Terms Used In Louisiana Revised Statutes 47:1481

  • person: includes a body of persons, whether incorporated or not. See Louisiana Revised Statutes 1:10
  • Subtitle: means and includes all the Chapters in Subtitle II of this Title 47 and any other Title of the Louisiana Revised Statutes of 1950 except the provisions of Chapter 1 of Subtitle IV of Title 47 of the Louisiana Revised Statutes of 1950 and estate taxes for the assessment, collection, administration, and enforcement of taxes, fees, licenses, penalties, and interest due the state of Louisiana which have been delegated to the Department of Revenue. See Louisiana Revised Statutes 47:1501

            A. Any person who has a claim against the state of Louisiana for money erroneously paid into the State Treasury, or for any other claim, may present such claim to the Board of Tax Appeals, in such form and together with such proofs as the Board of Tax Appeals may require by its rules and regulations. The board shall duly examine into the justice, merits and correctness of each such claim presented to it, and shall officially pass thereon.

            B. For purposes of this Part, except when the context clearly indicates otherwise, the terms defined in this Section shall have the following meanings:

            (1) “Current collections” shall first mean any current collections of the particular tax at issue, and then current collections of any taxes collected pursuant to Chapters 1, 2, 2-A, 2-B, or 5 of Subtitle II of Title 47 of the Louisiana Revised Statutes of 1950, as amended.

            (2) “Department” shall mean the Department of Revenue.

            (3) “Secretary” shall mean the secretary of the Department of Revenue.

            C. The board and the secretary may enter into an agreement to allow filing of claims against the state with the department on forms prescribed by the secretary. Any claim filed with the department pursuant to this Subsection shall be deemed a filing with the board for the purposes of this Part as of the date the claim is filed with the secretary. Nothing in this Subsection shall restrict or limit any other remedy available to a claimant under any other applicable law.

            Acts 2019, No. 367, §1, eff. June 18, 2019.