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re: La. Tax on Small Biz Deemed Unconstitutional - LDR says "too bad" on $70M paid into it

Posted on 12/10/18 at 6:31 pm to
Posted by Taxing Tiger
Member since Mar 2013
635 posts
Posted on 12/10/18 at 6:31 pm to
Down right criminal. Have a few clients impacted by this. They’re refusing to accept amended returns at this point in time. Only real option if you can’t amend a return and it wasn’t paid under protest is to litigate it. This will be a shite show. I’m not happy about the lack of remedies without getting an attorney involved.
Posted by teke184
Zachary, LA
Member since Jan 2007
95201 posts
Posted on 12/10/18 at 7:02 pm to
And as I said upthread, some tax attorneys will put together a class action suit for a percentage of the recovery.

I would think this is an open and shut case.
Posted by Taxing Tiger
Member since Mar 2013
635 posts
Posted on 12/10/18 at 9:09 pm to
Statute of limitations on the 2015 returns is 12/31/18. Someone better act quick...
Posted by ThisWayChad
Member since Nov 2009
2531 posts
Posted on 12/10/18 at 11:03 pm to
quote:

Statute of limitations on the 2015 returns is 12/31/18. Someone better act quick...


False
Posted by LSUFanHouston
NOLA
Member since Jul 2009
37059 posts
Posted on 12/11/18 at 2:04 am to
Amended returns are due 3 years from original filing due date. So we have a few months.
Posted by LSUFanHouston
NOLA
Member since Jul 2009
37059 posts
Posted on 12/11/18 at 2:18 am to
LDR does not have the people or processes in place to deal with the tens of thousands of amended returns that this will generate. Nor do they have the people and processes in place to just look at the "credit for other state taxes" schedule and just process the refunds off of that.

But they need to figure it out. They knew this was likely.

We about to find out how powerful the CPA society and state bar are.

And while LDR is being difficult, don't forget the true fault lies with the legislature and our former governor for passing this law.

By the way, I am surprised the court threw out the entire Act 109. While the parts forbidding taxes like TX margin tax were clearly wrong, I thought that limiting tax credit to the anoint due had it been LA income, was reasonable. I don't think CA tax should be able to effectively offset tax on non CA income.., which was possible under the old rules.
Posted by skinny domino
sebr
Member since Feb 2007
14330 posts
Posted on 12/11/18 at 4:12 am to
quote:

But my assumption is
Posted by Golfer
Member since Nov 2005
75052 posts
Posted on 12/11/18 at 10:45 am to
quote:




What? I didn’t feel like looking up the vote on this legislation so I assumed, based on my knowledge of his voting record, that he favored this bill.
Posted by BigJim
Baton Rouge
Member since Jan 2010
14491 posts
Posted on 12/11/18 at 11:03 am to
quote:

What? I didn’t feel like looking up the vote on this legislation so I assumed, based on my knowledge of his voting record, that he favored this bill.


And you would be correct

Posted by Taxing Tiger
Member since Mar 2013
635 posts
Posted on 12/11/18 at 1:10 pm to
Jackass
This post was edited on 12/11/18 at 2:02 pm
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