Louisiana Senate Bill SB211

Louisiana 2020 Regular Session

• Introduced: 2/27/20
• Refer: 2/27/20
• Refer: 3/9/20

Caption

Changes the interest rate on refunds of state tax overpayments. (1/1/21)

Impact

The updates introduced by SB 211 are significant in the landscape of state taxation laws, particularly concerning how the state handles refunds. By increasing the interest rate on refunds, the bill aims to encourage more taxpayers to promptly seek refunds for overpayments rather than allowing such amounts to remain unclaimed. The alteration may also serve to deter taxpayers from overpaying taxes intentionally, as the legislation curtails interest accumulation under specific circumstances, thus bringing clarity and a structured approach to tax refund administration.

Summary

Senate Bill 211 aims to modify the interest rates associated with state tax refunds by aligning the accrual rates with those applicable to unpaid taxes. Specifically, the bill proposes that beginning January 1, 2021, the interest rate on refunds of overpaid state taxes will be set at three percentage points above the judicial interest rate. This change is positioned to enhance the financial return for taxpayers receiving refunds and promote equitable treatment between taxpayers who have overpaid and those with unpaid taxes.

Sentiment

The sentiment surrounding SB 211 appears to be predominantly positive, particularly amongst those advocating for taxpayer rights and fair treatment in financial dealings with the state. Lawmakers supporting the bill argue that it brings much-needed fairness to the state tax system. Critics, however, may express concerns about potential misuse of refunds and the implications of altering interest rates, though the overall dialogue indicates a recognition of the need for reform in tax refund policies.

Contention

Notable points of contention surrounding SB 211 are linked to its implications on state revenues and potential impacts on taxpayer behavior. While the increase in refund interest is framed as a pro-taxpayer initiative, there are discussions about how this may affect the state's cash flow if refunds accumulate interest more quickly. Furthermore, the bill includes provisions preventing interest from accruing if it is proven that a taxpayer deliberately overpaid to obtain interest, which introduces complexity regarding enforcement and interpretation of taxpayer intent.