Current through Register Vol. 50, No. 9, September 20, 2024
A. An individual's
hunting and fishing licenses will be suspended, revoked, or denied if the
Department of Revenue has a final and nonappealable individual income tax
assessment or judgment against the individual in excess of $500 exclusive of
penalty, interest, costs, and other charges.
B. Exceptions
1. If the taxpayer has filed for bankruptcy,
then the provisions of this regulation will not apply.
2. An assessment or judgment will not be
considered final and nonappealable for purposes of this regulation if, for the
applicable tax period:
a. the taxpayer is in
litigation with the department;
b.
the taxpayer is being audited by the department; or
c. correspondence is pending.
C. Responsibilities
1. The Department of Revenue is responsible
for the following:
a. properly identifying the
affected taxpayer;
b. accurately
notifying the Department of Wildlife and Fisheries of the taxpayer's identity;
and
c. timely notifying the
Department of Wildlife and Fisheries if the taxpayer pays the assessment or
judgment and regains eligibility for a hunting or fishing license.
2. The Department of Wildlife and
Fisheries is responsible for the following:
a. suspending, revoking or denying hunting
and fishing licenses once notified of a taxpayer's identity by the Department
of Revenue; and
b. issuing or
re-issuing hunting and fishing licenses to taxpayers who have paid their tax
debts once notified of this fact by the Department of Revenue.
D. Taxpayer
Notification
1. Before the notice of hunting
and fishing licenses suspension, revocation, or denial is sent to the
Department of Wildlife and Fisheries, the taxpayer will be mailed written
notice.
2. The notice will inform
the taxpayer that his hunting and fishing licenses will be suspended, revoked,
or issuance denied until full payment of the final and nonappealable assessment
or judgment is made or until the taxpayer enters into an installment agreement
with the Department of Revenue.
3.
The notice will be mailed to the address on record and it will be presumed that
the taxpayer has received the notice if it is not returned as
"Undeliverable."
4. If a taxpayer
defaults on a department authorized installment payment plan, no further notice
of suspension, revocation, or denial of the issuance of the taxpayer's hunting
and fishing licenses will be required.
E. Notification to the Department of Wildlife
and Fisheries
1. The Department of Revenue
will notify the Department of Wildlife and Fisheries of the name, Social
Security number, and address of the taxpayer for whom the hunting and fishing
licenses are required to be suspended, revoked, or issuance denied.
2. The suspension and revocation will remain
in effect until the Department of Wildlife and Fisheries is notified otherwise
by the Department of Revenue.
3.
The Department of Revenue will notify the Department of Wildlife and Fisheries
of the name, Social Security number, and address of the taxpayer for whom the
hunting and fishing licenses are to be issued or re-issued.
4. Notifications may be by secured electronic
transmission or by magnetic tapes, cartridges, or other electronic
media.
5. Notifications will be
made weekly unless circumstances warrant a more frequent time schedule, such as
the circumstances described in Subsection E.
F. If the taxpayer pays the assessment or
judgment in person, notice will be given to the Department of Wildlife and
Fisheries to remove the suspension, revocation, or denial of the taxpayer's
hunting and fishing licenses from their records. Notice to the Department of
Wildlife and Fisheries will be effected as follows:
1. Department of Revenue personnel may fax a
clearance to the Department of Wildlife and Fisheries indicating that the
assessment or judgment has been paid; or
2. a letter from the secretary or the
secretary's designee indicating that the assessment or judgment has been paid
may be issued to the taxpayer for presentation to the Department of Wildlife
and Fisheries.
AUTHORITY NOTE:
Promulgated in accordance with
R.S.
47:296.3 and
1511.