Louisiana Revised Statutes 47:287.682 – Collection from transferee or fiduciary; procedure
Terms Used In Louisiana Revised Statutes 47:287.682
- Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
- Donee: The recipient of a gift.
- Fiduciary: A trustee, executor, or administrator.
- Legatee: A beneficiary of a decedent
- person: includes a body of persons, whether incorporated or not. See Louisiana Revised Statutes 1:10
A. The liability, at law or in equity, of a transferee of property of a taxpayer, in respect of the tax, including interest, additional amounts, and additions to the tax provided by law, imposed upon the taxpayer by this Part, shall be assessed, collected, and paid in the same manner and subject to the same provisions and limitations as in the case of the collection directly from the taxpayer.
B. In the absence of notice to the secretary under La. Rev. Stat. 47:287.683(B), the existence of a fiduciary relationship, notice of liability enforceable under this Section in respect of a tax imposed by this Part, if mailed to the person subject to the liability at his last known address, shall be sufficient for the purpose of this Part, even if such person is deceased or is under legal disability, or in the case of a corporation, has terminated its existence.
C. As used in this Section, the term “transferee” includes donee, heir, legatee, devisee, distributee, shareholder, or former shareholder of a dissolved corporation, successor of a corporation, a party to a reorganization defined in I.R.C. Section 368, and all other classes of distributees, including the transferee of a transferee.
Acts 1986, 1st Ex. Sess., No. 16, §1, eff. Dec. 24, 1986.