HLS 12RS-1076 ORIGINAL
Page 1 of 2
CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
Regular Session, 2012
HOUSE BILL NO. 377
BY REPRESENTATIVE ROBIDEAUX
TAX RETURN: Provides relative to credits and overpayments for partnerships filing
composite returns
AN ACT1
To enact R.S. 47:201.1(F) and (G), relative to income tax returns; to provide with respect2
to composite returns of partnerships; to provide for the payment and distribution of3
overpayments; to authorize the secretary of the Department of Revenue to prescribe4
certain procedures related to composite tax returns; to require rulemaking; to provide5
for an effective date; and to provide for related matters.6
Be it enacted by the Legislature of Louisiana:7
Section 1. R.S. 47:201.1(F) and (G) are hereby enacted to read as follows: 8
ยง201.1. Composite returns for nonresident partners or members9
* * *10
F. Credits and overpayments for partnerships filing composite returns.11
When a composite return is filed in accordance with the provisions of this12
Section, the member or members of the partnership may elect to take or list any13
credit earned by the partnership on the composite return for the applicable tax period14
in which the credit was earned. Subsequent to the filing of any such composite15
return, if the composite return reflects an overpayment determined to be correct by16
the secretary, the overpayment shall be paid to the partnership that filed the17
composite return which reflected the overpayment. The partnership shall then be18
responsible for distributing the overpayment among its members in accordance with19
each member's rights.20 HLS 12RS-1076 ORIGINAL
HB NO. 377
Page 2 of 2
CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
G. Alternative methods for filing composite returns.1
The secretary may prescribe alternative methods for filing, signing,2
subscribing or verifying a return, statement, or other document required by this3
Section. The secretary shall promulgate such rules and regulations as are necessary4
to implement the provisions of this Section.5
Section 2. This Act shall become effective upon signature by the governor or, if not6
signed by the governor, upon expiration of the time for bills to become law without signature7
by the governor, as provided by Article III, Section 18 of the Constitution of Louisiana. If8
vetoed by the governor and subsequently approved by the legislature, this Act shall become9
effective on the day following such approval.10
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)]
Robideaux HB No. 377
Abstract: Procedures for composite income tax returns regarding the listing of credits and
the distribution of overpayments for partnerships.
Present law requires each entity treated as a partnership for state income tax purposes to file
composite income tax returns and make composite payments on behalf of its nonresident
partners or members who do not file an individual tax return.
Proposed law retains present law and authorizes the taking or listing of tax credits on the
composite return for the applicable tax period in which the credit was earned.
Proposed law requires the secretary of the Dept. of Revenue (secretary), in the payment of
overpayments, to make payment to the partnership that filed the composite return which
reflected the overpayment. It shall be the partnership's responsibility for distributing the
overpayment among its members in accordance with each member's rights.
Proposed law authorizes the secretary to prescribe alternative methods for filing, signing,
subscribing, or verifying a return, statement, or other document required by present law and
proposed law. Requires the secretary to promulgate rules and regulations as are necessary
to implement the provisions of present law and proposed law.
Effective upon signature of governor or lapse of time for gubernatorial action.
(Adds R.S. 47:201.1(F) and (G))