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re: Jindal will honor returns files prior to June 14

Posted on 6/25/12 at 11:30 am to
Posted by 3HourTour
A whiskey barrel
Member since Mar 2006
21672 posts
Posted on 6/25/12 at 11:30 am to
Phew...luckily I filed a 2010 amended return on June 8. I should be good either way. My amended return is still being "processed" though. I dont remember it taking this long in the past.
Posted by Ford Frenzy
337 posts
Member since Aug 2010
6876 posts
Posted on 6/25/12 at 11:39 am to
quote:

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.
The IRS does this kind of stuff with regards to bonus depreciation and the like...whether the state can get away with it, I dont know
Posted by iknowmorethanyou
Paydirt
Member since Jul 2007
6593 posts
Posted on 6/25/12 at 11:40 am to
quote:

tenortoga


If you relied on the credit to purchase the vehicle, you couldn't afford it in the first place.
Posted by tenortoga
Member since Dec 2007
480 posts
Posted on 6/25/12 at 12:23 pm to
quote:

If you relied on the credit to purchase the vehicle, you couldn't afford it in the first place.

Maybe relied was the wrong word. I can afford the vehicle with or without the credit. The fact is when I bought the vehicle the law stated I am entitled to a $3,000 tax credit. You can't change the law retroactivly after the vehicle is purchased. If you want to change the law (and I agree it is a stupid law) fine, but it should only effect people from the date of change.
Posted by iknowmorethanyou
Paydirt
Member since Jul 2007
6593 posts
Posted on 6/25/12 at 12:32 pm to
Yea I'm more commenting on those who did buy vehicles specifically for the credit. That should not have been the motivating factor. When did you take delivery of your vehicle?
Posted by tenortoga
Member since Dec 2007
480 posts
Posted on 6/26/12 at 1:13 pm to
The paperwork was signed April 27 and the vehcile was delievered April 30.
Posted by BRhuskyfan80
Baton Rouge
Member since Dec 2011
2915 posts
Posted on 6/26/12 at 8:34 pm to
Most of the politicians managed to get their $3k, so I guess the cut-off date works. The rest of us who didn't quite know about the tax break are SOL.

quote:

When Fannin learned about it during the session, he alerted not the governor but his accountant, who filed for credits on two vehicles Fannin bought in 2010. Sen. Francis Thompson also sniffed out the deal and called Commissioner of Administration Paul Rainwater to discuss it. "It's absurd," said the Delhi Democrat, after filing to get his own $3,000 back.


LINK
This post was edited on 6/26/12 at 8:39 pm
Posted by frb1951
Member since Apr 2012
60 posts
Posted on 6/27/12 at 12:15 am to
iknowmorethanyouknow,

If the tax credit was a "motivating factor" in purchasing a flex fuel vehicle between 2009 to present or not, that's not the issue whatsoever. Your statement seems to say the people who bought these vehicles and didn't know about the credits when their vehicles were originally purchased are the only ones that should qualify for the credit. There were many others out there waiting on confirmation of the credits being legit as they saw and heard the about these refunds being recalled while being issued at the same....not once but several times. The fact that they didn't want to be as distraught as some on this forum if the were told they also must repay their refund with interest should not and ultimately will not disallow them from receiving the credits.

I feel certain in the end, it's going to be an either "all" or "none" situation.

The more inside info I hear on the credit, the more I'm beginning to think this whole situation was pre-orchestrated by political forces. It's beginning to sound like another "Horse and Pony Show" with the setting of the show happening to be in the State of Louisiana (again). How sad!

Posted by frb1951
Member since Apr 2012
60 posts
Posted on 6/27/12 at 12:46 am to
quote:

The IRS does this kind of stuff with regards to bonus depreciation and the like...whether the state can get away with it, I dont know


Ford Frenzy,

In my 40 year career I have NEVER seen something so bazaar (as the fuel tax credit) happen with the Federal Tax Code.

Such things as bonus depreciation have an effective and expiration date. At times, the expiration date is extended. Other times, it is allowed to expire. Bonus depreciation as well as Sect 179 deductions change based on economic as well as natural disaster factors and such. However, NEVER, has a taxpayer been denied a credit, refund, etc.. that other taxpayers were given provided they qualified for the credit as did the ones who received the credit originally.

