75D - PH - BUSINESS LICENSE TAX ORDINANCE

Home Browse Search

SECTION 3: That section 21-3 [Definitions-Specific. definition of "Gross Receipts", definition of "Person", and definition of "Transact and Carry-on'] of Chapter 21 of the Santa Ana Municipal Code are hereby amended and shall read as follows [new language in bold, deleted language in etrikeou ]: Gross receipts shall include the total amount of the sale price of all sales and the total amount charged or received for the performance of any act or service of whatever nature it may be, for which a charge is made or credit allowed, whether or not such act or service is done as a part of or in connection with the sale of materials, goods, wares or merchandise. The following shall be included in "gross receipts": all receipts, rents, cash, credits and property of any kind or nature, without any deduction therefrom on account of the cost of property sold, the cost of materials used, labor or service cost, interest paid or payable, or losses or other expenses whatsoever. The following shall be excluded from "gross receipts": (a) Cash discounts allowed and taken on sales; (b) Credit allowed on property accepted as part of the purchase price and which property may later be sold; (c) Any tax required by law to be included in or added to the purchase price and collected from the consumer or purchaser; (d) Such part of the sale price of property returned by purchasers upon rescission of the contract of sale as is refunded either in cash or by credit; (e) Amounts collected for others where the business is acting as an agent or trustee to the extent that such amounts are paid to those for whom collected, provided the agent or trustee has furnished the collector with the names and addresses of the others and the amounts paid to them, other than amounts received as commissions or fees earned, or charges of any character made or compensation of any character received for the performance of any service as agent or trustee; provided that any agent or trustee dealing in stocks or other similar written instruments evidencing a right to participate in the assets of any business, or dealing in bonds or other evidences of indebtedness, who also deals in such property as a principal, shall include in the gross receipts by which the tax is measured the amount of his or her trading profits resulting therefrom. No deduction from receipts attributable to trading as a principal shall be made unless such deduction is provided for in this section; (f) The difference between the balance owed and paid on a defaulted purchase or finance contract upon repossession by seller and the amount Page 3 75D-5