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Terms Used In Louisiana Revised Statutes 23:1771

  • Commission: means the Louisiana Workforce Commission. See Louisiana Revised Statutes 23:1
  • 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.
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
  • Secretary: means the secretary of the commission. See Louisiana Revised Statutes 23:1

             For the purposes of this Part, the following terms have the meanings ascribed to them:

            (1) “Applicant” means any association, corporation, estate, firm, individual, joint venture, limited liability company, partnership, receiver, syndicate, trust, or any other entity, combination, or group that submits or arranges through a representative for the submission of an application to request a voluntary disclosure agreement for a tax administered by the commission.

            (2) “Application” means a completed application to request a voluntary disclosure agreement and all supplemental information including but not limited to cover letters, schedules, reports, and any other documents that provide evidence of the applicant’s qualification for a voluntary disclosure agreement. Supplemental information requested by the commission and timely provided by the applicant shall be considered part of the application.

            (3) “Application date” means the date a fully completed application requesting a voluntary disclosure agreement is received by the commission. Supplemental information requested by the department and timely provided by the applicant shall not extend or delay the application date.

            (4) “Commission” means the Louisiana Workforce Commission.

            (5) “Look-back period” means a period for which a qualified applicant agrees to disclose and pay the tax and other amounts due. In accordance with the Federal Unemployment Tax Act (FUTA), 26 U.S.C. § 3303(a), the look-back period shall include the entire three-year experience rating period for unemployment taxes for the commission.

            (6) “Penalty” means any specific penalty imposed as a result of the failure of the taxpayer to correctly classify a worker or class of workers, if not otherwise specifically excluded.

            (7) “Secretary” means the secretary of the Louisiana Workforce Commission.

            Acts 2021, No. 297, §1, eff. Jan. 1, 2022; Acts 2022, No. 406, §1.