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ORDINANCE NO. NS-1268 <br />PAGE FIVE <br /> <br />neither a refund nor a credit shall be allowed unless the <br />amount of the tax so collected has either been refunded to <br />the service user or credited to charges subsequently payable <br />by the service user to the person required to collect and <br />remit. <br /> <br /> (c) No refund shall be paid under the provisions of <br />this section unless the claimant establishes his right thereto <br />by written records showing entitlement thereto. <br /> <br />Sec. 35-165. Low Income Household Exemption. <br /> <br /> (a) The utility users tax imposed by this code shall <br />not apply to any service user who uses telephone, electric or <br />gas services, in or upon any premises occupied by such service <br />user, provided the combined gross income of all members of the <br />household in which such user resided was less than Seven Thou- <br />sand Five Hundred Dollars ($7,500.00) for the calendar year prior <br />to the fiscal year (July 1 through June 30) for which the exemption <br />provided in this section is applied for. <br /> <br /> The exemption granted by this section shall not elimi- <br />nate the duty of the service supplier to collect taxes from such <br />exempt individual or the duty of such exempt individual to pay <br />such taxes to the service supplier unless an exemption is <br />applied for by the service user and granted in accordance with <br />the provisions of subsection (b) hereof. <br /> <br /> (b) Any service user exempt from the taxes imposed by <br />this code because of the provisions of subsection (a) above, <br />may file an application with the Tax Administrator at the De- <br />partment of Finance, City Hall, for an exemption. Such appli- <br />cation shall be made upon forms supplied by the Tax Adminis- <br />trator and shall recite facts under oath which qualify the <br />applicant for an exemption. The Tax Administrator shall review <br />all such applications and certify as exempt those applicants <br />determined to qualify therefor and shall notify all service <br />suppliers affected that such exemption has been approved, stating <br />the name of the applicant, the address to which such exempt ser- <br />vice is being supplied, the account number, and such other infor- <br />mation as may be necessary for the service supplier to remove <br />the exempt service user from its tax billing procedure. Upon <br />receipt of such notice, the service supplier shall not be re- <br />quired to continue to bill any further tax imposed by this code <br />from such exempt service user until further notice by the Tax <br />Administrator is given. The service supplier shall eliminate <br />such exempt service user from its tax billing procedure upon <br />receipt of such notice from the Tax Administrator, no later than <br />sixty (60) days after receipt of such notice from the Tax Adminis- <br />trator. <br /> <br /> Ail exemptions shall continue and be renewed automati- <br />cally by the Tax Administrator so long as the prerequisite facts <br />supporting the initial qualification for exemption shall continue; <br />provided, however, that the exemption shall automatically ter- <br />minate with any change in the service address or residence of <br />the exempt individual; further provided such individual may <br />nevertheless apply for a new exemption with each change of <br />address or residence. Any individual exempt from the tax shall <br />notify the Tax Administrator within ten (10) days of any change <br />in fact or circumstance which might disqualify said individual <br />from receiving such exemption. It shall be a misdemeanor for <br />any person to knowingly receive the benefits of the exemptions <br />provided by this section when the basis for such exemption either <br />does not exist or ceases to exist. <br /> <br /> <br />