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Strategic Economics CSA Amnd1 20231106
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Strategic Economics CSA Amnd1 20231106
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Last modified
11/13/2023 2:50:25 PM
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CM City Clerk-City Council
CM City Clerk-City Council - Document Type
Agreement
Document Date (6)
11/6/2023
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PERM
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5G Consent
(Amended by)
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\City Clerk\City Council\Agenda Packets\2023\Packet 20231106
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5 <br /> <br />Exhibit 1 <br /> <br />CONFIDENTIALITY STANDARDS <br />Following the Rules <br /> <br />Sales Tax Information – Non-Disclosure <br /> <br />Sales tax data is required to be kept confidential by Revenue and Taxation Code Section 7056. Thus, it is <br />unlawful for any person who obtains access to sales and use tax records, to make known in any manner <br />the information disclosed on any [tax] return, including any abstract thereof. Accordingly, a local agency <br />may not disclose amounts of tax paid, whether tax amounts are up or down from a prior period, or any <br />other information that would reveal the business affairs or operations of a business. <br /> <br />Though confidential by law, sales and use tax information can be used by local government officials if the <br />use is “related to collection of local sales and use taxes” or “related to other governmental functions of the <br />county, city and county, or city.” Permit administrators, finance or revenue managers, economic <br />development staff, redevelopment and community development personnel, and business license officials <br />can benefit from access to local sales and use tax allocation information. However, only those positions <br />or individuals authorized by resolution of the governing body (City Council or Board of Supervisors) may <br />have access to confidential data and each person so authorized is required to abide by the provisions of <br />Revenue and Taxation Code Section 7056. <br /> <br />Combined Information May Be Disclosed <br /> <br />Sales tax payments for groups of businesses may be revealed to the general public if the socalled “gang <br />of four” and “80%” rule are followed. These rules allow combined data for four or more businesses to be <br />released as long as no single member of the group is the source of a disproportionate percentage, <br />defined herein as 80%, of the group total. The “group” may be defined as businesses in the same <br />shopping center, a specific business type such as new auto sellers, or businesses sharing the same <br />major business group. <br /> <br />• The “gang of four” rule must be four separate businesses with individual sellers’ permit numbers. <br />For example, if the group includes four outlets and two of the outlets are sub-outlets under the <br />same sellers’ permit number then those two outlets are counted as one toward the overall “gang <br />of four” rule. <br />• A business with a current allocation that has since closed its sellers’ permit cannot be counted <br />toward the “gang of four” rule. <br />• A new business with an active sellers’ permit that has yet to commence reporting sales cannot be <br />counted toward the “gang of four” rule. <br />• If the total amount for a particular group is negative that group cannot be disclosed. <br /> <br />Pursuant to an Executive Order signed by Governor Wilson in April 1994, it is also possible to publish a <br />list of the top sales tax generators if all of the following conditions are met: <br /> <br />• At least 25 retailers are included. <br />• Businesses are presented in random or alphabetical order. <br />• Businesses are not ranked by amount paid. • Sales or use tax amounts are omitted. <br />DocuSign Envelope ID: 3909018E-C54B-4015-BC81-6ABDDACCB4E9
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