HLS 12RS-1076 REENGROSSED
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), relative to income tax returns; to provide with respect to2
composite returns of partnerships; to provide for the payment and distribution of3
overpayments; to provide for an effective date; and to provide for related matters.4
Be it enacted by the Legislature of Louisiana:5
Section 1. R.S. 47:201.1(F) is hereby enacted to read as follows: 6
ยง201.1. Composite returns for nonresident partners or members7
* * *8
F. Credits and overpayments claimed on composite returns.9
(1) Notwithstanding the provisions of R.S. 47:1675(F) or any other provision10
of law to the contrary, when a composite return is filed, the nonresident members or11
nonresident partners of the partnership shall claim their respective share of any credit12
earned by the partnership for the applicable tax period in which the credit was13
earned.14
(2) Credits claimed on a composite return shall not be allowed or claimed on15
any other return submitted on behalf of or by a member or partner for the same tax16
period.17
(3) When a composite return reflects an overpayment that is determined to18
be correct by the secretary, the overpayment shall be paid to the partnership that filed19
the composite return.20 HLS 12RS-1076 REENGROSSED
HB NO. 377
Page 2 of 2
CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
(4) The provisions of this Section shall be effective for taxable periods1
beginning on or after January 1, 2013.2
Section 2. This Act shall become effective on June 30, 2012; if vetoed by the3
governor and subsequently approved by the legislature, this Act shall become effective on4
June 30, 2012, or on the day following such approval by the legislature, whichever is later.5
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: Provides for 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 requires the taking 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, in the payment of
overpayments, to make payment to the partnership that filed the composite return which
reflected the overpayment.
Proposed law shall be effective for taxable periods beginning on and after Jan. 1, 2013.
Effective June 30, 2012.
(Adds R.S. 47:201.1(F))
Summary of Amendments Adopted by House
Committee Amendments Proposed by House Committee on Ways and Means to the
original bill.
1. Deleted authority for secretary of the Dept. of Revenue to prescribe alternative
methods for filing, signing, and verifying a tax return.
2. Deleted rulemaking authority.
3. Deleted requirement that a partnership be responsible for distributing any
overpayments among its members.
4. Changed effective date and adds provision that proposed law shall be effective
for taxable periods beginning on and after Jan. 1, 2013.