SLS 14RS-750 ORIGINAL Page 1 of 2 Coding: Words which are struck through are deletions from existing law; words in boldface type and underscored are additions. Regular Session, 2014 SENATE BILL NO. 363 BY SENATOR RISER TAX/TAXATION. Provides for payment of taxes that are not in dispute. (8/1/14) AN ACT1 To amend and reenact R.S. 47:2134(B)(1) and (C)(1), relative to taxes paid under protest;2 to require the taxpayer to submit separate payments for the disputed amount of tax3 due and the amount that is not in dispute; and to provide for related matters.4 Be it enacted by the Legislature of Louisiana:5 Section 1. R.S. 47:2134(B)(1) and (C)(1) are hereby amended and reenacted to read6 as follows:7 ยง2134. Suits to recover taxes paid under protest8 * * *9 B.(1) A taxpayer challenging the correctness of an assessment under either10 R.S. 47:1856, 1857, or 1998 shall timely pay the disputed amount of tax due under11 protest to the officer or officers designated by law for the collection of this tax. The12 portion of the taxes that is paid by the taxpayer to the collecting officer or officers13 that is neither in dispute nor the subject of a suit contesting the correctness of the14 assessment shall not be made subject to the protest. The taxpayer shall submit15 separate payments for the disputed amount of tax due and the amount that is16 not in dispute and not subject to the protest.17 SB NO. 363 SLS 14RS-750 ORIGINAL Page 2 of 2 Coding: Words which are struck through are deletions from existing law; words in boldface type and underscored are additions. * * *1 C.(1) A person resisting the payment of an amount of ad valorem tax due or2 the enforcement of a provision of the ad valorem tax law and thereby intending to3 maintain a legality challenge shall timely pay the disputed amount due under protest4 to the officer or officers designated by law for the collection of the tax and shall give5 such officer or officers, notice at the time of payment of his intention to file suit for6 the recovery of the protested tax. The portion of the taxes that is paid by the7 taxpayer to the collecting officer or officers that is neither in dispute nor the8 subject of a suit contesting the legality of the assessment shall not be made9 subject to the protest. The taxpayer shall submit separate payments for the10 disputed amount of tax due and the amount that is not in dispute and not11 subject to the protest. Upon receipt of a notice, the protested amount shall be12 segregated and held by the collecting officer for a period of thirty days.13 * * *14 The original instrument and the following digest, which constitutes no part of the legislative instrument, were prepared by Laura Gail Sullivan. DIGEST Riser (SB 363) Present law requires a taxpayer challenging the correctness or legality of an assessment to pay timely the disputed amount of tax under protest. Specifies that the portion of the taxes paid that is not in dispute shall not be made subject to the protest. Requires the tax collecting officer to segregate the disputed amount and hold it pending the outcome of the protest. Proposed law retains present law and requires the taxpayer to submit separate payments for the disputed amount of tax paid under protest and the amount that is not in dispute and not subject to the protest. Effective August 1, 2014. (Amends R.S. 47:2134(B)(1) and (C)(1))