Louisiana Voluntary Disclosure Agreement
Application – a completed « Application for a Voluntary Disclosure Agreement » (Form R-60010) or a « Request for Voluntary Disclosure from Multiple States » filed with the National Nexus Program of Multistate Tax Commissions and any additional information, including but not limited to side letters, appendices, reports and other documents that demonstrate the applicant`s qualification for a voluntary disclosure agreement. Additional information requested by the service and provided by the applicant in a timely manner shall be considered as part of the request. E. The Secretary may disclose tax information to the Multistate Tax Commission or to any political subdivision of the State that has entered into an information exchange agreement with the Ministry to coordinate the delivery and acceptance of requests for voluntary disclosure agreements. Any information provided in this manner shall be treated confidentially and treated confidentially and privileged by the Multistate Tax Commission or the Political Subdivision to the extent provided for in S.R. 47:1508. e. The re-enrolment period(s) are determined at the time the secretary or his or her authorized representative signs the voluntary disclosure agreement. 1. After the Secretary has reviewed the application and, on the basis of the information contained therein, has determined that the applicant qualifies for a voluntary disclosure agreement, the Secretary shall send a copy of the application to the applicant or his representative for signature. The Louisiana Uniform Local Sales Tax Board (« ULSTB ») has now promulgated its Louisiana Administrative Code (« LAC ») 72:I.105 (« Voluntary Disclosure Agreements ») ordinance on a unified voluntary disclosure program and a corresponding unified voluntary disclosure agreement (VDA) for local sales and use tax purposes in Louisiana. The final regulation adopted contains the same wording as the previous proposal for a regulation published by the ULSTB on 29 November 2018.
2. The Secretary shall calculate the interest and penalties due on the tax disclosed by the Applicant and shall send the Applicant or his representative, by post or e-mail, a calendar indicating the amount of taxes, interest and fines due. The applicant must submit payment of the full amount of interest and any penalty not transferred or waived within 30 calendar days of the date of the postmark or email in the schedule or, where applicable, as part of an extension granted by the secretary. If payment of the full amount due has not been received after the expiry of this period, the Secretary may cancel the Agreement. 4. Where the application has been submitted to the Multi-State Tax Commission, the applicant shall return the agreements signed in accordance with the guidelines established by the Commission. c. has been contacted by the service regarding liability for a tax for which a voluntary disclosure agreement is requested, including, but not limited to, potential liability or contact for the purpose of conducting a taxpayer`s record audit; or undisclosed liability – a tax liability that became due in the retrospective period and was not identified, calculated, researched, identified or known by the department at the time of disclosure and that would likely not be discovered by normal administrative activities. Undisclosed liability must exceed $500 during the review period to be eligible for review of a voluntary disclosure agreement. The Secretariat has the discretion to conduct a review of the applicant`s documents to confirm the amount of undisclosed liability.
Qualified Applicant – any taxpayer who is not an unqualified applicant, subject to the declaration and payment of a tax levied by the State of Louisiana. Notwithstanding anything to the contrary, any applicant who entered into a voluntary disclosure agreement with the Department prior to July 1, 2014 will be considered a qualified applicant. Registration with the Department of Tax Reporting and Payment for which no voluntary disclosure agreement is required does not disqualify a qualified applicant from entering into a voluntary disclosure agreement. a. is registered with the Ministry at the time of application, but has not filed income tax returns or reported the amount due for a tax for which a voluntary disclosure agreement is requested; lulstb.com/agreement-for-voluntary-disclosure-of-local-sales-and-use-taxes/ 3. Upon receipt of the agreement signed by the applicant, the secretary or his authorized representative shall sign the agreement and return to the applicant a copy of the agreement signed by both parties. F. The terms of the Volunteer Agreement are valid, binding and enforceable by and against all parties, including their purchasers, successors and assigns.
G. The Secretary reserves the right to cancel the voluntary disclosure agreement if the applicant does not meet any of the conditions set out in the agreement. 2. The applicant or the applicant`s representative acting under the power of attorney must sign the agreement and return it to the Secretariat within 30 calendar days of the date of the postmark or e-mail or in an extension approved by the Secretary more than 30 calendar days after the date of the postmark or e-mail. Taxpayers can enter into an agreement anonymously and voluntarily pay their taxes with a reduced or no penalty. In most cases, taxpayers are offered a limited « retrospective » period. This voluntary disclosure request system coordinates the registration, approval and contracting process for the implementation of a voluntary disclosure agreement. Date of application – the date on which the Department receives a completed application requesting a voluntary disclosure agreement. Additional information requested by the service and provided by the applicant in a timely manner shall not extend or delay the date of the application. Date of signature – the date on which the voluntary disclosure agreement is signed by the secretary or his authorized representative. Voluntary Disclosure Agreement – a contractual agreement between a qualified applicant and the Secretary in which the Qualified Applicant agrees to pay taxes and interest due on an undisclosed liability, and the Secretary agrees to transfer or waive payment of all or part of the penalty associated with that liability and the recovery of prior liabilities during the review period.
to restrict. with the exception of periods during which tax was collected and not paid. As required by law (cf. R. 47:337.102(F)) the ULSTB has issued this regulation to establish a uniform voluntary disclosure program and corresponding VDA for taxpayers requesting the mitigation of penalties in cases where liability is owed to more than one local sales and use tax collector. Applicant – any association, corporation, estate, corporation, individual, joint venture, limited liability company, partnership, receiver, syndicate, trust or any other entity, combination or group that, through a representative, submits or arranges for the submission of an application for a voluntary disclosure agreement for a tax administered by the Ministry. If the application is made through a representative, the anonymity of the applicant may be preserved until the voluntary disclosure agreement is signed by the taxpayer and the secretary. b. the returns, renewals, payments were submitted or registered more than 60 days before the date of application for a fee for which a voluntary disclosure agreement is requested; 1.
All fees due for the examination must be paid within 60 calendar days of the signing of the voluntary disclosure agreement by the Secretary or within an extension of the period approved by the Secretary beyond 60 calendar days from the date of signature. All schedules or declarations required by the secretary to indicate the amount of tax due must be attached to this payment. An « error in the tax return due on the tax return » is an error, omission or error of fact that is important in determining the taxpayer`s tax liability. Retrospective period – the period for which a qualified applicant agrees to disclose and pay taxes and interest due. The reporting period is as follows: B. Acceptance of the offer to enter into a voluntary disclosure agreement Outstanding penalty – any specific penalty imposed under the SAR. 47:1603 or 1604.1 due to the taxpayer`s failure to make the required return or payment in a timely manner […].