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LICENSES § 11-27 <br /> <br /> (c) Any person assessed with a license tax under this article as a result of an audit may <br />apply within ninety (90) days of the determination by the assessing official on an application <br />pursuant to section 11-26(a) to the tax commissioner for a correction of such assessment. The <br />tax commissioner shall issue a determination to the taxpayer within ninety (90) days of receipt <br />of the taxpayer's application, unless the taxpayer and the assessing official are notified that a <br />longer period will be required. The application shall be treated as an application pursuant to <br />section 58.1-1821 of the Code of Virginia, and the tax commissioner may issue an order <br />correcting such assessment pursuant to section 58.1-1822 of the Code of Virginia. Following <br />such an order, either the taxpayer or the assessing official may apply to the appropriate circuit <br />court pursuant to section 58.1-3984 of the Code of Virginia. However, the burden shah be on <br />the party making the application to the circuit court to show that the ruling of the tax <br />commissioner is erroneous. Neither the tax commissioner nor the department of taxation shall <br />be made a party to an application to correct an assessment merely because the tax <br />commissioner has ruled on it. <br /> <br /> (d) On receipt of a notice of intent to file an appeal to the tax commissioner under <br />subsection (c) above, the assessing official shah further suspend collection activity until a final <br />determination is issued by the tax commissioner, unless the assessor determines that <br />collection would be jeopardized by delay or that the taxpayer has not responded to a request <br />for relevant information after a reasonable time. Interest shall accrue in accordance with the <br />provisions of section 11-23(f), but no further penalty shall be imposed while collection activity <br />is suspended. The term "jeopardized by delay" shall have the same meaning as set forth in <br />subsection (b) of this section. <br /> <br /> (e) Any taxpayer may request a written ruling regarding the application of the tax to a <br />specific situation from the assessor. Any person requesting such a ruling must provide all the <br />relevant facts for the situation and may present a rationale for the basis of an interpretation <br />of the law most favorable to the taxpayer. Any misrepresentation or change in the applicable <br />law or the factual situation as presented in the ruling request shall invalidate any such ruling <br />issued. A written ruling may be revoked or amended prospectively if (i) there is a change in the <br />law, a court decision, or (ii) the assessor notifies the taxpayer of a change in the policy or <br />interpretation upon which the ruling was based. However, any person who acts on a written <br />ruling which later becomes invalid shall be deemed to have acted in good faith during the <br />period in which such ruling was in effect. <br />(Ord. No. 96-13, § 11-1(F), 11-26-96) <br /> <br />Sec. 11-27. Record keeping and audits. <br /> <br /> Every person who is assessable with a license tax shall keep sufficient records to enable the <br />assessor to verify the correctness of the tax paid for the license years assessable and to enable <br />the assessor to ascertain what is the correct amount of tax that was assessable for each of those <br />years. All such records, books of accounts, tax returns and other information shall be open to <br />inspection and examination by the assessor in order to allow the assessor to establish whether <br />a particular receipt is directly attributable to the taxable privilege exercised within this city. <br />The assessor shah provide the taxpayer with the option to conduct the audit in the taxpayer's <br /> <br />supp. No. 41, Rev. 673 <br /> <br /> <br />