Louisiana House Bill HB419

Louisiana 2012 Regular Session

• Introduced: 3/12/12
• Refer: 3/12/12

Caption

Prohibits the suspension or interruption of prescription for certain taxes, licenses, interest, and penalties under certain circumstances

Impact

The bill is expected to have a significant impact on state laws concerning tax administration. By mandating that collectors of taxes furnish evidence before suspending the prescription periods, the bill introduces more transparency and accountability in the tax collection process. Currently, the law allows for the interruption of prescription periods in various circumstances, but opponents of the current system argue that this can lead to abuse. The proposed change could therefore potentially reduce instances of tax revenue collection that do not conform to established legal obligations.

Summary

House Bill 419 aims to modify the current framework governing the suspension or interruption of the prescription period for certain taxes, licenses, interest, and penalties levied by the state and its political subdivisions. Under this proposed legislation, the prescription period will not be allowed to be suspended or interrupted unless the entity collecting the tax provides specific evidence of an event or transaction. This evidence must demonstrate that it is compatible with imposing an obligation on the taxpayer to file a return. This change is intended to add an extra layer of protection for taxpayers against arbitrary collection practices.

Sentiment

The sentiment surrounding HB 419 appears divided among legislators and stakeholders. Supporters of the bill argue that it serves to protect taxpayers from overreach by tax authorities, thereby promoting fair practices in tax collection. On the other side, some critics assert that the new requirements could delay necessary tax revenues and complicate the administrative processes for tax organizations, leading to unintended negative consequences on state funding.

Contention

Key points of contention include concerns about the balance between taxpayer protection and the efficiency of tax collection. Some lawmakers worry that requiring evidence for every tax collection may slow down the process and inhibit the state’s ability to manage its tax revenue smoothly. Others fear that it could lead to conflicts between local governments and state tax authorities regarding compliance and operational standards, creating a patchwork of interpretations that complicate taxation across jurisdictions.