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<br />ORDINANCE NO. NS-2l32 <br />PAGE SEVEN <br /> <br />401 <br /> <br />(b) A person required to collect and remit taxes imposed <br />under this code may claim a refund or take as credit against <br />taxes collected and remitted the amount overpaid, paid more <br />than once or erroneously or illegally collected or received <br />when it is established in a manner prescribed by the tax <br />administrator that the service user from whom the tax has been <br />collected did not owe the tax; provided, however, that neither <br />a refund nor a credit shall be allowed unless the amount of <br />the tax so collected has either been refunded to the service <br />user or credited to charges subsequently payable by the <br />service user to the person required to collect and remit. <br /> <br />(c) No refund shall be paid under the provisions of this <br />section unless the claimant establishes his right thereto by <br />written records showing entitlement thereto. <br /> <br />Sec. 35-166. <br /> <br />Low income household exemption. <br /> <br />(a) The utility users tax imposed by this code shall not <br />apply to any service user who uses telephone, electric or gas <br />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 ten <br />thousand dollars ($10,000.00) for the calendar year prior to <br />the fiscal year (July 1 through June 30) for which the <br />exemption provided in this section is applied for. <br /> <br />The exemption granted by this section shall not eliminate <br />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 <br />department of finance, city hall, for an exemption. Such <br />application shall be made upon forms supplied by the tax <br />administrator and shall recite facts under oath which qualify <br />the applicant for an exemption. The tax administrator shall <br />review all such applications and certify as exempt those <br />applicants determined to qualify therefor and shall notify all <br />service suppliers affected that such exemption has been <br />approved, stating the name of the applicant, the address to <br />which such exempt service is being supplied, the account <br />number, and such other information as may be necessary for the <br />service supplier to remove the exempt service user from its <br />tax billing procedure. Upon receipt of such notice, the <br />service supplier shall not be required to continue to bill any <br />further tax imposed by this code from such exempt service user <br />until further notice by the tax administrator is given. The <br /> <br />7 <br /> <br />i <br />