Taylor Porter was recently named one of Business Report's 2014 Best Places to Work in Baton Rouge! This honor is a tribute to the men and women who make Taylor Porter a Best Place to work. For a complete list of local honorees, including many of our clients, please click the link below.
Taylor Porter is pleased to announce that 27 attorneys are included in the Best Lawyers® 21st edition of The Best Lawyers in America for the Baton Rouge area.
The Southern University Alumni Federation elected Taylor Porter partner Preston J. Castille, Jr. as its national president.
Louisiana Tax Alert
Louisiana Tax Delinquency Amnesty Act of 2013
July 9, 2013
On June 21, 2013, Governor Jindal signed House Bill No. 456 enacting the Louisiana Tax Delinquency Amnesty Act of 2013 (the “Act”). The Act provided that the amnesty program will run for any two consecutive calendar months between July 1, 2013 and June 30, 2014 at the discretion of the Louisiana Department of Revenue (LDR). We have been advised by representatives at LDR that the program will run from September 15, 2013 through November 15, 2013.
Applying for amnesty
A taxpayer must apply for amnesty on forms distributed by the LDR. To date, these forms have not been released by the LDR. With the filing of the amnesty application, the taxpayer must submit payment of the tax, all fees and cost, and one-half of the interest. The LDR will not enter into any installment agreements with taxpayers participating in the amnesty program. In addition, tax returns must be submitted with the amnesty application if they have not previously been filed. Upon approval of the amnesty application for 2013, the LDR will waive the remaining one-half of interest and all of the penalties for the periods amnesty is granted.
Applicable taxes and periods eligible for amnesty
The Act will apply to all taxes administered by the LDR except motor fuel taxes and penalties for failure to submit information reports not based on an underpayment of tax. Of the taxes that are eligible for amnesty, the taxes must have occurred within the following time periods to receive amnesty:
• Taxes due prior to January 1, 2014, for which the LDR has issued to an individual or a business a proposed assessment, notice of assessment, bill, notice or demand for payment on or after July 1, 2001 and before May 31, 2013
• Taxes that became due on or after July 1, 2001 and before January 1, 2013
• Taxes for which the taxpayer and the LDR have entered into an agreement to interrupt the running of prescription (otherwise known as statute of limitations outside of Louisiana) and the agreement suspends the running of prescription until December 31, 2014
• Taxes that became due on or before July 1, 2001, if the taxpayer was ineligible for an earlier amnesty program due to having a matter in civil litigation
Waiver of rights
A condition of participation in the amnesty program is that the taxpayer must agree to relinquish any right to protest or initiate an administrative or judicial proceeding to the specific tax and tax period for which amnesty is granted.
Availability of amnesty for matters under examination and in litigation
A taxpayer that is undergoing a field audit or examination or involved in litigation may participate in the amnesty program by agreeing to abide by the LDR’s interpretation of the law for the issues in the audit or litigation and for all periods beginning in 2014, 2015, or 2016. If a taxpayer is involved in litigation and elects to participate in amnesty, the taxpayer must pay all applicable attorneys fees and its own costs of litigation. A taxpayer involved in field audits or litigation must include all issues and all eligible periods involved in the audit or litigation on the amnesty application.
Further, a taxpayer that has paid under protest must agree that upon approval of the amnesty application, the LDR will apply the payment in escrow in accordance with the grant of amnesty. To the extent a taxpayer paying under protest is due a refund, no interest will be paid by the LDR on refunds for periods for which amnesty is granted. Finally, taxpayers with liens on property or against whom the LDR has initiated levy proceedings are eligible for amnesty if they agree to pay any and all lien fees associated with the tax period for which amnesty is applied for.
Penalties after the end of the tax amnesty period
If the LDR issues a notice of assessment for a period for which penalties were taken after the tax amnesty period has ended, the LDR has the authority to impose penalties and initiate civil proceedings or criminal proceedings with respect to the difference between the amount shown on the amnesty application and the correct amount of tax due. By regulation, the LDR may impose a collection penalty of 20% or less if any additional deficiency is assessed for a taxable period for which amnesty is taken. This penalty is in addition to all other applicable penalties, fees or costs. The LDR may waive any or all of the collection penalty if the taxpayer establishes that the deficiency was not due to negligence, intentional disregard of administrative rules and regulations or fraud.
