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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
Regular Session, 2010
SENATE BILL NO. 697
BY SENATOR DORSEY
TAX/AD VALOREM. Creates the Personal Property Tax Amnesty Act of 2010, which
authorizes a taxpayer, beginning August 1, 2010 through November 1, 2010, to file an
amended tax return indicating taxable personal property upon which property tax was not
levied or paid for certain tax periods and to pay the tax without interest. (gov sig)
AN ACT1
To enact the Personal Property Tax Amnesty Act of 2010; to provide for a tax amnesty2
program for delinquent ad valorem property tax owed on personal property; to3
provide for terms and conditions of the program; and to provide for related matters.4
Be it enacted by the Legislature of Louisiana:5
Section 1. This Act shall be known as and may be cited as the "Personal Property Tax6
Amnesty Act of 2010."7
Section 2. A. Definitions. As used in this Act, the following terms have the meaning8
ascribed to them in this Section, except when the context clearly indicates otherwise: 9
(1) "Amended tax return" means any amended list or other tax report or10
return required by an assessor in order to implement the provisions of this Section.11
(2) "Assessor" means either the assessor of the parish to which the personal12
property is subject to taxation or, in the case of public service properties subject to13
assessment by the tax commission, the tax commission.14
(3) "Taxable personal property" shall include movable property and property15
as defined in R.S. 47:1702(3) which is not exempt and which is subject to ad16
valorem property taxation in the state.17 SB NO. 697
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words in boldface type and underscored are additions.
(4) "Tax collector" shall have the same meaning as provided for in R.S.1
47:2051.2
(5) "Taxpayer" means any individual or entity whose personal property is3
subject to ad valorem property taxation in the state.4
B. Beginning August 1, 2010 through November 1, 2010, a taxpayer may file5
with the assessor an amended tax return indicating taxable personal property of the6
taxpayer upon which ad valorem property tax was not levied or was not paid for the7
tax periods from January 1, 2000 through January 1, 2009.8
C. Within sixty days of the filing of the amended tax return, the assessor shall9
review the amended tax return and, if the assessor agrees that tax on such personal10
property is due and was not paid, and if the taxpayer agrees in writing to waive any11
claim or right of appeal or to protest such tax, then the assessor shall provide a12
change order to the tax collector which reflects the revised personal property tax13
assessment for the affected period or periods. Within thirty days of receipt of the14
change order, the tax collector shall issue to the taxpayer a revised tax bill.15
D. Notwithstanding R.S. 47:2127 or any other law to the contrary, if the16
taxpayer pays the amount of ad valorem property tax shown to be due on the revised17
tax bill within thirty days of the date of the bill, no interest shall be due or payable18
on the amount of such tax.19
Section 3. This Act shall become effective upon signature by the governor or, if not20
signed by the governor, upon expiration of the time for bills to become law without signature21
by the governor, as provided by Article III, Section 18 of the Constitution of Louisiana. If22
vetoed by the governor and subsequently approved by the legislature, this Act shall become23
effective on the day following such approval.24
The original instrument and the following digest, which constitutes no part
of the legislative instrument, were prepared by Riley Boudreaux.
DIGEST
Present law requires ad valorem property tax to be paid on "personal property" or "movable
property" which is defined as all things other than real estate which have any pecuniary
value, including all monies, credits, investments in bonds, stocks, franchises, shares in joint
stock companies, or otherwise. SB NO. 697
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
Present constitution, however, exempts all incorporeal movables (i.e. intangible personal
property) of any kind or nature whatsoever, except public service properties, bank stocks,
and credit assessments on premiums written in Louisiana by insurance companies and loan
and finance companies; personal property used in the home or on loan in a public place;
motor vehicles used on the public highways of the state; agricultural products, machinery,
and implements, and animals on the farm; property used for cultural, Mardi Gras carnival,
or civic activities and not operated for profit to the owners; all artwork; coal or lignite
stockpiled in the state; certain boats, vessels, and drilling rigs; and all the property of non-
profits not used for a "commercial purpose."
Present law prohibits back taxes for more than three years to be assessed against "omitted"
property.
Proposed law authorizes a taxpayer, beginning August 1, 2010 through November 1, 2010,
to file with the assessor or tax commission as the case may be an "amended tax return"
indicating taxable personal property of the taxpayer upon which property tax was not levied
or paid for the periods from January 1, 2000 through January 1, 2009.
"Amended tax return" is defined as any amended list or other tax report or return required
by an assessor in order to implement the proposed law.
Requires the assessor or the tax commission to review the amended tax return within 60
days of the filing of the amended tax return, and if the assessor agrees that the tax was due
and was not paid, and if the taxpayer agrees in writing to waive any claim or right of appeal
or to protest such tax, then the assessor must provide a change order to the tax collector who
must issue a revised tax bill within 30 days of receipt.
If the taxpayer pays the amount of property tax shown to be due on the revised tax bill within
30 days of the date of the bill, no interest is due or payable on the amount of the tax.
Effective upon signature of the governor or lapse of time for gubernatorial action.