Current through Register Vol. 50, No. 9, September 20, 2024
A. A tax lien shall be filed on liabilities
when the tax due involves a jeopardy assessment pursuant to
R.S.
47:1566.
B. A tax lien may be filed on liabilities
when any of the following conditions exist:
1. when liabilities reach warrant for
distraint status;
2. information is
received indicating the taxpayer is on the verge of bankruptcy;
3. a corporation is in the process of
dissolving or withdrawing from the state;
4. the filing history of the taxpayer
indicates an effort to avoid the payment of taxes;
5. information indicates that the taxpayer is
in the process of selling movable or immovable property;
6. warrants are determined currently not
collectible; or
7. a formal
installment agreement has been negotiated with the taxpayer.
C. The secretary may authorize the
release of a lien subject to the following terms and conditions:
1. when the tax, penalty, fees, or interest
secured by a recorded lien have been paid;
2. when the taxpayer executes a surety bond
in favor of the secretary in an amount not less than one and one-half times the
amount of the obligation due, including penalties, interest, and other costs
incurred. The surety bond must be issued by a surety company qualified to do
business in Louisiana;
3. when the
lien on the taxpayer's remaining real property is valued at not less than the
amount of the remaining tax obligation, including all penalties, interest, and
other costs incurred, plus the amount of all prior liens on the remaining
property;
4. when the amount paid
to the secretary in partial satisfaction of the liability is not less than the
value of the interest of the state of Louisiana in the part of the property to
be released or the secretary determines that the interest of the state of
Louisiana in the part to be released has no value.
D. The secretary with the approval of two
assistant secretaries may compromise any judgments for taxes of $500,000 or
less exclusive of interest and penalty, including assessments for such amounts
that are equivalent to judgments, when any of the following conditions exist:
1. there is serious doubt as to the
collectibility of the outstanding judgment;
2. there is serious doubt as to the
taxpayer's liability for the outstanding judgment;
3. the administration and collection costs
involved would exceed the amount of the outstanding liability.
E. The secretary may, upon making
a record of his reasons, waive, reduce, or compromise individual income tax,
penalties, interest, or other amounts.
F. Offers in Compromise
1. A taxpayer may have only one offer in
compromise approved in a 10-year period. If an offer in compromise is approved,
the secretary shall not consider or accept any other application for an offer
in compromise from the taxpayer until the expiration of the 10-year period.
2. Each application for an offer
in compromise shall be made on a form and in the manner prescribed by the
secretary. A nonrefundable application fee of $186 payable to Louisiana
Department of Revenue shall be submitted with each application. The application
fee shall not be applied to the tax liability.
3. A nonrefundable initial payment of 20
percent of the amount offered must be submitted with the offer in compromise
application. This payment shall be applied to the tax liability.
4. The secretary shall keep a record of all
such offers in compromise which shall be open to public inspection and,
notwithstanding the provisions of
R.S.
47:1508 and 1508.1, shall be published in the
departments annual report.
G. The department shall assess a fee against
the taxpayer for the filing of a tax lien and the cancellation of a lien. The
amount of the fee to be assessed against the taxpayer shall be determined
according to the amount charged the department by the parish in which the lien
is filed. In the event a lien is filed in more than one parish for the same
taxes, each lien shall be treated separately and the total charges per parish
for the liens shall be assessed against the taxpayer.
AUTHORITY NOTE:
Promulgated in accordance with
R.S.
47:295,
R.S.
47:1511,
R.S.
47:1577, and
R.S.
47:1578.