If the deficiency results from an adjustment made by the IRS to the taxpayer’s federal income tax, no penalty will be imposed as long as the taxpayer notifies the LDR within 60 days of receiving the adjustment from the IRS. Further, no penalty will be imposed if the taxpayer’s application for amnesty was based on a proposed assessment or notice of assessment.
For more information contact the following Taylor Porter tax professionals.
John F. McDermott
Taylor, Porter, Brooks & Phillips LLP
Addie M. Prewitt
Taylor, Porter, Brooks & Phillips LLP
This alert is provided for educational and informational purpose only and should not be considered legal or accounting advice. You should consult with legal counsel and accountants for their interpretation of the applicable law, rules, regulations, guidance and consideration of other relevant facts before acting on any information contained herein.
Taylor Porter is pleased to announce new high rankings in “Chambers USA” for 2013.
Taylor Porter is honored to have been selected as one of the 2013 LSU 100: Fastest Growing Tiger Businesses. For more details click link above.
Lloyd Lunceford, a partner in the firm and editor of A Guide to Church Property Law, was quoted in the January 20, 2013, article titled “Chances Improving for Ex-Episcopalians in Property Fights”. The article discussed high-profile court cases in Texas and South Carolina that could reshape legal strategies in other states and denominations. "When no trust exists at all, the local church wins," Lunceford said. "The South Carolina Supreme Court, like many state supreme courts, has held that the mere presence of an assertion of a trust (existing) in a denominational constitution is insufficient to create a valid legal trust. There has to be more." Mr. Lunceford also co-authored the amicus briefs that were filed in both the South Carolina and Texas Supreme Court cases mentioned in the article. To read the article in its entirety, click here.
Taylor Porter is pleased to welcome Richard B. Easterling. He joins Taylor Porter as Of Counsel practicing in the areas of governmental relations and regulatory matters with a focus on alcohol beverage licensing and compliance.
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Eleven Taylor Porter attorneys have been named by Louisiana Super Lawyers Magazine as top attorneys and two attorneys have been named as Rising Stars in Louisiana for 2013.
Taylor Porter congratulates Kiki Bergeron who has become a partner in the firm.
Jim Ellis of Taylor Porter has been named outside general counsel for DEMCO, the largest electric cooperative in Louisiana. Mr. Ellis’ appointment was announced on November 15 at the board of directors meeting. Mr. Ellis will provide the full range of legal and regulatory services to support DEMCO's operations.
Taylor Porter is pleased to announce the Firm’s ranking as a “Best Law Firm” for 2013 by the U.S. News Media Group and Best Lawyers.
Taylor Porter is pleased to announce that Jonathan A. Moore has joined the firm as an associate. Mr. Moore will practice in a wide array of areas with a primary focus in commercial litigation and business matters.
Taylor Porter is pleased to announce its ranking as a 2013 top law firm in the United States by Martindale-Hubbell.
Due to the excellent work of Taylor Porter partners Lloyd Lunceford and Eugene Groves, the United States Supreme Court has denied certiorari in an important case dealing with the rights to ownership of real estate and buildings owned by Presbyterian Church congregations.
Five Taylor Porter attorneys were selected as Best Lawyers' 2013 Lawyers of the Year.
Taylor Porter is pleased to announce that Mary C. Hester has been named a Fellow of the American Bar Foundation.
UPDATE: The IRS announced that it will proved relief from tax filing and payment deadlines for certain individuals and businesses in Louisiana and Mississippi affected by Hurricane Issac.
Vicki M. Crochet, Thomas R. Peak and John P. Murrll will present at the 5th Annual Sterling Education Services Employment Law Seminar on October 11.
Twenty-six Taylor Porter attorneys were selected for inclusion in Best Lawyers in America for 2013.
Taylor Porter Sponsors Disaster Preparedness Seminar with the LBTC and P&N Tech on August 21.
Check out Taylor Porter at WBRZ's "Stuff the Bus"!
In June, our “100 for 100” community service campaign is working with the Boys & Girls Club of Greater Baton Rouge on a project that really demonstrates the power of words.
Taylor Porter is pleased to announce new high rankings in “Chambers USA” for 2012.
Mac Womack is the 2012 recipient of the Leah Hipple McKay Memorial Award for his outstanding volunteerism.
Skip Philips and Mac Womack have been named officers in the Louisiana Association of Defense Counsel.
