Louisiana Revised Statutes 47:1998 – A.(1)(a) Any taxpayer or bona fide representative of an affected tax-recipient body in the state dissatisfied with the final determination of the Louisiana Tax Commission under the p
Terms Used In Louisiana Revised Statutes 47:1998
- Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
- Chambers: A judge's office.
- Docket: A log containing brief entries of court proceedings.
- Escrow: Money given to a third party to be held for payment until certain conditions are met.
- 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.
- Lawsuit: A legal action started by a plaintiff against a defendant based on a complaint that the defendant failed to perform a legal duty, resulting in harm to the plaintiff.
- Plea: In a criminal case, the defendant's statement pleading "guilty" or "not guilty" in answer to the charges, a declaration made in open court.
- Property: includes every form, character and kind of property, real, personal, and mixed, tangible and intangible, corporeal and incorporeal, and every share, right, title or interest therein or thereto, and every right, privilege, franchise, patent, copyright, trade-mark, certificate, or other evidence of ownership or interest; bonds, notes, judgments, credits, accounts, or other evidence of indebtedness, and every other thing of value, in possession, on hand, or under the control, at any time during the calendar year for which taxes are levied, within the State of Louisiana, of any person, firm, partnership, association of persons, or corporation, foreign or domestic whether the same be held, possessed, or controlled, as owner, agent, pledgee, mortgagee, or legal representative, or as president, cashier, treasurer, liquidator, assignee, master, superintendent, manager, sequestrator, receiver, trustee, stakeholder, depository, warehouseman, keeper, curator, executor, administrator, legatee, heir, beneficiary, parent, attorney, usufructuary, mandatary, fiduciary, or other capacity, whether the owner be known or unknown; except in the cases of fire, life, or other insurance companies, the notes, judgments, accounts, and credits of nonresident persons, firms, corporations, partnerships, associations, or companies doing business in the State of Louisiana, originating from the business done in this state, are hereby declared to be property with its situs within this state. See Louisiana Revised Statutes 47:1702
- Service of process: The service of writs or summonses to the appropriate party.
- Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
- Writ of certiorari: An order issued by the Supreme Court directing the lower court to transmit records for a case for which it will hear on appeal.
A.(1)(a) Any taxpayer or bona fide representative of an affected tax-recipient body in the state dissatisfied with the final determination of the Louisiana Tax Commission under the provisions of La. Rev. Stat. 47:1989 shall have the right to institute suit within thirty days of the entry of any final decision of the Louisiana Tax Commission in the district court for the parish where the Louisiana Tax Commission is domiciled or the district court of the parish where the property is located for review of the correctness of an assessment by an assessor. Any taxpayer who owns property assessed in more than one parish may institute this suit in either the district court for the parish where the tax commission is domiciled or the district court of any one of the parishes in which the property is located and assessed, provided at least twenty-five percent of the parishes where the property is located are named in the suit. However, if at least twenty-five percent of the parishes are not named in the suit, then suit shall be filed in the parish where the property is located.
(b)(i) The proceedings in the suit shall be heard pursuant to La. Rev. Stat. 49:978.1 and by preference at the time fixed by the district court or the Board of Tax Appeals. No new trial or rehearing shall be allowed.
(ii) Any appeal from a judgment of the district court shall be heard by preference within sixty days of the lodging of the record in the court of appeal. The appeal shall be taken thirty days from the date the judgment of the district court is rendered. If such appeal is timely filed, any amount of taxes that were paid under protest pursuant to La. Rev. Stat. 47:1856(E) shall remain segregated and invested pursuant to that Subsection and no bond or other security shall be necessary to perfect such appeal.
(iii) In the event the supreme court grants a writ of certiorari, the court shall hear the appeal on the next regular docket of the court.
(2) Any taxpayer who has filed suit under this provision and whose taxes have become due shall pay such taxes under protest or timely file a rule to set bond or other security pursuant to La. Rev. Stat. 47:2134, shall cause to issue notice to the officer designated by law for the collection of such tax under the provisions of La. Rev. Stat. 47:2134(B), and shall cause service of process to be made on the Louisiana Tax Commission as the officer designated by law to assess the property as provided for in La. Rev. Stat. 47:2134(B). However, the portion of taxes that is not in dispute shall be paid without being made subject to the protest.
B.(1) Any taxpayer or bona fide representative of an affected tax-recipient body in the state shall have the right to institute suit in either the district court for the parish where the tax commission is domiciled or the district court of the parish where the property is located, for the purpose of contesting the correctness or legality of any change in assessment made against the property under written instructions of the tax commission, pursuant to La. Rev. Stat. 47:1990, which suits must be instituted within thirty days after the date of the written instructions of the tax commission ordering the change.
