§ I-1305. Income Tax Schedule Requirement for Certain Nonresident Professional Athletes and Professional Sports Franchises
A. If the Louisiana income tax of a nonresident professional athlete or professional sports franchise is attributable to the Sports Facility Assistance Fund, created by R.S. 39:99, the following schedule must be attached to any income tax return filed, including individual, corporate, fiduciary, trust, or composite income tax returns. Each nonresident professional athlete and professional sports franchise with Louisiana source income must attach a schedule to the required Louisiana income tax return, including a team composite return, that includes the following information:
1. the name of each facility, course, stadium, or arena at which they earned income in Louisiana;
2. the location of each facility, course, stadium, or arena at which they earned income in Louisiana; and
3. the number of duty days, as defined in LAC 61:I.1304.I, spent at each facility, course, stadium, or arena at which they earned income in Louisiana.
B. For purposes of this Section only, these terms are defined as follows.
Professional Athlete-an athlete that either plays for a professional sports franchise or who is a member of a professional sports association or league.
Professional Sports Association or League-any of the following:
a. Professional Golfers Association of America;
b. National Football League;
c. National Basketball Association;
d. National Hockey League;
e. East Coast Hockey League;
f. Pacific Coast League.
Professional Sports Franchise-a member team of a professional sports association or league.
C. Nonresident professional athletes, if required to file an individual income tax return, must utilize Louisiana Nonresident Professional Athlete form IT-540B-NRA.
D. Based on R.S. 47:1602.1, the failure to timely make and file any return or schedule required by the secretary to administer the provisions of the Sports Facility Assistance Fund will result in a penalty of $500 for the first such failure, $1,000 for the second such failure within a three year period beginning on the due date of the first delinquent return, and $2,500 for each subsequent failure within the three year period beginning on the due date of the first delinquent return.
E. Based on R.S. 47:1604.1, if any taxpayer fails to make any return or makes an incorrect return, under circumstances indicating willful negligence or intentional disregard of rules and regulations, but with no intent to defraud, shall cause a penalty to be imposed, in addition to any other penalties provided, of 5 percent of the tax or deficiency found to be due, or $10 whichever is greater.(Promulgated by the Department of Revenue, Policy Services Division, LR 28:98 (January 2002), amended LR 34:446 (March 2008).)
AUTHORITY NOTE: Promulgated in accordance with R.S. 39:100.1, R.S. 47:101(A)(3), R.S. 47:295, R.S. 47:1511, R.S. 47:1602.1, and R.S. 47:1604.1.
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