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Last modified
7/24/2000 10:00:30 PM
Creation date
5/12/2000 2:33:37 PM
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Licenses
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LICENSES § 11-23 <br /> <br />satisfied: (i) each business is licensable at the location and has satisfied any requirements <br />imposed by state law or other provisions of the ordinances of the city; (ii) all of the businesses <br />are subject to the same tax rate, or, if subject to different tax rates, the licensee agrees to be <br />taxed on all businesses at the highest rate; and (iii) the taxpayer agrees to supply such <br />information as the assessor may require concerning the nature of the 'several businesses and <br />their gross receipts. <br /> <br /> (b) Each person subject to a license tax shall apply for a license prior to beginning business <br />if he was not subject to licensing in this city on or before January i of the license year, or no <br />later than March i of the current license year if he had been issued a license for the preceding <br />license year. The application shall be on forms prescribed by the assessing official. <br /> <br /> (c) The license tax shall be paid with the application in the case of any license not based on <br />gross receipts or purchases. If the tax is measured by the gross receipts or purchases of the <br />business, the tax shall be paid on or before May 1. <br /> <br /> (d) The commissioner of revenue may grant an extension of time, not to exceed ninety (90) <br />days, in which to file an application for a license or to pay the license tax, for reasonable cause. <br />The extension of time to pay the tax shall be conditioned upon the timely payment of a <br />reasonable estimate of the appropriate tax, subject to adjustment to the correct tax at the end <br />of the extension together with interest from the due date until the date paid, and, if the <br />estimate submitted with the extension is found to be unreasonable under the circumstances, <br />a penalty of ten (10) percent of the portion paid after the due date. <br /> <br /> (e) A penalty of ten (10) percent of the tax may be imposed upon the failure to file an <br />application or the failure to pay the tax by the appropriate due date. Only the late filing <br />penalty shall be imposed by the assessing official ffboth the application and payment are late; <br />however, both penalties may be assessed if the assessing official determines that the taxpayer <br />has a history of noncompliance. Noncompliance for both of the two (2) previous years shall <br />constitute a history of noncompliance. In the case of an assessment of additional tax made by <br />the assessing official, if the application and, if applicable, the return were made in good faith <br />and the understatement of the tax was not due to any fraud, reckless or intentional disregard <br />of the law by the taxpayer, there shall be no late payment penalty assessed with the additional <br />tax. If any assessment of tax by the assessing official is not paid within thirty (30) days, the <br />treasurer may impose a ten (10) percent late payment penalty. The penalties shall not be <br />imposed, or if imposed, shall be abated by the official who assessed them, if the failure to fie <br />or pay was not the fault of the taxpayer. In order to demonstrate lack of fault, the taxpayer <br />must show that he acted responsibly and that the failure was due to events beyond his control. <br /> <br /> "Acted responsibly" means that: (i) the taxpayer exercised the level of reasonable care that <br />a prudent person would exercise under the circumstances in determining the filing obligations <br />for the business and (ii) the taxpayer undertook significant steps to avoid or mitigate the <br />failure, such as requesting appropriate extensions .(where applicable), attempting to prevent a <br />foreseeable impediment, acting to remove an impediment once it occurred, and promptly <br />rectifying a failure once the impediment was removed or the failure discovered. <br /> <br />supp. No. 41, Rev. 669 <br /> <br /> <br />
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