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Flex Fuel Credit-FYI from the LCPA
Posted on 12/29/15 at 2:39 pm
Posted on 12/29/15 at 2:39 pm
Just a quick FYI....the La Board of Tax Appeals ruled in favor of taxpayers relating to Flex Fuel Credit for 2011. The District court confirmed the BTA decision and now the First Circuit Court of Appeals has confirmed the District Court Decision (on 12/23/2015). I guess Supreme Court is next???
Therefore, any claim for the Alternative Fuel Tax Credit for an alternative fuel vehicle purchased in 2011 will prescribe after December 31, 2015. The prescriptive period for filing a refund claim (e.g., an amended return claiming the credit) is three years from December 31st of the year the taxes were due, or one year from payment, whichever is later. Therefore, it is still possible to amend 2011 and later year returns. 2011 will prescribe after Dec. 31, 2015 (2011 income taxes are due in 2012, three years from Dec. 31 of 2012 is Dec. 31 of 2015).
LINK
Therefore, any claim for the Alternative Fuel Tax Credit for an alternative fuel vehicle purchased in 2011 will prescribe after December 31, 2015. The prescriptive period for filing a refund claim (e.g., an amended return claiming the credit) is three years from December 31st of the year the taxes were due, or one year from payment, whichever is later. Therefore, it is still possible to amend 2011 and later year returns. 2011 will prescribe after Dec. 31, 2015 (2011 income taxes are due in 2012, three years from Dec. 31 of 2012 is Dec. 31 of 2015).
LINK
This post was edited on 12/29/15 at 2:53 pm
3
Posted on 12/29/15 at 2:54 pm to failuretocommunicate
I bought a FF f150 in 2011 and pretty sure i have filed. How much was this supposed to be?
Posted on 12/29/15 at 2:59 pm to achenator
3000 or the cost of outfitting the vehicle. If it was a new vehicle already outfitted it is probably 3,000.
This doesn't mean it is final, it just means that if not filed for 2011 it will prescribe. If you have your amended return filed then you should be good if it gets upheld by the Supreme Court (assuming the state continues to appeal).
This doesn't mean it is final, it just means that if not filed for 2011 it will prescribe. If you have your amended return filed then you should be good if it gets upheld by the Supreme Court (assuming the state continues to appeal).
Posted on 12/30/15 at 2:55 am to failuretocommunicate
Nice, merry Christmas again hopefully.
Posted on 12/30/15 at 10:11 am to failuretocommunicate
For once, filing those protective claims might have been worth it. Good to hear. LDR has a bad reputation of late for trying to pretend a law says something other than what it actually says. Glad to hear the courts are ruling against them.
Posted on 12/30/15 at 10:20 am to LSUFanHouston
quote:
For once, filing those protective claims might have been worth it. Good to hear. LDR has a bad reputation of late for trying to pretend a law says something other than what it actually says. Glad to hear the courts are ruling against them.
Yep it seems that they are 0-3 in arguing their case. I'm sure they'll continue with their appeals, but this does provide a little hope for those folks who played by the rules and filed after June 16, 2012.
Posted on 12/30/15 at 10:46 am to LSUFanHouston
quote:The LDR knows it is going to lose every one of these attempts. It is simply using these methods to manage cash flows in the hopes that the legislature will pass a budget in the near future that will correct the cash flow crises.
LDR has a bad reputation of late for trying to pretend a law says something other than what it actually says.
The problem with the methods that the LDR has adopted is the inconvenience and uncertainty it causes the taxpayers. Its actions are the very definition of arbitrary and capricious. As such, there should be stiff penalties for its behavior, but sovereign immunity prevents anything more than statutory interest as compensation for economic damages to the taxpayers.
Posted on 12/30/15 at 11:24 am to Poodlebrain
quote:
It is simply using these methods to manage cash flows
Yes like sending every taxpayer that is due a refund a letter that their return is being reviewed and it may take up to 90 additional days to process.
quote:
As such, there should be stiff penalties for its behavior
This
Posted on 12/30/15 at 11:36 am to failuretocommunicate
quote:
Yes like sending every taxpayer that is due a refund a letter that their return is being reviewed and it may take up to 90 additional days to process.
At least 80 percent of my clients have gotten one, and less than 1 percent actually ended up with a notice.
It is absolutely insane.
Posted on 12/30/15 at 2:24 pm to LSUFanHouston
Question for you accounting guys - what items do I need to provide to claim this credit on my amended return?
Posted on 12/30/15 at 3:06 pm to eng08
Copy of the buyers order or equivalent from the dealership that shows the details of the vehicle including the VIN (which if i remember correctly, certain digits in the VIN actually identify if the vehicle is available for the credit). Also some proof of purchase (signed financing agreement or receipt acknowledging that the vehicle was purchased by you).
File the amended return, include the above info and a statement that the return is being amended to claim the credit under RS 47:6035
File the amended return, include the above info and a statement that the return is being amended to claim the credit under RS 47:6035
Posted on 12/30/15 at 3:13 pm to failuretocommunicate
I just copied my registration but will dig up the receipt as well.
Just realized the only law I can see online at LDR is the revised one which is stricter
Just realized the only law I can see online at LDR is the revised one which is stricter
Posted on 4/4/16 at 7:46 am to failuretocommunicate
Well got my certified letter back from LA Dept Revenue - they denied my tax credit.
Debating if I want to look into it and try and appeal.
Debating if I want to look into it and try and appeal.
Posted on 4/4/16 at 7:55 am to failuretocommunicate
I wonder if this applies to a diesel car that can run on bio. It's BS that I don't get any green car credits for a car that gets 50mpg
This post was edited on 4/4/16 at 7:58 am
Posted on 4/4/16 at 8:03 am to DownshiftAndFloorIt
Probably not be you do not qualify for the credit if you vehicle can also run on petroleum product. Which is what I am sure they disqualified my truck for, except for the fact it's a 2011 return, which had different rules before they amended the tax code.
So I guess the big question is - if you amend an old return do they apply today's rules to it or do they apply the rules under which it was originally filed?
So I guess the big question is - if you amend an old return do they apply today's rules to it or do they apply the rules under which it was originally filed?
Posted on 4/4/16 at 8:09 am to eng08
Ooooooo gotcha
Posted on 4/4/16 at 8:44 am to DownshiftAndFloorIt
I just re-read the court casein the original post link and it is exactly what I am doing.
Posted on 4/4/16 at 9:52 am to eng08
Did the denial letter specify why you were being denied? Didn't qualify, timeliness of filing, inadequate/improper information provided with filing?
Just curious since the latest court case (once again) clearly trumps the state's position.
Just curious since the latest court case (once again) clearly trumps the state's position.
Posted on 4/4/16 at 11:02 am to eng08
This is still going through the court system so if they deny it but the Supremes eventually them it's valid, they will still pay you.
This is assuming you otherwise qualify for the credit and did all the documentation correct, etc.
This is assuming you otherwise qualify for the credit and did all the documentation correct, etc.
Posted on 4/6/16 at 9:20 am to LSUFanHouston
quote:
This is assuming you otherwise qualify for the credit and did all the documentation correct, etc.
What exactly does this mean? I filed my 2012 tax return claiming the credit for a F-150 I purchased that, at the time, qualified because it was "flex-fuel." I received a Letter of Adjustment from LDR saying they were removing the credit from my return because "flex-fuel" didn't apply. (I purchased the vehicle a few months before they changed the rule - vehicle was purchased in April I believe the interpretation change was made in June or July if I remember correctly).
Is there anything I can do now to get my credit back?
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