Louisiana Administrative Code › Title 61 - REVENUE AND TAXATION › Part I - Taxes Collected and Administered by the Secretary of Revenue › Chapter 11 - Corporation Income Tax › Section I-1168 - Notice of Fiduciary Relationship

Current through Register Vol. 50, No. 6, June 20, 2024
A. Notice. As soon as the secretary receives
				notice that a person is acting in a fiduciary capacity, such fiduciary must,
				except as otherwise specifically provided, assume the powers, rights, duties,
				and privileges of the taxpayer with respect to the income tax imposed by Part
				II.A of Chapter 1. If the person is acting as a fiduciary for a transferee or
				other person subject to the liability specified in
				R.S.
				47:287.682, such fiduciary is required to
				assume the powers, rights, duties, and privileges of the transferee or other
				person under that section. The amount of the tax or liability is ordinarily not
				collectible from the personal estate of the fiduciary, but is collectible from
				the estate of the taxpayer or from the estate of the transferee or other person
				subject to the liability specified in
				R.S.
				47:287.682. (See however
				R.S.
				47:1673). The "notice to the secretary"
				provided for in
				R.S.
				47:287.683 shall be a written notice signed
				by the fiduciary and filed with the secretary. The notice must state the name
				and address of the person for whom the fiduciary is acting, and the nature of
				the liability of such person; that is, whether it is a liability for tax, and
				if so, the year or years involved, or a liability at law or in equity of a
				transferee of property of a taxpayer, or a liability of a fiduciary in respect
				of the payment of any tax from the estate of the taxpayer. Any such written
				notice which has previously been filed with the secretary shall be considered
				as sufficient notice. Unless there is already on file with the secretary
				satisfactory evidence of the authority of the fiduciary to act for such person
				in a fiduciary capacity, such evidence must be filed with and made a part of
				the notice. If the fiduciary capacity exists by order of court, a certified
				copy of the order may be regarded as such satisfactory evidence. When the
				fiduciary capacity has terminated, the fiduciary, in order to be relieved of
				any further duty or liability as such, must file with the secretary written
				notice that the fiduciary capacity has terminated as to him, accompanied by
				satisfactory evidence of the termination of the fiduciary capacity. The notice
				of termination should state the name and address of the person, if any, who has
				been substituted as fiduciary.
B.
				Effect of Failure to Give Notice. If the notice of the fiduciary capacity
				described in Subsection A above is not filed with the secretary before the
				sending of notice of assessment by registered mail to the last known address of
				the taxpayer, or the last known address of the transferee or other person
				subject to liability, no notice of the deficiency will be sent to the
				fiduciary. In such a case the sending of the notice to the last known address
				of the taxpayer, transferee, or other person, as the case may be, will be a
				sufficient compliance with the requirements of the income tax law, even though
				such taxpayer, transferee, or other person is deceased, or is under a legal
				disability, or in the case of a corporation, has terminated its existence.
				Under such circumstances if no petition is filed with the Board of Tax Appeals
				within 60 days after the mailing of the notice to the taxpayer, transferee, or
				other person, the assessment becomes final upon the expiration of such 60-day
				period and demand for payment will be made.
C. Definition. The term
fiduciary
means a guardian, trustee, executor, administrator,
				receiver, conservator, or any person acting in any fiduciary capacity for any
				person.
D. Limitation. This
				regulation shall not be taken to abridge in any way the powers and duties of
				fiduciaries provided for in other sections of the income tax law.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  47:287.683.