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NS-1268.1
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NS-1268.1
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Last modified
1/3/2012 1:04:51 PM
Creation date
6/26/2003 10:08:05 AM
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City Clerk
Doc Type
Ordinance
Doc #
NS-1268.1
Date
7/21/1975
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ORDINANCE NO. NS-1268.1 (EMERGENCY) <br />PAGE FIVE <br /> <br />it may be refunded as provided in this section. No refund will <br />be considered by the Tax Administrator for a period in excess <br />of twelve (12) months prior to the date application is <br />received. <br /> <br /> (b) A person required to collect and remit taxes im- <br />posed under this Code may claim a refund or take as credit <br />against taxes collected and remitted the amount overpaid, <br />paid more than once or erroneously or illegally collected or <br />received when it is established in a manner prescribed by the <br />Tax Administrator that the service user from whom the tax has <br />been collected did not owe the tax; provided, however, that <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 <br />of this section unless the claimant establishes his right <br />thereto 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 <br />or gas services, in or upon any premises occupied by such <br />service user, provided the combined gross income of all mem- <br />bers of the household in which such user resided was less <br />than Seven Thousand Five Hundred Dollars ($7,500.00) for <br />the calendar year prior to the fiscal year (July 1 through <br />June 30) for which the exemption provided in this section <br />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 <br />such exempt individual or the duty of such exempt individual <br />to pay such taxes to the service supplier unless an exemption <br />is applied for by the service user and granted in accordance <br />with the provisions of subsection (b) hereof. <br /> <br /> (b) Any service user exempt from the taxes imposed <br />by this code because of the provisions of subsection (a) <br />above, may file an application with the Tax Administrator <br />at the Department of Finance, City Hall, for an exemption. <br />Such application shall be made upon forms supplied by the <br />Tax Administrator and shall recite facts under oath which <br />qualify the applicant for an exemption. The Tax Administrator <br />shall review all such applications and certify as exempt <br />those applicants determined to qualify therefor and shall <br />notify all service suppliers affected that such exemption <br />has been approved, stating the name of the applicant, the address <br />to which such exempt service is being supplied, the account <br />number, and such other information as may be necessary for <br />the service supplier to remove the exempt service user from <br />its tax billing procedure. Upon receipt of such notice, the <br />service supplier shall not be required to continue to bill <br />any further tax imposed by this code from such exempt service <br />user until further notice by the Tax Administrator is given. <br />The service supplier shall eliminate such exempt service <br />user from its tax billing procedure upon receipt of such <br />notice from the Tax Administrator, no later than sixty (60) <br />days after receipt of such notice from the Tax Administrator. <br /> <br /> Ail exemptions shall continue and be renewed automati- <br />cally by the Tax Administrator so long as the prerequisite <br />facts supporting the initial qualification for exemption <br /> <br /> <br />
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