HLS 10RS-1831 ORIGINAL
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
Regular Session, 2010
HOUSE BILL NO. 1340
BY REPRESENTATIVE DOVE
REVENUE DEPARTMENT: Requires the secretary of the Dept. of Revenue to pay interest
on certain tax refunds or credits no later than Sept. 1, 2010
AN ACT1
To enact R.S. 47:1624(C), relative to refunds or credits; to provide relative to the2
requirement that the department pay interest on certain refunds or credits; to provide3
for a deadline for the payment of interest on certain refunds or credits; and to provide4
for related matters.5
Be it enacted by the Legislature of Louisiana:6
Section 1. R.S. 47:1624(C) is hereby enacted to read as follows: 7
ยง1624. Interest on refunds or credits8
* * *9
C. The secretary of the Department of Revenue shall, by September 1, 2010,10
pay any interest due and owing pursuant to the provisions of Subsection A of this11
Section for all refunds or credits filed by the taxpayer since January 1, 1994.12
Section 2. This Act shall become effective upon signature by the governor or, if not13
signed by the governor, upon expiration of the time for bills to become law without signature14
by the governor, as provided by Article III, Section 18 of the Constitution of Louisiana. If15
vetoed by the governor and subsequently approved by the legislature, this Act shall become16
effective on the day following such approval.17 HLS 10RS-1831 ORIGINAL
HB NO. 1340
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
DIGEST
The digest printed below was prepared by House Legislative Services. It constitutes no part
of the legislative instrument. The keyword, one-liner, abstract, and digest do not constitute
part of the law or proof or indicia of legislative intent. [R.S. 1:13(B) and 24:177(E)]
Dove HB No. 1340
Abstract: Requires the Dept. of Revenue to pay, no later than Sept. 1, 2010, interest
properly due and owning on tax refunds or credits filed by taxpayers from Jan. 1,
1994.
Present law provides that on all refunds or credits, the secretary shall compute and allow as
part of the refund or credit, interest at the annual rate established in accordance with present
law from the date the return was due, the date the first return for that tax period was filed,
or the date the tax was paid, whichever is later. Prohibits interest on refunds or credits if the
secretary proves by clear and convincing evidence that a person has deliberately overpaid
a tax in order to derive the benefit of the interest.
Present law requires payments of interest authorized by present law to be made from funds
derived from current collections of the tax to be refunded or credited.
Proposed law retains present law but adds the requirement that the department pay interest
computed and allowed according to the provisions of present law for all refunds or credits
filed by taxpayers since Jan. 1, 1994, properly due and owning, no later than Sept. 1, 2010.
Effective upon signature of governor or lapse of time for gubernatorial action.
(Adds R.S. 47:1624(C))