Louisiana Revised Statutes 47:287.614 – Time and place for filing returns; information concerning federal return; extension of time to file
Terms Used In Louisiana Revised Statutes 47:287.614
- 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.
- Fiscal year: The fiscal year is the accounting period for the government. For the federal government, this begins on October 1 and ends on September 30. The fiscal year is designated by the calendar year in which it ends; for example, fiscal year 2006 begins on October 1, 2005 and ends on September 30, 2006.
- Fiscal year: means an accounting period of twelve months ending on the last day of any month other than December. See Louisiana Revised Statutes 47:98
- Joint committee: Committees including membership from both houses of teh legislature. Joint committees are usually established with narrow jurisdictions and normally lack authority to report legislation.
- Taxable year: includes , in the case of a return made for a fractional part of a year under the provisions of this Chapter or under regulations prescribed by the collector, the period for which return is made. See Louisiana Revised Statutes 47:98
A.(1) Returns made on the basis of the calendar year shall be made and filed with the secretary at Baton Rouge, Louisiana, on or before the fifteenth day of May following the close of the calendar year. Returns made on the basis of a fiscal year shall be made and filed on or before the fifteenth day of the fifth month following the close of the fiscal year with the secretary at Baton Rouge, Louisiana.
(2) Notwithstanding the provisions of Paragraph (1) of this Subsection, returns of organizations described in I.R.C. Section 501 made on the basis of the calendar year shall be made and filed with the secretary at Baton Rouge, Louisiana, on or before the fifteenth day of June following the close of the calendar year. Returns made on the basis of a fiscal year shall be made and filed on or before the fifteenth day of the sixth month following the close of the fiscal year with the secretary at Baton Rouge, Louisiana.
B. A taxpayer shall disclose on its Louisiana income tax return the amount of taxable income reported on its federal income tax return for the same taxable year and, when requested by the secretary, shall furnish a true and correct duplicate of its federal income tax return, statement, or report for the same taxable year.
C.(1) Any corporation whose federal income tax return is adjusted by the Internal Revenue Service shall file an amended return within one hundred eighty days of the final determination of such adjustments from the Internal Revenue Service.
(2) For purposes of this Subsection, “final determination” shall mean any of the following:
(a) The taxpayer’s execution of federal Form 870, or its equivalent, agreeing to the final and complete disposition of all deficiencies or overassessments. If the agreement is subject to final approval by the Internal Revenue Service, the Joint Committee on Taxation, or the United States Department of Justice, the agreement shall be considered final when the taxpayer receives a copy of the agreement executed by the government.
(b) The expiration of the statutory time period to petition the United States Tax Court for a redetermination of the notice of deficiency.
(c) The execution of a signed closing agreement between the taxpayer and the Internal Revenue Service pursuant to Section 7121 of the Internal Revenue Code, that results in a final determination of all items in a completed federal audit.
(d) The issuance of a final, nonappealable decision of the United States Tax Court, the United States Court of Federal Claims, a United States district court, or a United States court of appeals; a decision of the Supreme Court of the United States; or any of these courts’ approval of a stipulation disposing of the case.
(e) The filing by the taxpayer of an amended federal income tax return that changes state taxable income or state tax attributes.
(3) Unless otherwise agreed in writing by the taxpayer and the secretary, adjustments by the department or by the taxpayer after the expiration of the applicable prescriptive period are limited to adjustments to the taxpayer’s tax liability arising from adjustments to the taxpayer’s federal taxable income.
D.(1) The secretary may grant a reasonable extension of time for filing returns, not to exceed six months from the date the Louisiana income tax return is due or the extended due date of the federal income tax return, whichever is later.
(2) The secretary may accept a photocopy or duplicate original of the taxpayer’s:
(a) Federal application for an extension of time to file, or
(b) Application for an automatic extension of time to file a federal return.
(3) The secretary may grant an extension of time to file a Louisiana income tax return for a specific taxable period if the taxpayer has received an automatic extension of time to file a federal income tax return for that taxable period. The method for taxpayer notification of the secretary that an automatic federal extension was obtained shall be established by rule. The secretary may otherwise provide for the automatic extension of time to file a corporation return not to exceed six months, or the extended due date of the federal income tax return, whichever is later.
(4) For taxable periods beginning on or after January 1, 2022, the secretary shall grant an extension of the time to file a Louisiana income tax return provided that the taxpayer timely requested an extension from the Internal Revenue Service to file the federal return for the same period. This extension of time to file shall not exceed six months or the extended due date of the federal income tax return, whichever is later.
(5) All filing extensions provided pursuant to this Subsection are conditioned upon the filing of the required return within the extension time period. If the required return is not filed within the extension time period, there shall be no extension and any delinquent filing penalty shall be computed from the original due date of the return.
E. Should the day required for filing returns fall on Saturday, Sunday, or a legal holiday, the return shall be made and filed on the next business day. This Subsection is applicable to the filing dates required by Subsection A and filing dates extended pursuant to Subsection D.
Acts 1986, 1st Ex. Sess., No. 16, §1, eff. Dec. 24, 1986; Acts 1987, No. 136, §1, eff. June 18, 1987; Acts 2001, No. 1032, §15; Acts 2010, No. 214, §1; Acts 2014, No. 198, §1, eff. July 1, 2014; Acts 2016, No. 661, §1, eff. June 17, 2016; Acts 2020, No. 234, §1, eff. Jan. 1, 2021; Acts 2021, No. 287, §1, eff. June 14, 2021; Acts 2022, No. 410, §1.
{{NOTE: See Acts 1987, No. 136, §2.}}
NOTE: See Acts 2016, No. 661, §3, regarding applicability.