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Last modified
7/24/2000 10:00:30 PM
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5/12/2000 2:33:37 PM
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§ 11-23 MARTINSVILLE CODE <br /> <br /> "Events beyond the taxpayer's control" include, but are not limited to, the unavailability of <br />records due to fire or other casualty; the unavoidable absence (e.g., due to death or serious <br />illness) of the person with the sole responsibility for tax compliance; or the taxpayer's <br />reasonable reliance in good faith upon erroneous written information from the assessing <br />official, who was aware of the relevant facts relating to the taxpayer's business when he <br />provided the erroneous information. <br /> <br /> (f) Interest shall be charged on the late payment of the tax from the due date until the date <br />paid without regard to fault or other reason for the late payment. Whenever .an assessment of <br />additional or omitted tax by the assessing official is found to be erroneous, all interest and <br />penalty charged and collected on the amount of the assessment found to be erroneous shall be <br />refunded together with interest on the refund from the date of payment or the due date, <br />whichever is later. Interest shall be paid on the refund of any tax paid under this article from <br />the date of payment or due date, whichever is later, whether attributable to an amended <br />return or other reason. Interest on any refund shall be paid at the same rate charged under <br />section 58.1-3916. <br /> <br /> No interest shall accrue on an adjustment of estimated tax liabfiity to actual liability at the <br />conclusion of a base year. No interest shall be paid on a refund or charged on a late payment, <br />in event of such adjustment, provided the refund or the late payment is made not more than <br />thirty (30) days from (i) the date of the payment that created the refund, or (ii) the due date <br />of the tax, whichever is later. <br />(Ord. No. 96-13, § 11-1(C), 11-26-96) <br /> <br />Sec. 11-24. Situs of gross receipts. <br /> <br /> (a) General rule. Whenever the tax imposed by this article is measured by gross receipts, <br />the gross receipts included in the taxable measure shall be only those gross receipts attributed <br />to the exercise of a licensable privilege at a definite place of business within this city. In the <br />case of activities conducted outside of a definite place of business, such as during a visit to a <br />customer location, the gross receipts shall be attributed to the definite place of business from <br />which such activities are initiated, directed, or controlled. The situs of gross receipts for <br />different classifications of business shall be attributed to one (1) or more definite places of <br />business or offices as follows: <br /> <br />(1) The gross receipts of a contractor shall be attributed to the definite place of business <br /> at which his services are performed, or if his services are not performed at any definite <br /> place of business, then the definite place of business from which his services are <br /> directed or controlled, unless the contractor is subject to the provisions of section <br /> 58.1-3715 of the Code of Virginia. <br /> <br />(2) The gross receipts of a retailer or wholesaler shall be attributed to the definite place of <br /> business at which sales solicitation activities occur, or if sales solicitation activities do <br /> not occur at any definite place of business, then the definite place of business from <br /> which sales solicitation activities are directed or Controlled; however, a wholesaler or <br /> distribution house subject to a license tax measured by purchases shall determine the <br /> <br />Supp. No. 41, Rev. 670 <br /> <br /> <br />
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