Sure, certain areas receive special credits from time to time as those affected by Hurricane Katrina and Rita. However, there was NEVER a "the game is locked and no one else can play" moment with IRS as we have seen with these fuel tax credits......because it's simply not legal!
Posted by PECANMAN
Louisiana
Member since Mar 2012
58 posts
Posted on 6/27/12 at 7:01 am to
frb1951, Any regrets about not taking the credit for any clients previously? Or do you feel that the state will eventually allow all flex fuel credits through a mandate by the judicial system?
Posted by iknowmorethanyou
Paydirt
Member since Jul 2007
6593 posts
Posted on 6/27/12 at 10:20 pm to
quote:

frb1951


No, I'm saying those (and I'm sure there are plenty) who bought the vehicle specifically for the tax credit, will have that shite repoed by this time next year.
Posted by frb1951
Member since Apr 2012
60 posts
Posted on 6/28/12 at 11:07 pm to
frb1951, Any regrets about not taking the credit for any clients previously? Or do you feel that the state will eventually allow all flex fuel credits through a mandate by the judicial system?

Pecanman,

No regrets! This matter is far from over!

I do regret, however, I didn't go to the media as it seems Jindal gets 100% of the news of his state from the news media rather than his office staff. From news accounts I have recently read, it appears many in our State Government have amnesia. Possibly a hazard of the job....probably Louisiana politics as usual!

I now honestly feel this whole thing was politically pre-orchestrated. It's either that or a definite case of taxpayers paying salaries of many State employees for naught!

Looks like Louisiana will once again be the laughing stock of the nation once all of the facts come out about this credit...who knew and who didn't know....who knew and pretended they didn't know, etc....

I'm going to sit back and enjoy!
Posted by bulldog95
North Louisiana
Member since Jan 2011
21049 posts
Posted on 6/29/12 at 12:05 am to
filed mine on may the 5th, now just waiting on the money.
Posted by nrtiger
Paradise
Member since Nov 2003
1349 posts
Posted on 6/29/12 at 8:23 am to
I bought a 2011 Chevy Tahoe "Flex Fuel in November of 2010. I have not amended my taxes yet, what action should I take right now? Wait it out or file an amended 2010 return?
Posted by frb1951
Member since Apr 2012
60 posts
Posted on 6/30/12 at 12:09 pm to
nrtiger,

In your case, you have until 12-31-14 to file an amended return for 2010 to claim the credit. Or rather I should say "per La's Revised Statutes, you have until 12-31-14..."

I hesitate to advise you what to do after witnessing our government in action lately.



Posted by lsufan04
Member since Dec 2004
13 posts
Posted on 7/1/12 at 1:33 pm to
I filed mine June 3rd online. It still shows as "processing". Maybe they are just going to "process" forever. Normal refunds take 2 weeks to direct deposit. Has anyone recieved a refund since Jindal said they will honor prior to June 14th?
Posted by PECANMAN
Louisiana
Member since Mar 2012
58 posts
Posted on 7/2/12 at 9:04 pm to
I have clients who have received a letter stating that the amended return is under review and the process could take 60 days.

frb1951, any further developments on the credit? Any lawyers warming up for a class action suit?
Posted by frb1951
Member since Apr 2012
60 posts
Posted on 7/3/12 at 11:54 am to
Pecanman,

Jones Walker's Baton Rouge office is gearing up it appears. The following is the link to their "E Bulletin" regarding the credit. A friend sent me the link originally. I have since gone to their website and registered to receive future bulletins. I'm sure there are other firms as well.

LINK

The fact that the DOR appears to be holding on to those refunds that they said they would honor makes me wonder if they will be released at all. I'll let you know if I hear anything else. Please do the same.

Take care,
Cathy
Posted by dwr353
Member since Oct 2007
2173 posts
Posted on 7/4/12 at 5:52 pm to
I bought a 2010 and a 2012 flex fuel veh. I filed after the deadline to prepare for the inevitable law suit. Some lawyer will have me for a client. Jindal is not king even though he thinks he is.
Posted by Ford Frenzy
337 posts
Member since Aug 2010
6876 posts
Posted on 7/5/12 at 9:20 am to
quote:

In my 40 year career I have NEVER seen something so bazaar (as the fuel tax credit) happen with the Federal Tax Code.
I agree, it's ridiculous
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