La. Admin. Code tit. 61 § I-913
Current through Register Vol. 50, No. 8, August 20, 2024
Section I-913 - Exempt Disposal by DisposerA.R.S. 47:826(C) provides in part that if hazardous waste is received by a disposer and it is stored for 90 days or less and then not disposed of in a taxable manner, then the generator shall be entitled to a refund from the secretary for the amount of any taxes collected from the generator for that hazardous waste.B. Whenever waste is received by a disposer from a generator and stored for 90 days or less and then disposed of in a tax-free manner, the disposer must certify this to the generator. The certification must identify the waste, the amount of waste, the invoice on which the tax was charged, and the amount of tax collected. The generator may take credit on his return for the amount of tax paid on the certification exempt disposals, provided copies of certifications are attached to the return.C. When hazardous waste is to be disposed of in a tax-free manner, the Secretary of the Department of Revenue and Taxation may allow the disposer to post a surety bond, or other such financial assurances acceptable to the secretary, in lieu of payment of the tax. The minimum amount of the surety bond or other financial assurances shall not be less than the amount of the average quarterly tax liability that would have been due had no bond or financial assurance been pledged. If this alternate method is allowed, then both the generator and the disposer of the hazardous waste must attach a schedule to their quarterly tax reports, detailing all shipments and/or disposals of hazardous waste on which no tax was paid.D. Additionally, the disposer of the hazardous waste must enter into an agreement with the Department of Revenue and Taxation guaranteeing payment of the hazardous-waste tax in the event that the hazardous waste was not disposed of: E. Any disposer wishing to use this alternate method must submit a proposal to this department, in writing, for approval. Any disposer employing this method without proper approval or any disposer found not charging the tax may be assessed the fine outlined in R.S. 47:827.La. Admin. Code tit. 61, § I-913
Promulgated by the Department of Revenue and Taxation, Excise Taxes Section, LR 13:105 (February 1987).AUTHORITY NOTE: Promulgated in accordance with R.S. 47:826.