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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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(a) There is hereby imposed a tax upon every person in the City who uses telephone <br />communication services, including intrastate, interstate and international telephone <br />communication services. The tax imposed by this section shall be at the rate of six percent <br />(6%) of all charges made for such telephone communication services and shall be paid by the <br />person paying for such services. If the billing address of the service user is different from the <br />service address, the service address of the service user shall be used for purposes of imposing <br />the tax, regardless of where the telephone communication service may originate, terminate, <br />or pass through. Charges for mobile telecommunications services are subject to taxation <br />under this Chapter if the customer's place of primary use is in the City, regardless of where <br />the mobile telecommunications service may originate, terminate, or pass through. <br />(b) As used in this section, the term "telephone communication services" shall not include <br />"private mobile radio service," as defined in Part 20 of Title 47 of the Code of Federal <br />Regulations, or "private mobile service," as defined in 47 U.S.C.A. Section 332(d)(3), which <br />is not interconnected with the public switched network or is not provided over digital <br />networks by which communications with a substantial portion of the public is available (e. g., <br />voice using Internet protocol or VoIP). The tax imposed under subsection (a) of this section <br />shall not be imposed upon any person for using telephone communication services to the <br />extent that, pursuant to Sections 4252 and 4253 of the Internal Revenue Code, the amounts <br />paid for such communication services are exempt from or are not subject to the tax imposed <br />under Section 4251 of the Internal Revenue Code. In the event that the federal excise tax on <br />"communication services" as provided in Sections 4251, 4252 and 4253 of the Internal <br />Revenue Code is subsequently repealed, any reference in this Section 2-4-200 and in Section <br />2-4-105(r) to such law, including any related federal regulations, private letter rulings, case <br />law, and other opinions interpreting these sections, shall refer to that body of law that existed <br />immediately prior to the date of repeal, as well as to any judicial or administrative decision <br />interpreting such federal excise tax law which is published or rendered after the date of <br />repeal. <br />(c} As used in this section, the term "charges" shall include the value of any other services, <br />credits, property of every kind or nature, or other consideration provided by the service user <br />in exchange for the telephone communication services. The term "charges" shall also include <br />charges to a service user by a hotel or motel for telephone communication services used in <br />the City when such charges are incidental to the right of occupancy in such hotel or motel. <br />The collection of the tax from the service user shall be the responsibility of the hotel or motel <br />owner. "Charges" shall not include charges for services paid for by inserting coins in coin- <br />operated telephones except that where such coin-operated telephone service is furnished for a <br />guaranteed amount, the amounts paid under such guarantee plus any fixed monthly or other <br />periodic charge shall be included in the base for computing the amount of tax due. If a non- <br />taxable service and a taxable service are billed together under a single charge, the entire <br />charge shall be deemed taxable. <br />(d) The Tax Administrator, from time to time, may issue and disseminate to telephone <br />communication service suppliers that are subject to the tax collection requirements of this <br />Chapter, an administrative ruling identifying those telephone communication services that <br />are subject to the tax of subsection (a) above and/or identifies the sourcing of such services <br />ORDINANCE NO. 2004-014 <br />
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