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NS-2841
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Last modified
9/30/2013 12:35:48 PM
Creation date
2/20/2013 11:37:45 AM
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City Clerk
Doc Type
Ordinance
Doc #
NS-2841
Date
2/4/2013
Destruction Year
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application. <br />In the event that the collector or his or her designated agents, whether through an <br />audit or otherwise, determine that any person has misstated their gross receipts amount or <br />other criteria upon which their current or prior years' business license tax has been <br />calculated resulting in an underpayment of the tax amount owed, the collector shall <br />separately calculate the deficiency for each distinct license period affected and issue a <br />statement of tax deficiency and add delinquency penalties as applicable to the amount of <br />the tax deficiency in accordance with section 21-25, subsection (a) and section 21-83, <br />subsection (a), together with interest as provided under sections 21-84 and 21-85, as <br />applicable, until such time as the tax deficiency together with the accrued penalties and <br />interest, are satisfied. <br />Provided, however, that where any person voluntarily reports a tax deficiency such person's <br />penalty and interest assessment on said deficiency shall be abated until the combined <br />amount of tax, penalty and interest due is equalized to an amount equivalent to the <br />amount of current and prior years' taxes owing as computed or determined based upon <br />the business license tax rates and charges in effect for the most current tax year. In <br />computing the abatement of accrued penalties and interest to arrive at a combined <br />amount of tax, penalty and interest equivalent to the amount of the current or prior years' <br />taxes owing as computed or determined based upon the business license tax rates in <br />effect for the most current tax year the collector in his or her discretion may retain a <br />sufficient amount of accrued penalty alone, or a sufficient amount of accrued interest <br />alone, or any sufficient combination of accrued penalty amount and accrued interest <br />amount necessary. <br />Whenever the result of any audit performed pursuant to this chapter determines that <br />any licensee has, exclusive of penalties and interest, underpaid the amount of their <br />business license tax by ten (10) per cent or more of the total amount due, but not less <br />than two hundred fifty dollars ($250), then an audit service fee in an amount as specified <br />by resolution of the city council shall be applied. <br />Sec. 21-83.1. Partial payment; not construed as meeting requirements of chapter - <br />Installment payments and/or deferral; permitted - Written agreement to satisfy <br />indebtedness; effect. <br />(a) Except as provided in section 21-83, subsection (b), acceptance of any partial <br />payment of business license tax or penalty or interest owing that is less than the amount <br />required under the terms of this chapter shall not be construed as meeting the requirements <br />of this chapter. No license or sticker, decal, tag, plate or symbol shall be issued, nor shall <br />one which has been suspended or revoked be reinstated or reissued, to any person who, <br />at the time of applying therefor, is indebted to the city for any delinquent business tax, <br />unless such person, enters into an acceptable binding written agreement with the city to <br />satisfy said delinquency within one (1) year. With the consent of the collector such <br />agreements may be deferred or extended for a period exceeding one (1) year. <br />Ordinance No. NS-2841 <br />Page 24 of 29
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