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NS-2436
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Last modified
1/3/2012 1:01:59 PM
Creation date
6/26/2003 10:08:09 AM
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City Clerk
Doc Type
Ordinance
Doc #
NS-2436
Date
8/21/2000
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106 <br /> <br />(c) The duty to collect tax from a service user shall commence with the beginning of <br />the first full regular billing period applicable to that person which starts on or after the <br />operative date of this code. Where a person receives more than one (1) billing for <br />different periods, the duty to collect shall arise separately for each billing period. <br /> <br />(d) Whenever a service supplier negligently fails in its duty to determine and collect <br />the required tax from a service user, any other amount collected by the service supplier <br />from the service user shall then be subject to a constructive trust in the favor of the City <br />for the full amount of the uncollected tax. <br /> <br />Sec. 35-162. Duty to Remit- Procedures. <br /> <br />(a) Each person required by this code to remit a tax shall file a return with the tax <br />administrator on forms approved by the tax administrator on or before the due date in <br />accordance with section 35-163 of this code. The full amount of the tax owed shall be <br />included with the return and filed with the tax administrator. The tax administrator is <br />authorized to require such additional information as he or she deems necessary to <br />determine if the tax is being levied and collected in accordance with this code. Returns <br />are due immediately upon cessation of business for any reason. Pursuant to state <br />Revenue and Taxation Code Section 7284.6 as amended from time to time, the tax <br />administrator, and his or her agents, shall maintain such filing returns as confidential <br />information not subject to the Public Records Act. <br /> <br />(b) If a service supplier uses a billing agent or billing aggregator to bill, collect, and/or <br />remit the tax, the service supplier shall: i) provide to the tax administrator the name, <br />address and telephone number of each billing agent and billing aggregator currently <br />authorized by the service supplier to bill, collect, and/or remit the tax to the City; and, ii) <br />upon request of the tax administrator, deliver, or effect the delivery of, any information <br />or records in the possession of such billing agent or billing aggregator that, in the <br />opinion of the tax administrator, is necessary to verify the proper application, <br />calculation, collection and/or remittance of such tax to the City, <br /> <br />Sec. 35-163. Timely filing and remittance. <br /> <br />Returns and taxes may be filed and remitted by the following means: i) in person, ii) by <br />United States Mail, iii) by express carrier, and iv) by electronic means. Returns filed <br />and/or taxes remitted monthly, and actually received by the tax administrator on or <br />before the due dates provided in this code shall be deemed to be timely filed and/or <br />remitted; otherwise, the taxes are delinquent and subject to the penalties imposed <br />pursuant to section 35-164. Provided, however, that when the last day upon which a <br />return may be filed or a tax remitted falls on a Saturday, Sunday, or City, state, or <br />national holiday, a timely filing and remittance may be made upon the first following <br />working day, <br /> <br />A direct deposit, including electronic fund transfers and other similar methods of <br />electronically exchanging monies between financial accounts, made by a service <br /> <br />Ordinance No. NS-2436 <br />Page 12 of 22 <br /> <br /> <br />
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