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Ord 2004-014
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Ord 2004-014
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11/5/2007 11:20:11 AM
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CM City Clerk-City Council
CM City Clerk-City Council - Document Type
Ordinance
Document Date (6)
7/6/2004
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full amount of the tax collected shall be included with the return and filed with the Tax <br />Administrator. The Tax Administrator is authorized to require such additional information as <br />he or she deems necessary to determine if the tax is being levied, collected, and remitted in <br />accordance with this Chapter. Returns are due immediately upon cessation of business for <br />any reason. Pursuant to Revenue and Tax Code Section 7284.6, the Tax Administrator, and <br />its agents, shall maintain such filing returns as confidential information exempt from <br />disclosure provisions of the Public Records Act. <br />Section 12. Section 2-4-225 ACTIONS TO COLLECT of the San Leandro Municipal Code is <br />hereby amended to read as follows: <br />Any tax required to be paid by a service user under the provisions of this Chapter shall be <br />deemed a debt owed by the service user to the City. Any such tax collected from a service <br />user which has not been remitted to the Tax Administrator shall be deemed a debt owed to <br />the City by the person required to collect and remit and shall no longer be a debt of the <br />service user. Any person owing money to the City under the provisions of this Chapter shall <br />be liable to an action brought in the name of the City for the recovery of such amount, <br />including penalties and interest as provided for in this Chapter, along with any collection <br />costs incurred by the City as a result of the person's noncompliance with this Chapter, <br />including, but not limited to, reasonable attorneys fees and court costs. Any tax required to <br />be collected by a service supplier or owed by a service user is an unsecured priority excise <br />tax obligation under I1 U. S.C.A. Section 507(a)(8)(C). <br />Section 13. Section 2-4-230 COLLECTION PENALTIES -SERVICE SUPPLIERS AND <br />SELF-COLLECTORS of the San Leandro Municipal Code is hereby amended to read as <br />follows: <br />(a) Taxes collected from a service user, or self-collected by a service user subject to Section <br />2-4-215 of this Chapter, are delinquent if not received by the Tax Administrator on or before <br />the due date. Should the due date occur on a weekend or legal holiday, the return must be <br />received by the Tax Administrator on or before the first regular working day following the <br />weekend or legal holiday. A direct deposit, including electronic fund transfers and other <br />similar methods of electronically exchanging monies between fmancial accounts, made by a <br />service supplier in satisfaction of its obligations under this subsection, shall be considered <br />timely if the transfer is initiated on or before the due date, and the transfer settles into the <br />City's account on or before the following business day. <br />(b) If a service supplier, or a service user subject to Section 2-4-215 of this Chapter, fails to <br />remit any tax collected, on or before the due date, said person shall pay a penalty for such <br />delinquencies at the rate of fifteen percent (15%) of the total tax that is delinquent in the <br />remittance, and shall pay interest at the rate ofthree-quarters of one percent (3/4%) per month, <br />or any fraction thereof, on the amount of the tax, exclusive of penalties, from the date on <br />which the remittance first became delinquent, until paid. <br />(c) The Tax Administrator shall have the power to impose additional penalties upon persons <br />required to collect and/or remit taxes pursuant to the provisions of this Chapter for fraud or <br />ORDINANCR NO. 2004-014 11 <br />
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