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Ord 2008-017
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Ord 2008-017
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12/16/2008 9:14:15 AM
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12/16/2008 9:14:11 AM
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CM City Clerk-City Council
CM City Clerk-City Council - Document Type
Ordinance
Document Date (6)
12/15/2008
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PERM
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Reso 2008-143
(Reference)
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\City Clerk\City Council\Resolutions\2008
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(c) The Tax Administrator shall have the power to impose additional penalties upon <br />persons required to collect and remit taxes pursuant to the provisions of this Chapter for <br />fraud or gross negligence in reporting or remitting at the rate of fifteen (15%) percent of <br />the amount of the tax collected and/or required to be remitted, or as recomputed by the <br />Tax Administrator. <br />(d) For collection purposes only, every penalty imposed and such interest that is accrued <br />under the provisions of this section shall become a part of the tax herein required to be <br />paid. <br />(e) Notwithstanding the foregoing, the Tax Administrator may, in his or her discretion, <br />modify the due dates of this Chapter to be consistent with any uniform standards or <br />procedures that are mutually agreed upon by other public agencies imposing a utility <br />users tax, or otherwise legally established, to create a central payment location or <br />mechanism. <br />2-17-145 Actions to Collect. <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 <br />to 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 <br />shall be liable to an action brought in the name of the City for the recovery of such <br />amount, including penalties and interest as provided for in this Chapter, along with any <br />collection costs incurred by the City as a result of the person's noncompliance with this <br />Chapter, including, but not limited to, reasonable attorneys fees. Any tax required to be <br />collected by a service supplier or owed by a service user is an unsecured priority excise <br />tax obligation under 11 U. S. C.A. Section 507(a) (8) (C). <br />2-17-150 Deficiency Determination and Assessment -Tax Application Errors. <br />(a) The Tax Administrator shall make a deficiency determination if he or she determines <br />that any person required to pay or collect taxes pursuant to the provisions of this Chapter <br />has failed to pay, collect, and/or remit the proper amount of tax by improperly or failing <br />to apply the tax to one or more taxable services or charges. Nothing herein shall require <br />that the Tax Administrator institute proceedings under this Section 2-17-150 if, in the <br />opinion of the Tax Administrator, the cost of collection or enforcement likely outweighs <br />the tax benefit. <br />(b) The Tax Administrator shall mail a notice of such deficiency determination to the <br />person required to pay or remit the tax, which notice shall refer briefly to the amount of <br />the taxes owed, plus interest at the rate of 75/100ths (0.75%) percent per month, or any <br />fraction thereof, on the amount of the tax from the date on which the tax should have <br />been received by the City. Within fourteen (14) calendar days after the date of service of <br />ORDINANCE NO. 2008-017 10 <br />
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