Penalties

If a return or payment is received after the due date, a delinquent penalty will be assessed. The initial penalty is 5 percent of the tax due and will increase by 5 percent every 30 days until it maxes out at 25 percent.

Revised Statute 47:1603 provides for waiver of the delinquent filing or delinquent payment penalties.

LAC 61:III.2101 provides the conditions under which delinquent penalties will be waived. If the failure to timely file the tax return or pay the tax due is not due to the taxpayer’s negligence but to other reasonable cause, the secretary may waive the delinquent filing or payment penalties.

To apply for delinquent penalty waiver, the taxpayer must submit a Request For Waiver Of Penalties For Delinquency, Form R-20128 Electronic Submission ( or Paper Form). If using the electronic submission, attach all applicable documents to the request, and any necessary payment can be made through the Louisiana Taxpayer Access Point.

If using the paper form, submit the request with payment, and a copy of the bill to the Collection Division, Post Office Box 201, Baton Rouge, LA 70821-0201.

You may also email the Department for any questions or for submitting the form via email at Income.Tax@la.gov.