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Jindal will honor returns files prior to June 14

Posted on 6/20/12 at 7:33 am
Posted by PECANMAN
Louisiana
Member since Mar 2012
58 posts
Posted on 6/20/12 at 7:33 am
Anyone who didn't file by this date June 14 to get the E85 Flex Fuel credit will lose out. Those already in the system will get the refund and keep it. Anyone waiting on a clearer determination of the law will be up the creek if those returns had not been sent in. "Early bird gets the worm".
This post was edited on 6/22/12 at 10:34 pm
Posted by LSUMon
Monroe
Member since Aug 2006
397 posts
Posted on 6/20/12 at 8:38 am to
This will not last either. They are going to eventualy honor all 09,10,and 11's no matter when they are filed. Jindal can not retroactiviely change a law, and then try to change the date. 2012 vehciles will be axed in a special sessions. That is just my two cents.

Posted by Hankg
Member since Feb 2011
631 posts
Posted on 6/20/12 at 10:11 am to
Pecan man, where did you get this info. Thanks
Posted by McNeeseLSU
Baton Rouge
Member since Feb 2007
588 posts
Posted on 6/20/12 at 10:13 am to
Posted by BilJ
Member since Sep 2003
158757 posts
Posted on 6/20/12 at 11:56 am to
Posted by PinevilleTiger
Pineville, LA
Member since Sep 2005
6207 posts
Posted on 6/20/12 at 2:02 pm to
Get ready for the class action lawsuits from those who were left out in the cold. You can't pay a select few, many of whom were apparentlty legislators, and refuse to pay the rest of the same class.
Posted by 81Tiger
LSU Alumnus
Member since Sep 2009
6628 posts
Posted on 6/20/12 at 2:29 pm to
quote:

You can't pay a select few and refuse to pay the rest of the same class.


Bingo!!

At one time the state of Louisiana allowed only state pensions (teachers, state workers, etc) to be fully exempt from state income tax. Lawsuits and court actions eventually forced the state to exempt all government issued pensions (military, postal workers, federal employees, etc) from tax.


quote:

many of whom were apparentlty legislators
Can you imagine the protests and heat the politicos will have to endure if the ruling is so arbitrarily applied?
Posted by frb1951
Member since Apr 2012
60 posts
Posted on 6/20/12 at 5:13 pm to
LSUMOM,

"This will not last either. They are going to eventualy honor all 09,10,and 11's no matter when they are filed. Jindal can not retroactiviely change a law, and then try to change the date. 2012 vehciles will be axed in a special sessions. That is just my two cents."

I believe you are right...to a certain extent.

As the state cannot give away public funds, and that is what would happen if only a few were allowed a refund that was not legal if it's determined that these E85 vehicles didn't actually qualify for the refunds as per R.S. 47:6035. If that happens, I definitely see either the State or the courts recalling those refunds.

Furthermore, if the refunds issued to date are deemed to be legal, then all vehicles purcharsed prior to the date that the law is changed will receive the refunds. The State of Louisiana also faces the issue of people buying E85 vehicles in 2012 prior to June 14 on the assumption they would receive a $3,000 credit from the State of Louisiana. Dealerships have even advertised it!

I'll say it again, this is the most bizaar tax issue I've ever faced in my 40 year career. The tax laws after Katrina and Rita now look so minor compared to this situation!

Posted by PECANMAN
Louisiana
Member since Mar 2012
58 posts
Posted on 6/20/12 at 5:41 pm to
Hopefully the court will fast track this issue so that those who have not filed will be able to rest their concern.
Posted by LSUMon
Monroe
Member since Aug 2006
397 posts
Posted on 6/21/12 at 8:45 am to
quote:

Hopefully the court will fast track this issue so that those who have not filed will be able to rest their concern


I think the opposite will happen. My opinion is that the June 14th cutoff is just a way to buy more time. The majority of filers who qualify are just now finding out about this and the State is trying to stop the bleeding before the onslaught of returns are filed.

