Current through Register Vol. 50, No. 3, March 20, 2024
A. Taxpayers filing individual or corporate
income or sales and use tax returns may designate all or any portion of a
refund, credit, or vendor's compensation as a donation, or may donate an amount
greater than the tax or refund due to the Louisiana Military Family Assistance
Fund (Fund) at the time that the tax returns are submitted to the Department of
Revenue.
1. For corporate and individual
income tax, returns for tax periods beginning on or after January 1, 2005, may
include a designated donation.
2.
For sales and use tax, returns for tax periods beginning on or after January 1,
2006, may include a designated donation.
B. To make a donation to the fund, the
taxpayer must comply with all of the requirements for proper payment of the tax
due including filing a correct return and paying all taxes, interest, and
penalties due.
1. The taxpayer must properly
designate the amount of the donation intended on the tax return form.
2. The taxpayer may donate all or a portion
of any refund, credit, or vendor's compensation to the fund by designating the
amount to be donated on the appropriate line of the return.
3. The taxpayer may contribute additional
amounts to the fund by increasing the amount of the payment made for taxes,
interest, and penalties due and designating the amount to be donated on the
appropriate line of the return. Any additional donation must accompany the
return. Donations not accompanying the filing of a return will be
returned.
4. Once a taxpayer has
made the election to donate, the taxpayer may not change the donation amount
after the tax return has been filed.
C. Adjustments to Donation Amounts
1. Donation of Vendor's Compensation or
Overpayments
a. If a taxpayer elects to donate
all or any portion of an expected overpayment and the amount of the overpayment
is reduced because of return errors or disallowance of vendor's compensation,
the donation amount will be reduced accordingly.
b. If a taxpayer elects to donate all or any
portion of their vendor's compensation or an expected overpayment and the
taxpayer has other outstanding liabilities for other taxes or tax periods, the
overpayment will first be applied to the outstanding tax liabilities and the
donation amount will be reduced accordingly.
c. If a taxpayer elects to donate all or any
portion of their vendor's compensation or an expected overpayment and the
taxpayer is subject to other offsets, garnishments, liens, or seizures, the
overpayment will first be applied to those legal responsibilities and the
donation amount will be reduced accordingly.
2. Additional Donations. If a taxpayer elects
to contribute additional amounts by increasing the amount of the tax return
payment and the amount due on the return is increased because of return errors
or disallowance of vendor's compensation or the taxpayer fails to pay in full
the amount shown due on the return, the taxes due will not be considered
properly paid as required by §1101. B and the donation amount will be reduced
accordingly.
3. Taxpayers will be
notified of any donation adjustments.
4. The department will not seek to collect
amounts designated as a donation by the taxpayer if the donation amount is
adjusted as provided by §1101. C.1-2.
AUTHORITY NOTE: Adopted
in accordance with
R.S.
47:120.31, 297.5, 306.2 and
1511.
