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GENERAL INSTRUCTIONS - Louisiana

GENERAL INSTRUCTIONS - Louisiana

GENERAL INSTRUCTIONS -

CIFT-620 (01-03) Department of Revenue • Page 13 GENERAL INSTRUCTIONS IMPORTANT The Louisiana Revenue Account Number must be used on all tax documents and correspondence. Please use the return supplied by the Department and attach the pre-printed name and address label. Any change of address should be noted in the address area, and the box indicating that the address has changed should be marked. If a pre-printed return is unavailable, indicate the Louisiana Revenue Account Number, complete name, and current address on the tax return. If the address is different from that of the last return filed, mark the box indicating that the address has changed. Returns and instructions are available at all offices listed on page 24 and via the Department’s website, www.rev.state.la.us. PLEASE COMPLETE ALL APPLICABLE LINES AND SCHEDULES OF THE RETURN. Failure to furnish complete information will cause processing of the return to be delayed and may necessitate a manual review of the return. Every corporation should retain, for inspection by a revenue auditor, working papers showing the balance in each account on the corporation’s books used in preparing the return until the taxes to which they relate have prescribed. WHO MUST FILE? DOMESTIC CORPORATIONS – Corporations organized under the laws of Louisiana must file an income and franchise tax return (Form CIFT-620) each year unless exempt from both taxes. Corporation franchise tax for domestic corporations continues to accrue, regardless of whether any assets are owned or any business operations are conducted, until a “Certificate of Dissolution” is issued by the Louisiana Secretary of State. FOREIGN CORPORATIONS – Corporations organized under the laws of a state other than Louisiana that derive income from Louisiana sources must file an income tax return (Form CIFT-620), whether or not there is any tax liability. A foreign corporation is subject to the franchise tax if it meets any one of the criteria listed below: 1. Qualifying to do business in Louisiana or actually doing business within this state; or, 2. Exercising or continuing the corporate charter within this state; or, 3. Owning or using any part or all of the corporate capital, plant, or other property in this state in a corporate capacity. A corporation will be subject to the franchise tax if it meets the above criteria, even if it is not required to pay income tax under Federal Public Law 86-272. Corporation franchise tax for foreign corporations continues to accrue as long as the corporation exercises its charter, does business, or owns or uses any part of its capital or plant in Louisiana, and in the case of a qualified corporation, until a “Certificate of Withdrawal” is issued by the Louisiana Secretary of State. OTHER ENTITIES – Any entity taxed as a corporation for federal income tax purposes will also be taxed as a corporation for state income tax purposes. CONSOLIDATED GROUPS – Louisiana law does not provide for filing consolidated returns. Generally, separate corporate income and franchise tax returns must be filed by all corporate entities liable for a Louisiana tax return. S CORPORATIONS – Louisiana law does not recognize S corporation status, and an S corporation is required to file in the same manner as a C corporation. However, in certain instances, all or part of the corporation income can be excluded from Louisiana tax. For information on the S corporation exclusion of net income, refer to the instructions for Line 1B. EXEMPT CORPORATIONS – Louisiana Revised Statute 47:287.501 provides that an organization described in Internal Revenue Code Sections 401(a) or 501 shall be exempt from income taxation to the extent the organization is exempt from income taxation under federal law, unless the contrary is expressly provided. An organization claiming exemption under La. R.S. 47:287.501 must submit a copy of the Internal Revenue Service ruling establishing its exempt status. Refer to La. R.S. 47:287.501 for additional exemptions provided for banking corporations. Refer to La. R.S. 47:287.521, 526, 527, and 528 for information concerning the treatment of farmers’ cooperatives, other cooperatives, shipowners’ protection and indemnity associations, political organizations, and homeowners’ associations. Refer to La. R.S. 47:608 for information concerning those corporations exempt from franchise tax. Those corporations that meet the prescribed standards of organization, ownership, control, sources of income, and disposition of funds must apply for and secure a ruling of exemption from the Department. TIME AND PLACE FOR FILING On or before the 15th day of the fourth month (April 15, on a calendar year basis) following the close of an accounting period, an income tax return for the period closed and a franchise tax return for the succeeding period must be filed with the Secretary of Revenue, Post Office Box 91011, Baton Rouge, LA 70821-9011. If the due date falls on a weekend or holiday, the return is due the next business day and becomes delinquent the first day thereafter. Make payments to Louisiana Department of Revenue. DO NOT SEND CASH. Cash may be paid in person only if an official receipt is received from the Department of Revenue. EXTENSIONS OF TIME FOR FILING The Secretary may grant a reasonable extension of time to file the combined corporation income and franchise tax return not to exceed seven months from the due date of the tax return. Louisiana will recognize and accept the federal extension authorizing the same extended due date as the federal. A copy of the request filed with the Internal Revenue Service must be attached to the Louisiana return. If a federal extension has not been obtained or additional time is needed beyond the extended due date of the federal return, then Form CIFT-620EXT (Application for Automatic Extension of Time to File Corporation Income and Franchise Taxes Return) should be filed with the Department by the due date of the return for which the extension applies. (See inside back cover.) PERIODS TO BE COVERED The return must be filed for either a calendar year, a fiscal year (12-month accounting period ending on the last day of any month other than December), or a 52 - 53 week accounting period. The dates on which the period reported on the return begins and ends must be plainly stated in the appropriate space at the top of the return. The accounting period must be the same as that used for federal income tax purposes. RETURNS FOR PART OF THE YEAR For information concerning returns filed for part of the year, refer to the instructions for Lines 2 and 9 on Pages 14 and 16 of this booklet for instructions on annualization and proration. AMENDED RETURNS In order to amend the amounts reported for the computation of income or franchise taxes, the taxpayer must file a revised Page 1 of Form CIFT-620, along with a detailed explanation of the changes, and a copy of the federal amended return (Form 1120X), if applicable. The “AMENDED RETURN” box on the Louisiana form should be clearly marked.

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