I spoke with someone with the Louisiana Car Dealer's Association and he stated that the next session that this could be resolved in is not until June 2013. It is his understading that they will have a special session to ax the credit on the 2012 returns before then, and then in the regular session approve to pay out the refunds on qualifing vehicles from 2009-2011 that are filed after June 14th.
Posted by Ford Frenzy
337 posts
Member since Aug 2010
6876 posts
Posted on 6/21/12 at 10:41 am to
this is a joke for CPA's to deal with because they are constantly being the middle man between clients and the idiots that make up the State Dept of Revenue
Posted by TimeAndTide
The Promised Land
Member since Jun 2009
907 posts
Posted on 6/21/12 at 10:49 am to

Wonderful leadership on Jindal's part. His name is right there on the original 2009 law - but oh, gosh, he doesn't remember approving it!
Posted by tenortoga
Member since Dec 2007
480 posts
Posted on 6/21/12 at 11:00 am to
quote:

Furthermore, if the refunds issued to date are deemed to be legal, then all vehicles purcharsed prior to the date that the law is changed will receive the refunds. The State of Louisiana also faces the issue of people buying E85 vehicles in 2012 prior to June 14 on the assumption they would receive a $3,000 credit from the State of Louisiana. Dealerships have even advertised it!

That's my issue. I purchased a vehicle in April 2012. Obviously, I can't file the return until next year. But I feel like I should be able to get the credit as well.
Posted by iknowmorethanyou
Paydirt
Member since Jul 2007
6546 posts
Posted on 6/21/12 at 11:17 am to
quote:

Wonderful leadership on Jindal's part. His name is right there on the original 2009 law - but oh, gosh, he doesn't remember approving it!


Jindal's new campaign slogan, "Not On My Watch!"
Posted by TimeAndTide
The Promised Land
Member since Jun 2009
907 posts
Posted on 6/21/12 at 11:32 am to
quote:

Jindal's new campaign slogan, "Not On My Watch!"


Maybe we can work out a deal where C.B. Forgotston gets to take his place for the next term, and Jindal can do some volunteer work in Lesotho for 4 years!
Posted by PECANMAN
Louisiana
Member since Mar 2012
58 posts
Posted on 6/21/12 at 11:37 am to
quote:

I spoke with someone with the Louisiana Car Dealer's Association and he stated that the next session that this could be resolved in is not until June 2013. It is his understading that they will have a special session to ax the credit on the 2012 returns before then, and then in the regular session approve to pay out the refunds on qualifing vehicles from 2009-2011 that are filed after June 14th.


LSUMon, don't get confused over the legislative branch of government and the judicial branch. I believe that there could be legal action involved for those who bought vehicles under the assumption of the credit for 2012 and now will not receive it. This is where the court system will settle the matter, not legislative system. Fast tracking will help the pain and bleeding by those who bought 2012 vehicles.
Posted by Ford Frenzy
337 posts
Member since Aug 2010
6876 posts
Posted on 6/21/12 at 11:42 am to
tax laws for the current year change all the time during the year, I don't think disallowing all 2012 credits will be a problem
Posted by PECANMAN
Louisiana
Member since Mar 2012
58 posts
Posted on 6/21/12 at 12:38 pm to
quote:

tax laws for the current year change all the time during the year, I don't think disallowing all 2012 credits will be a problem


No problem? Just wait and see.
Posted by frb1951
Member since Apr 2012
60 posts
Posted on 6/22/12 at 7:37 am to
Pecanman,

Positively! It's all or none until the law is changed if the interpretion by the DOR is correct! A special session in 2012 to change the law (if necessary) also will end up as an embarrassment to many of the legislators and the Governor as there is documented proof from tax professionals all over the State of Louisiana that the Gov's Office, as well as many of the legislators, were informed and asked for guidance on this situation while they were still in session....and even prior to the Declaration of Emergency being released, as well as after the Declaration.

"Interim" Secretary of the DOR will also face the fact that she might possibly have a memory issue as she participated in discussions about and PRIOR to the Declaration being issued. I smell sabotage....unless she she admits to memory problems. Either way, the more she says she knew nothing about the Declaration while employed with the DOR prior to her new position, the worse it will be for her in the end. I don't feel comfortable with her new position, however, if her title changes from "Interim" Secretary to Secretary it will again be a sad day for the State of Louisiana!
Posted by tenortoga
Member since Dec 2007
480 posts
Posted on 6/22/12 at 9:24 am to
quote:

tax laws for the current year change all the time during the year, I don't think disallowing all 2012 credits will be a problem

I disagree. When I bought my vehicle in 2012 the law stated I was entitled to a 3,000 tax credit. You can't change that law after I buy my vehicle. Tax law changes usally go into effect the following year. If they do go into effect the current year it usually only does so if it decreases taxes, not increases them.
Bottom line, if I relied on the credit when I purchased the vehicle, you can't change the law after I purchase it and say I am no longer entitled to the credit.
This post was edited on 6/22/12 at 9:28 am
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