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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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111 <br /> <br />entitlement thereto. Nothing herein shall permit the filing of a claim on behalf of a class <br />or group of taxpayers. <br /> <br />(c) The submission of a written claim, which is acted upon by the City, shall be a <br />prerequisite to a suit thereon as provided in accordance with state Government Code <br />Section 935, as amended from time to time. The City shall act upon the refund claim <br />within the time period set forth in state Government Code Section 912.4, as amended <br />from time to time. If the City fails or refuses to act on a refund claim within the time <br />prescribed by state Government Section 912.4, the claim shall be deemed to have been <br />rejected by the City on the last day of the period within which the City was required to <br />act upon the claim as provided in state Government Code Section 912.4. <br /> <br />(d) Notwithstanding subsection (b) above, a service supplier shall be entitled to take <br />any overpayment as a credit against an underpayment whenever such overpayment <br />has been received by the City within the three years next preceding a notice of tax <br />deficiency or assessment by the tax administrator, or during any year for which the <br />service supplier, at the request of the tax administrator, has executed a waiver of the <br />defense of the statute of limitations with regard to any claim the City may have for a <br />utility users tax. Under no circumstances shall an overpayment taken as a credit <br />against an underpayment pursuant to this subsection quality a service supplier for a <br />refund to which it would not otherwise be entitled under the twelve (12) month written <br />claim requirement of this section. <br /> <br />Sec. 35-170. Low income household exemption. <br /> <br />(a) The utility users tax imposed by this code shall not apply to any service user who <br />use~ telephone, electric, gas or water services in or upon any premises occupied by <br />such service user, provided the combined gross income of all members of the <br />household in which such user resided was less than the iow income household <br />exemption level for the calendar year prior to the fiscal year (July 1 through June 30) for <br />which the exemption provided in this section is applied for. The Iow income household <br />exemption level shall be established by resolution of the city council. <br /> <br />The exemption granted by this section shall not eliminate the duty of the service <br />supplier to collect taxes from such exempt individual or the duty of such exempt <br />individual to pay such taxes to the service supplier, unless an exemption is applied for <br />by the service user and granted in accordance with the provisions of subsection (b) <br />hereof. <br /> <br />(b) Any service user exempt from the taxes imposed by this code because of the <br />provisions of subsection (a) above may file an application with the tax administrator for <br />an exemption. Such application shall be made upon forms supplied by the tax <br />administrator and shall recite facts under oath which qualify the applicant for an <br />exemption. The tax administrator shall review all such applications and certify as <br />exempt those applicants determined to qualify therefor notify all service suppliers <br />affected that such exemption has been approved, stating the name of the applicant, the <br /> <br />Ordinance No. N$-2436 <br /> Page 17 of 22 <br /> <br /> <br />
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