Louisiana 2010 Regular Session

Louisiana Senate Bill SB567

Introduced
3/29/10  
Refer
3/29/10  
Report Pass
5/17/10  
Engrossed
5/26/10  
Refer
5/27/10  
Report Pass
6/14/10  
Enrolled
6/21/10  
Chaptered
7/8/10  

Caption

Allows a taxpayer who is subject to any collection procedure for local sales tax, or whose request for a refund of such tax has been denied by a collector, to initiate a mandatory, binding, arbitration proceeding. (See Act) (RE SEE FISC NOTE LF EX)

Impact

The legislation modifies several existing statutes related to the collection and administration of local sales taxes. By introducing mandatory arbitration, it offers a new mechanism for taxpayers to resolve disputes efficiently, thereby potentially reducing the burden on the judicial system. Additionally, the bill allows local taxing authorities to grant exemptions and refunds specifically for commercial fishermen, acknowledging the unique challenges faced by this sector. This could lead to increased support for local businesses involved in fishing, enhancing their financial viability.

Summary

Senate Bill 567, introduced in Louisiana, aims to modify the sales and use tax procedures applicable to political subdivisions. The bill establishes a mandatory arbitration process for taxpayers who wish to contest tax collections or seek refunds denied by local collectors. This provision seeks to provide taxpayers with an alternative to lengthy court proceedings by streamlining the process for resolving disputes over local sales tax assessments and refunds.

Sentiment

Overall, the sentiment surrounding SB 567 appears mixed. Proponents argue that the bill enhances the rights of taxpayers and provides a necessary framework for resolving tax disputes without resorting to court, which many view as advantageous. However, concerns have been raised regarding the implications for local governance and whether this shift towards arbitration could undermine the authority of local taxing bodies, creating conflicts between state mandates and local tax collection practices.

Contention

Key points of contention include the question of local autonomy in tax matters and the effectiveness of arbitration as a dispute resolution method. Critics express concern that the bill may dilute local governments' power to manage tax collections, potentially leading to a uniform approach that might not account for the specific needs of different communities. Furthermore, there are questions about the fairness of the arbitration process and whether it truly benefits all taxpayers equally.

Companion Bills

No companion bills found.

Similar Bills

LA HB863

Authorizes and provides for the adjudication of certain state and local tax disputes by the Board of Tax Appeals (EN INCREASE SG EX See Note)

LA SB230

Creates the Tax Court to replace the Louisiana Board of Tax Appeals and expands its jurisdiction to local tax matters. (gov sig)

LA HB256

Requires extension of the deadline to pay local sales taxes when the deadline for payment of the tax falls on certain holidays (EN SEE FISC NOTE LF RV See Note)

LA HB481

Authorizes sheriffs and ex officio tax collectors to employ an agency to assist in the collection of delinquent ad valorem taxes and obligations and provides for the payment of such services on a fee basis (RE INCREASE LF EX See Note)

LA SB123

Provides for notice for seizure and sale of immovable property for nonpayment of taxes. (gov sig) (OR INCREASE LF EX See Note)

LA SB119

Constitutional amendment that provides relative to tax sales. (2/3-CA13s1(A)) (EN SEE FISC NOTE LF RV See Note)

LA HB791

Requires the Department of Revenue to create and manage a technology solution to centralize sales and use tax registration, filing, and remittance (RE INCREASE GF EX See Note)

LA HB978

Provides for administration, disposition, enforcement, and adjudication of state and local taxes under the jurisdiction of the Board of Tax Appeals (EN -$32,000 LF RV See Note)