Louisiana Revised Statutes 47:337.101 – Procedures to seek uniformity of interpretation of common or local sales tax law
Terms Used In Louisiana Revised Statutes 47:337.101
- Board: means the Louisiana Uniform Local Sales Tax Board as defined in Louisiana Revised Statutes 47:337.92
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- regulation: means each statement, guide, or requirement for conduct or action of local taxing authorities concerning provisions of sales and use tax law or its administration that is applicable only to such authorities and which is not a "common sales tax law" as defined in Louisiana Revised Statutes 47:337.92
A.(1) Any taxpayer who has reason to believe that a collector is attempting or will attempt to collect a sales or use tax, or any penalty or interest, or any collector who has reason to believe that a taxpayer is attempting or will attempt to resist such collection, under a rule, regulation, policy, or interpretation of sales and use tax law, ordinance, rules, or regulations, the interpretation of which violates the requirement of uniformity of interpretation provided for in La. Rev. Stat. 47:337.2(A) and (D), 337.4(C), 337.87(A), and 337.91, may proceed as provided for in this Section. “Rule, regulation, policy, or interpretation of sales and use tax law, ordinance, rules, or regulations” means any provision of “common sales tax law” as defined in La. Rev. Stat. 47:337.2(C)(1)(b) or a provision of law that is applicable to only local taxing authorities, any ordinance pertaining to sales and use tax, or any rule or regulation issued pursuant to La. Rev. Stat. 47:337.2(C) or Part H of this Chapter.
(2) Such taxpayer or collector may proceed to seek uniformity of interpretation of a rule, regulation, policy or interpretation of sales and use tax laws, ordinances, rules, or regulations in accordance with any remedy available under applicable law, including the following procedures:
(a) A rule to seek uniformity of interpretation of common sales tax law or local sales tax law in any court of competent jurisdiction, or in the Board of Tax Appeals.
(b) A declaratory judgment to seek uniformity of interpretation of common sales tax law or local sales tax law in any court of competent jurisdiction.
(c) Repealed by Acts 2014, No. 640, §4, eff. June 12, 2014.
B, C. Repealed by Acts 2014, No. 640, §4, eff. June 12, 2014.
Acts 2008, No. 762, §1, eff. July 6, 2008; Acts 2014, No. 640, §§2, 4, eff. June 12, 2014.