§105. Payment of tax

A. Time of payment. The total amount of tax due on a calendar or fiscal year income tax return shall be paid on the date the return is required by law to be filed determined without regard to any extension of time for filing the return. The full amount of tax disclosed by the return as filed shall constitute an assessment at that time, and shall be recorded as an assessment in the records of the secretary.

B. Installment Payments. If the taxpayer qualifies for an installment agreement plan, the taxpayer may elect to pay the tax in installments. Each installment payment shall be paid in accordance with the installment agreement plan established in accordance with the provisions of R.S. 47:1576.2 and rules and regulations promulgated by the department in accordance with the Administrative Procedure Act. If any installment payment is not paid on or before the date fixed for its payment, the whole amount of tax unpaid shall be paid upon notice and demand from the secretary. However, upon request of the taxpayer and approval of the secretary, the secretary may reinstate the installment payment agreement plan after payment of the fee required in R.S. 47:1576.2.

C. Extension of time for payment. At the request of the taxpayer, the collector may extend the time for payment of the amount determined as the tax by the taxpayer, or an installment thereof for a period not to exceed six months from the date prescribed for the payment of the tax or an installment thereof. In such case the amount in respect of which the extension is granted shall be paid, on or before the date of the expiration of the period of the extension.

D. Voluntary advance payment. A tax imposed by this Chapter or any installment thereof, may be paid at the election of the taxpayer, prior to the date prescribed for its payment.

E. Fractional parts of cent. In the payment of any tax under this Chapter, a fractional part of a cent shall be disregarded unless it amounts to one-half cent or more, in which case it shall be increased to one cent.

F. Receipts. The collector upon any payment of any tax imposed by this Chapter shall upon request give to the person making such payment a full written or printed receipt therefor.

G. Form of payment. All payments of taxes under this Chapter shall be made payable to the collector of revenue; and the amount may be paid by check, bank draft, post office money order, express money order, electronic funds transfer, or credit or debit cards.

H. Bad checks. If any check or money order in payment of any amount receivable under this Chapter is not duly paid, in addition to any other penalties provided by law, there shall be paid in the same manner as tax by the person who tendered such check, upon demand by the collector, a penalty equal to 1 percent of the amount of such check, except that if the amount of such check is less than $500, the penalty under this Section shall be $5 or the amount of such check, whichever is the lesser. This Section shall not apply where it is established to the satisfaction of the collector that the person tendering such check was in good faith and did so with reasonable cause to believe that it would be duly paid.

Added by Acts 1960, No. 342, §1; Amended by Acts 1960, No. 342, §1; Acts 1986, No. 60, §1, eff. Jan. 1, 1986; Acts 2001, No. 1032, §15; Acts 2004, No. 900, §1, eff. Jan. 1, 2005; Acts 2015, No. 130, §1, eff. July 1, 2015.

NOTE: See Acts 1986, No. 60, §§2, 3.