by Patricia M. McDermott, Esq.
The Louisiana Department of Revenue is granting automatic filing extensions to taxpayers whose primary residences, principal places of business, critical tax records, or paid tax preparers are located in parishes within the federal disaster declaration, which includes Jefferson, Orleans, Plaquemines, and St. Bernard Parishes, as a result of Mississippi River seawater intrusion that began on September 20, 2023. (Louisiana Revenue Information Bulletin No. 23-026, 10/06/2023; News Release, Louisiana Department of Revenue, 10/09/2023.)
Individual, fiduciary, and partnership income tax extension. Louisiana law allows an automatic six-month extension of time to file individual, fiduciary, and partnership income tax returns. For 2022 calendar year filers, the due date is May 15, 2023, and the extended due date is November 15, 2023. Therefore, for qualifying taxpayers with a calendar or fiscal year due date or extended due date on or after September 20, 2023, and before February 15, 2024, the automatic extended due date is February 15, 2024.
Corporate income tax extensions. Louisiana law provides for an automatic extension of time to file the corporation income tax return, provided the taxpayer timely requested an extension of time to file the federal return for the same taxable period. In such case, the extension is equal to the greater of six months or the extended due date of the federal return. For 2022 calendar year taxpayers, the due date is May 15, 2023, and the extended due date is the greater of November 15, 2023, or the extended due date of the federal return. Therefore, for qualifying taxpayers, with a calendar or fiscal year extended due date on or after September 20, 2023, and before February 15, 2024, the automatic extended due date is February 15, 2024. For qualifying taxpayers with a fiscal year original due date between September 20, 2023, and February 14, 2024, but who fail to timely request an extension of time to file the federal return for the same taxable period, the automatic extended due date is February 15, 2024.
Corporation franchise tax extensions. The corporate income tax extension provisions also apply to taxpayers filing a corporation franchise tax return in conjunction with the corporation income tax return. For qualifying taxpayers filing a franchise tax only return with a fiscal year original due date between September 20, 2023, and February 14, 2024, the automatic extended due date is February 15, 2024.
Extensions based on location. Automatic extensions are based on the taxpayer’s location address on file with Department. If a taxpayer’s location address is not within the aforementioned parishes, the taxpayer may be eligible for penalty relief, although an automatic extension does not apply.
Interest and penalties. No late filing penalty will be due if a tax return is submitted by the extended deadline. Any return on which a penalty began accruing before September 20, 2023, is not eligible for this administrative relief. The extension is only an extension to file. For both calendar and fiscal year filers, interest and penalties will continue to apply to any payments submitted after the original due date.