(2) Any taxpayer who owns property assessed in more than one parish may institute this suit in either the district court for the parish where the tax commission is domiciled or the district court of any one of the parishes in which the property is located and assessed, provided at least twenty-five percent of the parishes where the property is located are named in the suit. However, if at least twenty-five percent of the parishes are not named in the suit, then suit must be filed in the parish where the property is located.
(3) Any taxpayer in the state who has filed suit under these provisions and whose taxes have become due shall pay the taxes under protest or timely file a rule to set bond or other security pursuant to La. Rev. Stat. 47:2134, shall cause to issue a notice to the officer designated by law for the collection of such tax under the provisions of La. Rev. Stat. 47:2134(B), and shall cause service of process to be made on the Louisiana Tax Commission as provided for in La. Rev. Stat. 47:2134(B). However, the portion of taxes that is not in dispute shall be paid without being made subject to the protest.
C. The assessor shall bring suit, when necessary to protect the interest of the state, and shall also have the right of appeal and such proceedings shall be without cost to him or the state; however, prior to the initiation of a lawsuit against a taxpayer who is suspected of concealing property from assessment, the assessor shall provide written notice to the governing body of the taxing authority the tax revenues of which are the subject of the lawsuit.
D. In all suits relating to property taxes the judge shall hear these cases without delay, in chambers if necessary, without cost to the reviewers or the assessors regardless of whether the suit was instituted by an assessor or a taxpayer.
E. The plea of estoppel shall never be allowed by the courts of this state in matters of local or municipal assessments where there are radical defects in the proceedings leading up to such local assessments, but such plea shall have full effect as against mere subsequent irregularities or informalities therein where no protest has been made thereto, provided that nothing contained in this Subsection shall apply to the levying of taxes for the security of any issuance of bonds.
F. If the assessed valuation finally determined under this Section is greater than the taxpayer’s own assessed valuation, the court shall enter judgment against the taxpayer for the additional taxes due together with interest at the actual rate earned on the money paid under protest in the escrow account during the period from the date of notice of intention to file suit for recovery of taxes pursuant to La. Rev. Stat. 47:2134(B) until paid. If the taxpayer prevails in his suit to recover taxes paid under protest, the appropriate amount of taxes shall be refunded to the taxpayer together with interest at the rate set forth above during the period from the date of payment until the date of such refund.
G. If all appeal delays have run, and a determination of the Louisiana Tax Commission and a judgment of a court of competent jurisdiction has become final upholding an assessment, and a taxpayer institutes another suit to contest the correctness of the same assessment valuation in subsequent years when there has been no change affecting the value of the assessed property and when the suit is frivolous as provided for in Code of Civil Procedure Article 2164, the taxpayer shall pay reasonable attorney fees, expert fees, and costs incurred by the assessor in defending the subsequent suit contesting the assessment, if the determination of the Louisiana Tax Commission and the judgment of a court of competent jurisdiction becomes final upholding the assessment in full.
H.(1) For purposes of this Section, references to the district court for the parish where the Louisiana Tax Commission is domiciled shall be deemed to mean either the district court for East Baton Rouge Parish or the Louisiana Board of Tax Appeals.
(2) A review by the Board of Tax Appeals pursuant to this Section shall be in accordance with the provisions of this Section applicable to a district court and shall be pursuant to its jurisdiction under La. Const. Art. V, § 35 over all matters related to state and local taxes or fees, provided that the matter shall be subject to review finally by the courts on appeal pursuant to the provisions of Chapter 17 of Subtitle II of this Title.
I. The Louisiana Tax Commission shall receive a copy of every filing in a suit under this Section, and may intervene in accordance with the applicable provisions of the Code of Civil Procedure.
Amended by Acts 1980, No. 601, §1, eff. July 23, 1980; Acts 1982, No. 609, §1; Acts 1986, No. 540, §1; Acts 1988, No. 588, §1, eff. July 14, 1988; Acts 1988, No. 719, §1; H.C.R. No. 88, 1993 R.S., eff. May 30, 1993; H.C.R. No. 1, 1994 R.S., eff. May 11, 1994; Acts 1995, No. 53, §1, eff. July 1, 1995; Acts 1995, No. 272, §1, eff. July 1, 1995; Acts 2000, 1st Ex. Sess., No. 74, §1, eff. April 17, 2000; Acts 2001, No. 1149, §1; Acts 2003, No. 791, §2, eff. July 30, 2003 Acts 2003, No. 792, §2, eff. July 27, 2003; Acts 2004, No. 461, §3, eff. July 1, 2006; Acts 2006, No. 390, §1; Acts 2009, No. 511, §1; Acts 2010, No. 926, §1; Acts 2021, No. 343, §1, eff. Jan. 1, 2022; Acts 2023, No. 284, §1.