Louisiana Revised Statutes — Title 47 (Revenue and Taxation)
La. R.S. 47:864
Affixing stamps; penalty; compromises
# A.
Penalty.
# (1)
Any dealer required by this Chapter to affix the stamps who fails to properly affix or cancel such stamps within the time limit prescribed by law shall, in addition to the taxable articles being subject to seizure, be required to pay as a part of the tax imposed hereunder a penalty for a first offense of one dollar per article; for a second offense, five dollars per article; and for a third offense, ten dollars per article. For any offenses in excess of three, the fine will be not less than twenty dollars per article nor more than one hundred dollars per article to be assessed and collected by the secretary as other taxes levied by this Chapter are collected.
# (2)
Any dealer who affixes stamps to cigarettes in violation of R.S.
47:843(D)(2) shall be subject to the same penalties as provided in Paragraph
(1) of this Subsection.
# B.
Subsequent offenses. For purposes of determining second and third or more offenses, any offenses occurring within a five-year period of each other will be considered additional offenses for purposes of this Chapter.
# C.
Compromises. The collector may compromise in a civil case arising under the provisions of this Chapter and any collections made by him on such compromises shall be handled in the same manner as the collections of the tax are handled. When any case is compromised, the collector shall keep a complete record of the transaction on file in his office.
Amended by Acts 1974, No. 416, §1, eff. Jan. 1, 1975; Acts 1999, No.
304, §1, eff. July 1, 1999.
Source: view the official text
In this chapter (31 sections)
- 47:841 · Imposition of tax
- 47:841.1 · Tobacco Tax Health Care Fund
- 47:841.2 · Repealed by Acts 2018, No. 612, §22, eff. July 1, 2020
- 47:842 · Definitions
- 47:843 · Use of stamps or meter impression required; limitations
- 47:844 · Dealer permits
- 47:845 · Repealed by Acts 1974, No. 414, §2, eff. Jan. 1, 1975
- 47:846 · Secretary's authority to revoke license or permits
- 47:847 · Dealers required to affix stamps
- 47:848 · Tobacco dealers required to furnish bond; waiver
- 47:849 · Interstate business of tobacco dealers
- 47:850 · Repealed by Acts 1974, No. 415, §2, eff. Jan. 1, 1975
- 47:851 · Monthly reports required; dealers receiving unstamped…
- 47:852 · Dealers required to furnish duplicate invoices
- 47:853 · Examination of invoices and determination of tax by secretary
- 47:854 · Declaration of intent and purpose of Chapter
- 47:855 · Exemption from tax
- 47:856 · Enforcement by collector
- 47:857 · Refunds
- 47:858 · Certain acts declared felonies
- 47:859 · Certain acts declared misdemeanors
- 47:860 · Collector authorized to search and seize
- 47:861 · Intrastate transportation of unstamped articles prohibited
- 47:862 · Importation of unstamped articles, except by common carrier,…
- 47:863 · Procedure for seizure, forfeiture, and sale of vehicles used…
- 47:864 · Affixing stamps; penalty; compromises
- 47:865 · Seizure and forfeiture of unstamped taxable articles
- 47:866 · Release of seized property in certain cases
- 47:867 · Collector authorized to waive forfeiture proceedings in…
- 47:868 · Regulations of metered machines or devices
- 47:869 · Disposition of collections