HLS 12RS-315 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. 606 BY REPRESENTATIVE ARNOLD TAX/PROPERTY: Provides relative to the cancellation of an assessment for a closed, inactive business AN ACT1 To amend and reenact R.S. 47:1991(A), relative to ad valorem property tax assessments; to2 provide relative to the cancellation of certain assessments; and to provide for related3 matters.4 Be it enacted by the Legislature of Louisiana:5 Section 1. R.S. 47:1991(A) is hereby amended and reenacted to read as follows: 6 ยง1991. Cancellation of erroneous or double assessments 7 A.(1) Upon a statement of the facts made under oath, verified and approved8 by the assessor of the parish or district in which the property is situated, that the9 assessment is a clerical error, or an erroneous or double assessment, or that the10 property is exempt by the Louisiana Constitution from taxation, the affidavit being11 accompanied by the rendition made by the taxpayer on such property for the current12 year, where the affidavit explains the clerical error; shows in detail the erroneous13 assessment; and shows the assessment number in the double assessment; the Tax14 Commission shall authorize and direct the collector to correct the assessment on the15 roll on file in his office. Additionally when such notification is issued, the Tax16 Commission shall authorize and direct the recorder of mortgages to change the17 inscription of the tax mortgage.18 (2) When the cancellation of an assessment is related to an assessment for19 a closed business and the owner cannot be located by the assessor and the business20 HLS 12RS-315 ORIGINAL HB NO. 606 Page 2 of 2 CODING: Words in struck through type are deletions from existing law; words underscored are additions. is classified as inactive on the Louisiana Secretary of State Corporation Database,1 the affidavit required pursuant to the provisions of Paragraph (1) of this Subsection2 shall state that the cancellation of the assessment relates to a closed business which3 is classified as inactive and that the owner of the business cannot be located. The4 affidavit of the assessor need not be accompanied by the rendition of the taxpayer5 required in Paragraph (1) of this Subsection in order for the Tax Commission to6 authorize and direct a correction to the assessment on the tax roll.7 * * *8 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)] Arnold HB No. 606 Abstract: Provides relative to the cancellation of an assessment for a closed, inactive business. Present law provides relative to the requirements and procedures for cancelling an assessment which is erroneous, a double assessment, or the property is exempt from taxation. Further provides that the Tax Commission shall authorize and direct the collector to correct the assessment on the roll on file in the collector's office, and when such notification is issued, the Tax Commission shall authorize and direct the recorder of mortgages to change the inscription of the tax mortgage. Proposed law retains present law but provides that when the cancellation of an assessment is related to an assessment for a closed business and the owner cannot be located by the assessor and the business is classified as inactive, the affidavit required pursuant to the provisions of present law shall state that the cancellation of the assessment relates to a closed, inactive business and that the owner of the business cannot be located. Further exempts these assessment cancellations from the requirement that the affidavit of the assessor be accompanied by the rendition of the taxpayer as required in present law in order for the Tax Commission to authorize and direct a correction to the assessment on the tax roll. (Amends R.S. 47:1991(A))