claim for refund shall be submitted in the form
and with the documentation provided for by rules promulgated by the Louisiana Uniform
Local Sales Tax Board, pursuant to R.S. 47:337.102(C)(2).
B. No interest on refunds shall be allowed if it is determined that a taxpayer has
deliberately overpaid a tax in order to derive the benefit of the interest allowed by this
Section or if a taxpayer has not entered into an agreement to abide authorized by R.S.
47:337.63(D)(2) and the same principle of law is involved. Payments of interest authorized
by this Section shall be made from funds derived from current collections of the tax to be
refunded.
C. As of the date a person files a petition for relief under the uniform bankruptcy
laws of the United States as provided in Title 11 U.S.C. 101 et seq., no interest shall be
allowed to accrue as a part of any refund or credit which relates to a pre-petition tax period.
D. The accrual of interest shall be suspended during any period of time that a delay
in the issuance of a refund is attributable to the taxpayer's failure to provide information or
documentation required by statute or regulation.