Taylor Porter is pleased to announce that Addie M. Prewitt has joined the firm.
Andree Matherne Cullens and Amy Groves Lowe will speak at the National Business Institute’s seminar, “May It Please the Court” - Effective Case Presentation at Trial.
Taylor Porter has been honored as an LSU 100: “Fastest Growing Tiger Businesses” for 2012.
Taylor Porter's Executive Committee is proud to be featured in the LSBA's Focus on Diversity Publication.
Todd Manuel co-chairs DRI’s Diversity Expo presented by DRI’s Diversity Committee.
Clay Johnson has been selected as a 2012 Volunteer Activist by the Baton Rouge Speech and Hearing Foundation.
Taylor Porteris pleased to announce that Skip Philips has been invited to join the prestigious Claims and Litigation Management Alliance.
Shelby McKenzie has been named “Lawyer of the Year’ by the Louisiana Bar Foundation.
Tom Easterly, Blue Loupe and Robin Toups have become partners in the firm of Taylor Porter.
Gene Groves, Mary Hester and Shelby McKenzie will speak atLSU CLE by the Hour on Dec. 14-16.
Taylor Porter is pleased to announce that Elizabeth L. Adams andErin B. Sayes have joined the firm as associates.
Taylor Porter is pleased to announce that six attorneys were named “Baton RougeBest Lawyersof the Year” for 2012.
Taylor Porter is pleased to announce that Preston J. Castille, Jr. andTodd S. Manuel have joined the Firm’s Executive Committee.
Twenty-two Taylor Porter attorneys were selected for inclusion in Best Lawyers in America for 2012.
W. Shelby McKenzie will present at LSU CLE classes on September 23.
Taylor Porter is pleased to announce that Mackenzie D. Rodriguez has joined the firm as an associate. Mrs. Rodriguez will practice in the areas of intellectual property and general litigation.
Taylor Porter is pleased to announce new high practice area rakings in"Chambers USA - America’s Leading Lawyers for Business”.
Taylor Porter is pleased to announce that Harry J. “Skip” Philips, Jr. has been elected as an officer of the Louisiana Association of Defense Counsel.
Todd Manuel, a partner with Taylor Porter, will be recognized as a Distinguished Alumnus of the Southern University Law Center.
Robert W. Barton, a partner with Taylor Porter, has been named to the NCAA Re-accreditation Committee at Louisiana State University. This appointment is in recognition of Mr. Barton
Taylor Porter is pleased to announce that Preston J. Castille, Jr.,Amy C. Lambert and L. Adam Thames have been elected as officers in the Baton Rouge Bar Association.
William H.L. Kaufman and Matthew L. Mullins have become partners in the firm of Taylor Porter.
Eleven Taylor Porter attorneys have been named by LouisianaSuper Lawyersmagazine as top attorneys in Louisiana for 2011.
Taylor Porter is pleased to announce that W. Shelby McKenzie has been namedBest Lawyers
Taylor Porter is pleased to announce that Harry J.
Twenty Taylor Porter attorneys were selected for inclusion in Best Lawyers in America for 2011.
M. Lenore Feeney, a partner with Taylor Porter, and her husband,Randy Walsh received the Foundation for Historical Louisiana
J. Clayton Johnson, a partner with Taylor Porter, has been named Chairman of the Board for the Louisiana Capital Area Chapter of the American Red Cross.
John F. McDermott writes an article for the LSU Foundation newsletter. His article is entitled “Now What? Repeal of The Federal Estate Tax And Implications For Estates in 2010”.
Taylor Porter congratulates Edward D. Hughes who has become a partner in the firm.
Taylor Porter is pleased to announce that Todd S. Manuel is a 2009 recipient of the Baton Rouge Business Report
Taylor Porter sponsored the Louisiana Chapter of the American Red Cross
Michael A. Crawford will be a guest speaker at the 15th Annual Bankruptcy Law Seminar held at the Paul M. Hebert Law Center on October 15-16.
Taylor Porter is pleased to announce that J. Michael Parker has become a Fellow of the American College of Trial Lawyers, one of the premier legal associations in America.
Vicki Crochet was a guest speaker at the National Women
Taylor Porter is pleased to announce that Margaret Tooke was named Chairman of the Board for the Arts Council of Greater Baton Rouge.