About Cease and Desist Orders
A Business Cease and Desist Order is an enforcement action that may be taken by the Louisiana Department of Revenue (LDR) when a business collects Louisiana sales tax or withholds Louisiana income tax from employee wages but fails to remit those funds to the State.
Under Louisiana law, the Secretary of Revenue may use a summary court process to require a business to show cause why it should not be ordered to cease operations because of unpaid trust taxes.
If you have received notice that a Business Cease and Desist Order has been filed against your business, contact the LDR Business Tax Enforcement Division immediately.
Phone
1-855-307-3893
Email
[email protected]
Why Did I Receive a Business Cease and Desist Order?
A Business Cease and Desist Order may be filed when a business:
- Collects Louisiana sales tax from customers but does not remit it to LDR.
- Withholds Louisiana income tax from employee wages but does not remit it to LDR.
- Fails to respond to notices or collection efforts involving unpaid trust taxes.
- Has unfiled returns associated with outstanding sales or withholding tax liabilities.
Trust taxes are taxes collected or withheld on behalf of the State of Louisiana. These funds do not belong to the business and must be remitted to LDR as required by law.
What Should I Do?
If you receive notice of a Business Cease and Desist Order:
- Log in to LaTAP to review your account balances, tax periods, payment history, unfiled returns, notices, and correspondence.
- Review the tax periods and liabilities identified in the notice.
- File any required delinquent returns.
- If possible, pay the outstanding balance through LaTAP.
- Contact the LDR Business Tax Enforcement Division immediately to discuss the action and the steps required to resolve your account.
- Provide any documentation requested by LDR.
Reviewing your account in LaTAP before contacting LDR can help you understand the outstanding liabilities and expedite the resolution process.
How Can I Resolve the Issue?
The steps required to resolve a Business Cease and Desist Order will depend on your account. They may include:
- Paying the outstanding balance in full.
- Filing all delinquent tax returns.
- Providing requested records or documentation.
- Correcting payments or returns that were applied incorrectly.
- Discussing available resolution options with Business Tax Enforcement, when applicable.
LDR will review your account and explain the actions required to address the outstanding trust tax liability.
How to Avoid Future Enforcement Actions
To help prevent future Cease and Desist Orders and other collection actions:
- File all required sales and withholding tax returns on time, even when you cannot pay the full amount due.
- Remit sales tax collected from customers and income tax withheld from employees by the applicable due dates.
- Review your account regularly through LaTAP.
- Monitor notices and correspondence issued by LDR.
- Keep your mailing address, email address, and responsible-party information current.
- Contact LDR promptly when you identify an unpaid liability or unfiled return.
- Do not ignore notices regarding trust tax delinquencies.
Taking action early may help prevent additional penalties, interest, court proceedings, and interruption of your business operations.