Louisiana § RS 47:803.1 - Cooperative agreements between states for collection and payment of taxes

§ RS 47:803.1. Cooperative agreements between states for collection and payment of taxes

A.  In lieu of the requirements of this Part with respect to licensing, bonding, reporting, and auditing, the secretary may, when in the interest of the state and its residents, enter into the International Fuel Tax Agreement or other cooperative compacts or agreements with another state or other states or provinces to permit base state or base jurisdiction licensing of persons importing motor fuel or diesel fuel into this state and liable for the tax levied by this Part, and to provide for the cooperation and assistance among the member states and provinces in the administration and collection of motor fuels consumption or use taxes.  

B.  The secretary is authorized to enter into such agreement on behalf of the state of Louisiana; but such agreement, arrangement, declaration, or amendment shall not be effective until stated in writing and filed with the secretary.  

C.  An agreement may provide:

(1)  For determining the base state for users, user records requirements, audit procedures, exchange of information, and persons eligible for tax licensing;

(2)  For defining qualified motor vehicles;

(3)  For determining if bonding is required;

(4)  For specifying reporting requirements and periods including defining uniform penalty and interest rates for late reporting;

(5)  For determining methods for collecting and forwarding of motor fuel taxes and penalties to another jurisdiction; and

(6)  For any other provisions as will facilitate the administration of the agreement.  

D.  The secretary may, as required by terms of the agreement, forward to officers of another state any information in the secretary's possession relative to the manufacture, receipt, sale, use, transportation, or shipment of motor fuels by any person.  The secretary may disclose to officers of another state the location of offices, motor vehicles, and other real and personal property of users of motor fuels.  

E.  The agreement may provide for each state to audit the records of persons based in the state to determine if the motor fuel taxes due each state are properly reported and paid.  Each state shall forward the finding of the audits performed on persons based in the state to each state in which the person has taxable use of motor fuels.  For persons not based in this state and who have taxable use of motor fuels in this state, the secretary may serve the audit findings received from another state in the form of a proposed assessment of the person as though an audit was conducted by the secretary.  

F.  Any agreement entered into under this Section shall not preclude the secretary from auditing the records of any person covered by the provisions of this Part.  

G.  The secretary may promulgate rules and regulations for the administration and enforcement of any such agreement.  

H.  The legal remedies and procedures for any person served with an order or proposed assessment under this Part shall be as prescribed by law.

I.  Persons licensed in accordance with the provisions of such agreement shall be considered fully licensed in Louisiana as a Motor Fuel/Diesel Fuel Importer For Use.  

Acts 1987, No. 54, §1, eff. June 8, 1987.