Agmt05 MBIA Muniservices- Revenue Enhancement

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identification and correction of improperly registered permits for companies having point-of-sale operations in the City. Deficiency Assessment Audits When the California State Board of Equalization audits taxpayers for sales/use tax compliance, it is not uncommon for the taxpayer to receive a substantial deficiency assessment due to underpayments and/or under-collections, In many cases, the local allocation portion of the deficiency assessment is distributed in error to the State pool, county pools, or other jurisdictions. Accordingly, MMC has developed proprietary criteria and techniques to detect and correct SBIF deficiency assessment misallocations and thus expand the benefits produced by MMC's allo~ation audit service. Accounts Payable Audits When California taxpayers purchase tangible personal property for which title passes out-of- state, the transactions are subject to use tax (rather than sales tax) which is collected by the vendor who in turn remits it to the SBE, with the local allocation typically distributed statewide or countywide through the pools. Under certain conditions, the seller may allocate the local tax by situs or the City may elect to self-accrue the use tax and remit it directly to the SBE, in which case the local portion will come back to the City in the same manner as sales tax, MMC's accounts payable audit will include a review of the City's purchases to identify opportunities for the City to capture the 1 % local allocation on purchases subject to use tax, In this regard, MMC will prepare the documentation to facilitate the election, including assistance in preparing and filing the tax returns. Quarterly Distribution Report Audits Every three months, the City and MMC receive a Quarterly Distribution Report (QDR) from the SBE with the local allocation amount reflected by permit number. MMC's ODR audits detect and correct taxpayer reporting errors and thereby generate new, previously unrealized sales/use tax revenue for the City, MMC's QDR audits focus on those accounts where MMC observes a substantial decline in the sales/use tax revenue allocation for a particular business entity in a given quarter. In most cases, accounts showing zero balances have either relocated or simply reported late, in which case the payments will not be reflected until the next quarter's QDR. Therefore, six months must lapse before the QDRs indicate whether a zero balance account can be attributed to a late payment or a misallocation. Cities and counties may only recover misallocated revenue for three quarters prior to the SBE being notified of the reporting error. Therefore QDR audits must be conducted in a timely manner in order to preserve the opportunity for the City to recover misallocated revenue. MMC shall conduct the OOR audit each and every quarter to minimize the potential of lost revenue to the City. surA Detection and Documentation MMC shall represent the City for purposes of examining SBE records pertaining to sales and use tax to identify errors and omissions. MMC's píOcedures for detecting and documenting misallocations are as follows: 0 Review applicable provisions of the City's municipal code and ordinance adopted by the City.