- Are tax return filing extensions available to victims of Hurricane Gustav?
Yes. For income and corporation franchise taxes, the state will be granting the same filing extensions as the Internal Revenue Service. To be eligible for the extension, the taxpayer must be located or their tax preparer’s records located in a parish declared a natural disaster area and the taxpayer granted an original filing extension.
For withholding, excise, sales, and severance taxes, hurricane extensions have been granted from the original filing due dates.
Hurricane Gustav filing extensions have been granted as follows:
|Individual Income||9/1/08 - 1/5/2009||1/5/2009||RIB 08-024|
|Withholding||9/1/08 - 9/16/08||9/16/08||RIB 08-025|
|Excise||9/1/08 - 9/30/2008||10/15/2008||RIB 08-026|
- Which parishes qualify for the Hurricane Gustav extensions?
The Hurricane Gustav filing extensions only apply to residents or businesses located in parishes that were declared a Hurricane Gustav disaster area.
Taxpayers not in the covered disaster area, but whose books, records, or tax professionals’ offices are in the covered disaster area, are also entitled to relief.
Businesses that file consolidated corporation income and franchise tax returns and composite partnership returns with one or more locations in a qualifying Parish, or individual income tax returns that require information from flow-through entities located in a qualifying parish do not qualify for the additional Hurricane extension. If the original return is later amended based on information obtained from entities located in qualifying parishes and results in additional tax due, any interest or penalties assessed as a result of the amendment will be waived upon request and after verification of the circumstances.
The Louisiana Parishes that were declared Hurricane Gustav disaster areas are as follows:
|1. Acadia||16. Iberville||31. St. James|
|2. Allen||17. Jefferson||32. St. John the Baptist|
|3. Ascension||18. Jefferson Davis||33. St. Landry|
|4. Assumption||19. Lafayette||32. 34. St. Martin|
|5. Avoyelles||20. Lafourche||35. St. Mary|
|6. Beauregard||21. LaSalle||36. St. Tammany|
|7. Calcasieu||22. Livingston||37. Tangipahoa|
|8. Cameron||23. Orleans||38. Terrebonne|
|9. Catahoula||24. Plaquemines||39. Vermilion|
|10. East Baton Rouge||25. Pointe Coupee||40. Vernon|
|11. East Feliciana||26. Rapides||41. Washington|
|12. Evangeline||27. Sabine||42. West Baton Rouge|
|13. Franklin||28. St. Bernard||43. West Feliciana Parishes|
|14. Grant||29. St. Charles|
|15. Iberia||30. St. Helena|
- If I file my return and pay the tax due after the original due date but on or before the hurricane extension date, will I owe delinquent penalty or interest?
Yes. The Hurricane extension is an extension of time to file, not an extension of time to pay. You will not be assessed delinquent filing penalties, which are five percent per month not to exceed 25 percent. However, you will be assessed both delinquent payment penalty and interest. Delinquent payment penalty for individual income tax is ½ percent per month to a maximum of 25 percent. The delinquent payment penalty for all other taxes is five percent per month to a maximum of 25 percent. The delinquent payment penalty is based on the tax due for each 30 days and is calculated from the due date of the return until the date it is paid. It does not matter if the payment is one day late or 30 days late, the five percent will be assessed for each 30-day period.
For 2008, interest on unpaid taxes is assessed at the annual rate of 12.5 percent calculated on a daily basis. See Revenue Information Bulletin No. 08-001.
- If my withholding tax due date was September 16, 2008, do I receive an extended period of time in which to file?
No. The Hurricane Gustav extension allowed withholding tax returns due September 1, 2008 through September 16, 2008, until September 16, 2008 to file the tax return. See Revenue Information Bulletin No. 08-025.
Returns filed after the September 16, 2008, will be assessed the five percent per month delinquent filing penalty from the original due date of the return until the date the return was filed. In addition to the delinquent filing penalties, interest will be assessed on any taxes due from the due date of the payment until the date payment is made. Although delinquent filing and delinquent payment penalties will not be assessed for the same period of time, once the return is filed, delinquent payment penalty may be assessed if the amount due is not paid. The combined delinquent filing and delinquent payment penalties may not exceed 25 percent of the tax due.
- I did not have an extension to file my 2007 state income tax return, which was due on May 15, 2008? Can I qualify for the Hurricane Gustav filing extension until January 5, 2009?
No. To qualify for the Hurricane Gustav extension, you must have applied for an extension before the tax return’s original due date, which was May 15, 2008. The additional extension only applies to return filings due between September 1, 2008, and January 5, 2009. Your delinquent income tax return will be liable for delinquent penalties and interest on the amount of tax due.
- Although my business is not located in a qualifying parish, do I qualify to the Hurricane Gustav extension if my tax preparer is located in a qualifying parish?
Yes. Even if the taxpayer’s is not located in a qualifying disaster area parish, the taxpayer qualifies for the extension if the taxpayer’s books, records, or tax professionals’ offices are in the covered disaster area.
- If I file a consolidated sales tax return for multiple business locations and one or more of my business locations is in a qualifying disaster area parish, am I eligible for the hurricane extension.
No. You do not qualify for the hurricane extension. You must file the consolidated sales tax return by the original due date. You may estimate the taxes due for locations in the hurricane disaster parishes and file amended returns once the final reports are available. If additional taxes are due as a result of the corrected figures from businesses located in the qualifying parishes, you may request a waiver of the penalty and interest.