11A - ORDINANCE - BUSINESS LICENSE TAX PENALTY ABATEMENT

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Sec. 21-80.1. Same -Audit deficiency; application of penalty and interest; Voluntary compliance; effect - Abatement of penalty and interest; application. In the event that the collector or his or her designated agents, whether through an audit or otherwise, determine that any person has misstated their gross receipts amount or other criteria upon which their current or prior years' business license tax has been calculated resulting in an underpayment of the tax amount owed, the collector shall separately calculate the deficiency for each distinct license period affected and issue a statement of tax deficiency and add delinquency penalties as applicable to the amount of the tax deficiency in accordance with section 21-25, subsection (a) and section 21-83, subsection (a), together with interest as provided under sections 21-84 and 21-85, as applicable, until such time as the tax deficiency together with the accrued penalties and interest, are satisfied. Provided, however, that where any person voluntarily reports a tax deficiency such person's penalty and interest assessment on said deficiency shall be abated until the combined amount of tax, penalty and interest due is equalized to an amount equivalent to the amount of current and prior years' taxes owing as computed or determined based upon the business license tax rates and charges in effect for the most current tax year. In computing the abatement of accrued penalties and interest to arrive at a combined amount of tax, penalty and interest equivalent to the amount of the current or prior years' taxes owing as computed or determined based upon the business license tax rates in effect for the most current tax year the collector in his or her discretion may retain a sufficient amount of accrued penalty alone, or a sufficient amount of accrued interest alone, or any sufficient combination of accrued penalty amount and accrued interest amount necessary. Whenever the result of any audit performed pursuant to this chapter determines that any licensee has, exclusive of penalties and interest, underpaid the amount of their business license tax by ten (10) per cent or more of the total amount due, but not less than two hundred fifty dollars ($250), then an audit service fee in an amount as specified by resolution of the city council shall be applied. Sec. 21-83.1. Partial payment; not construed as meeting requirements of chapter- Installment payments and/or deferral; permitted - Written agreement to satisfy indebtedness; effect. (a) Except as provided in section 21-83, subsection (b), acceptance of any partial payment of business license tax or penalty or interest owing that is less than the amount required under the terms of this chapter shall not be construed as meeting the requirements of this chapter. No license or sticker, decal, tag, plate or symbol shall be issued, nor shall one which has been suspended or revoked be reinstated or reissued, to any person who, at the time of applying therefor, is indebted to the city for any delinquent business tax, unless such person, enters into an acceptable binding written agreement with the city to satisfy said delinquency within one (1) year. With the consent of Page 24 11 A-26