§ 47:337.81 — Appeals from the collector's disallowance of refund claim

Louisiana § 47:337.81

• Jurisdiction: Louisiana
• Title 47: Revenue and Taxation

Text

§337.81. Appeals from the collector's disallowance of refund claim
A.(1) If the collector fails to act on a properly filed claim for refund or credit within
one year from the date received by him or by the Louisiana Uniform Local Sales Tax Board
or if the collector denies the claim in whole or in part, the taxpayer claiming such refund or
credit may within thirty days of the notice of disallowance of the claim request a hearing with
the collector for redetermination. The collector shall render a decision within thirty days of
the request by the taxpayer.
(2) The taxpayer may appeal a denial of a claim for refund to the Board of Tax
Appeals, as provided by law. No appeal may be filed before the expiration of one year from
the date of filing such claim unless the collector renders a decision thereon within that time,
nor after the expiration of ninety days from the date of mailing by certified or registered mail
by the collector to the taxpayer of a notice of the disallowance of the part of the claim to
which the appeal relates, nor after the expiration of one hundred eighty days from the end of
the expiration of the one year in which the collector failed to act.
(3) A taxpayer's proper appeal to the Board of Tax Appeals filed within ninety days
from the date on any notice of disallowance issued shall also establish that the appeal was
filed within ninety days from the date of the certified or registered mailing of the notice.
B. (1) A notice of disallowance, if issued, shall inform the taxpayer that he has
ninety days from the date of the certified or registered mailing of that notice to appeal to the
Board of Tax Appeals and that any consideration, reconsideration, or action by the collector
with respect to the claim following the mailing of a notice by certified or registered mail of
disallowance shall not operate to extend the period within which an appeal may be taken.
(2) The failure to transmit this notice does not extend the separate and distinct
prescriptive period that runs following one year of inaction by the collector.
C. In answering any such appeal, the collector is authorized to assert a demand for
any tax and additions thereto that he may deem is due for the period involved in the claim
for refund or credit, and the Board of Tax Appeals shall have jurisdiction to determine the
correct amount of tax for the period in controversy, and to render judgment ordering the
refund or crediting of any overpayment or ordering the payment of any additional tax,
interest, penalty, attorney fees, and other amounts found to be due.
NOTE: See Acts 2015, No. 210, §4, re: retroactivity of certain provisions.

Legislative History

Acts 2003, No. 73, §1, eff. July 1, 2003; Acts 2010, No. 1003, §2, eff. Jan. 1, 2011; Acts 2014, No. 640, §2, eff. June 12, 2014; Acts 2015, No. 210, §1, eff. June 23, 2015; Acts 2017, No. 274, §2, eff. June 16, 2017.