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Item 66 - Voter Ballot Measure: Restructure Non-Cannabis Business License Tax Rates & CH. 21 fo SAMC
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Item 66 - Voter Ballot Measure: Restructure Non-Cannabis Business License Tax Rates & CH. 21 fo SAMC
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Agenda Packet
Agency
Clerk of the Council
Item #
66
Date
6/21/2022
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Voter Ballot Measure Resolution to Restructure Business License Tax Code <br />June 21, 2022 <br />Page 4 <br />2 <br />7 <br />8 <br />4 <br />Staff also recommended a conversion in business license tax assessment <br />methodologies, minor adjustments to flat and variable flat rates for all other <br />businesses, and removal of a small number of obsolete business type categories. <br />Conversion of tax assessment methodologies. Convert ambulance <br />services, professional offices (doctors, engineers, attorneys, accountants, <br />etc.), and pawnbrokers and vehicles for hire (buses, limousines, etc.) from <br />variable and fixed flat rates to single gross receipts. <br />In addition to a changeover in assessment methodologies, minor adjustments to <br />flat and variable rates for all other businesses, removal of a small number of <br />obsolete business type categories, and the adjustment of business license <br />exclusions/exemptions to better reflect current circumstances and public policy <br />aims, staff recommended the adoption of a flexible Tax Holiday Program. <br />Establishment of a flexible Tax Holiday Program. The purpose of a Tax <br />Holiday Program would be to allow a flexible period (which will vary based <br />on a business’ tax status and assessment period) for unlicensed, past due, <br />or under-assessed businesses to obtain a valid business license or satisfy <br />unpaid or unassessed taxes. This is desirable as the proposed <br />restructuring of non-cannabis business license tax rates and tax <br />methodologies will result in a substantial portion of the City’s underground <br />economy become willing to surface and become legitimate licensed <br />businesses, contributing annually to the maintenance of the City’s <br />marketplace infrastructure. A Tax Holiday allows for two forms of tax <br />reconciliation: (1) unlicensed businesses may shed their past tax liability by <br />fully licensing themselves and paying all tax obligations for the current year; <br />and (2) licensed businesses who are past due for the current year or who <br />have been under-assessed may come current with their tax obligations <br />without penalty. Staff recommended that the Tax Holiday Program be for a <br />period of not less than 12 months. Staff also recommended that the <br />commencement and conclusion of the flexible Tax Holiday Program be at <br />the administrative discretion of the City Manager. In exercising this <br />discretion, staff recommended that the program conform to the differing tax <br />periods reflecting participating businesses’ underlying business license tax <br />assessment categories. <br />As part of Phase Two, annual Cost Price Index (“CPI”) adjustment of gross <br />receipts tax rates will cease with the adoption of the proposed of proportional rates. <br />However, annual CPI adjustment of the minimum basic gross receipts tax rate <br />amount, application and renewal processing charges, and other miscellaneous <br />charges, together with flat rates, and In Lieu Deposit amounts will continue as <br />these rates, charges, and amounts will otherwise erode in value over time due to <br />the effect of inflation. Proportional rates do not require adjustment as they rise and
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