2010 Flex Fuel Refund Claims Prescribe after December 31, 2014
Any claim for the Alternative Fuel Tax Credit for a flex fuel vehicle purchased in 2010 will prescribe after December 31, 2014. The prescriptive period for filing a refund claim (e.g., an amended return claiming the credit) is three years from December 31st of the year the taxes were due, or one year from payment, whichever is later. Therefore, it is still possible to amend 2010 and later year returns. 2010 will prescribe after Dec. 31, 2014 (2010 income taxes are due in 2011, three years from Dec. 31 of 2011 is Dec. 31 of 2014).
In May 2014, the Louisiana Board of Tax Appeals (BTA) rendered its first and only decision on the merits to this point on the more than 700 cases involving the Alternative Fuel Tax Credit. The BTA ruled in favor of the taxpayers. The BTA’s judgment said, "A reasonable interpretation of the statute, the evidence, and testimony in the case is sufficient justification for a finding by the Board that the Petitioners are entitled to the Alternative Fuel Tax Credit Petitioners seek under law. The Revenue Department is ordered to issue the tax credit provided by statute to the Petitioners.”