Was an amended Louisiana individual income-tax return a “final return” for calculating refund interest?

Plain-English summary

An amended Louisiana individual income-tax return was a claim for refund, not a “final return.”

That classification controlled which statute calculated interest on the refund. Interest on a refund claimed through an amended return was computed under La. R.S. 47:1624, not the final-return rule in La. R.S. 47:115.

Why the terms differed

The ruling said “amended return” was used in refund situations as another name for a claim for refund.

“Final return,” by contrast, appeared in withholding and estimated-payment provisions to distinguish the tax return filed for the year from estimated amounts paid before it.

The refund's underlying source did not change the classification.

Common questions

Q: Was an amended return a final return?

A: No.

Q: Which interest statute applied?

A: La. R.S. 47:1624.

Q: Did La. R.S. 47:115 apply to the amended-return refund?

A: No.

Q: Did the source of the refund matter?

A: No, according to the ruling.

Citations and references

• La. R.S. 47:115 — final-return refund interest provision discussed
• La. R.S. 47:1624 — interest on refund claims
• La. R.S. 47:287.86(H)(1)(a) — amended return as claim for refund example
• LAC 61:III.101.C — Revenue Ruling authority and reliance statement

Source

• Landing page: Louisiana Department of Revenue Policies
• Original PDF: LA Revenue Ruling 04-003

Original ruling text

Revenue Ruling
No. 04-003
March 30, 2004
Individual Income Tax
Relationship Between “Final Return” and “Amended Return” in Individual Income Tax Refund Situations Purpose This revenue ruling concerns the relationship between “final return” as that term is used in La. Rev. Stat. Ann. § 47:115 and the term “amended return”. The relationship between these terms has implications for the computation of individual income tax refund interest. If an amended return is a final return then refund interest on an amended return would be computed under the provisions of La. Rev. Stat. Ann. § 47:115. If an amended return is not a final return then refund interest on an amended return would be computed under the provisions of La. Rev. Stat. Ann. § 47:1624. Analysis/Discussion Neither the term “final return” or “amended return” is defined in Title 47 of the Louisiana Revised Statutes of 1950. The term amended return is used in income tax refund or credit situations as a synonym for “claim for refund.” For example, La. Rev. Stat. Ann. § 47:287.86(H)(1)(a) provides: (a) Ninety days after the date the request for tentative refund or claim for refund (amended return) is filed. The term “final return” is used, both in federal income tax law and the income tax provisions of Title 47, in provisions dealing with withholding and estimated payments. The term final return is used to differentiate the tax return filed for a tax year from the payments of amounts estimated to be due for that year. Conclusion For purposes of computing individual income tax refund interest, an amended return is a claim for refund. It is not a final return. Regardless of the “source” of the refund, interest on an individual income tax refund claimed on an amended return is computed under the provisions of La. Rev. Stat. Ann. § 47:1624, not under the provisions of La. Rev. Stat. Ann. § 47:115. Cynthia Bridges Secretary By:

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Michael D. Pearson
Senior Policy Consultant
Policy Services Division

A Revenue Ruling is written to provide guidance to the public and to Department of Revenue employees. It is issued under Section 61:III.101(C) of the Louisiana Administrative Code to apply principles of law to a specific set of facts. A Revenue Ruling does not have the force and effect of law and is not binding on the public. It is a statement of the department's position and is binding on the department until superseded or modified by a subsequent change in statute, regulation, declaratory ruling, or court decision.