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NS-2860
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Last modified
1/15/2015 10:58:18 AM
Creation date
12/24/2014 11:03:46 AM
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City Clerk
Doc Type
Resolution
Date
12/9/2014
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under the name "900" service, and any subsequent numbers designated by <br />the Federal Communications Commission. <br />SECTION 4: Section 35 -155 of the Santa Ana Municipal Code is hereby <br />amended such that it reads as follows: <br />Sec. 35 -155. Telecommunication Users' Tax. <br />(a) There is hereby imposed a tax upon every person in the city using <br />telecommunication services. The tax imposed by this Section shall be at the <br />rate of five and one half percent (5.5 %) of the charges made for such services <br />and shall be collected from the service user by the telecommunication <br />services supplier or its billing agent. There is a rebuttable presumption that <br />telecommunication services, which are billed to a billing or service address in <br />the city, are used, in whole or in part, within the city's boundaries, and such <br />services are subject to taxation under this Section. There is also a rebuttable <br />presumption that prepaid telecommunication services sold within the city are <br />used, in whole or in part, within the city and are therefore subject to taxation <br />under this Section. If the billing address of the service user is different from <br />the service address, the service address of the service user shall be used for <br />purposes of imposing the tax, As used in this Section, the term "charges" <br />shall include the value of any other services, credits, property of every kind or <br />nature, or other consideration provided by the service user in exchange for <br />the telecommunication services. <br />(b) "Mobile telecommunications service" shall be sourced in accordance with the <br />sourcing rules set forth in the Mobile Telecommunications Sourcing Act (4 <br />U.S.C. Section 124). The tax administrator may issue and disseminate to <br />telecommunication service suppliers, which are subject to the tax collection <br />requirements of this article, sourcing rules for the taxation of other <br />telecommunication services, including but not limited to post -paid <br />telecommunication services, prepaid telecommunication services, VoIP, and <br />private communication services, provided that such rules are based upon <br />custom and common practice that further administrative efficiency and <br />minimize multi jurisdictional taxation (e.g., Streamlined Sales and Use Tax <br />Agreement). <br />(c) The tax administrator may issue and disseminate to telecommunication <br />service suppliers, which are subject to the tax collection requirements of this <br />article, an administrative ruling identifying those telecommunication services, <br />or charges therefore, that are subject to or not subject to the tax of subsection <br />(a) above. <br />(d) To prevent actual multi jurisdictional taxation of telecommunication services <br />subject to tax under this Section, any service user, upon proof to the tax <br />administrator that the service user has previously paid the same tax in <br />Ordinance No. NS -2860 <br />Page 6 of 13 <br />
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