§1561.3. Special authority to recover nonrefundable tax credits
A. Except as provided in R.S. 47:1561.2, all tax benefits, including nonrefundable tax credits, previously granted to a taxpayer but later disallowed, may be recovered by the secretary through any collection remedy authorized by R.S. 47:1561 and initiated within any of the following:
(1) Two years from December thirty-first of the year in which the benefit was paid.
(2) Three years from December thirty-first of the year in which the taxes for the filing period were due.
(3) The time period for which prescription has been extended, as provided by R.S. 47:1580.
B. The only interest that may be assessed and collected on any recovered tax benefits amount is interest at a rate three percentage points above the rate provided in R.S. 9:3500(B), which shall be computed from the date of issuance to the date payment is received by the secretary.
C. The provisions of this Section are in addition to and shall not limit the authority of the secretary to assess or to collect under any other provision of law.
Acts 2018, No. 370, §1.
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