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AgdaPkt 2007-07-09
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AgdaPkt 2007-07-09
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Last modified
7/10/2007 4:37:55 PM
Creation date
7/5/2007 12:30:00 PM
Metadata
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Template:
CC Index
CC Index - Document Type
Agenda Packet
Meeting Type
Joint
Agency Type
City Council and Redevelopment Agency
Date
7/9/2007
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<br />BE <br />Page 9 <br /> <br />for an exemption, and shall include the names of all utility service suppliers serving that <br />service user. If deemed exempt by the Tax Administrator, such service user shall give <br />the Tax Administrator timely written notice of any change in utility service suppliers so <br />that the Tax Administrator can properly notify the new utility service supplier of the <br />service user's tax exempt status. A service user that fails to comply with this section <br />shall not be entitled to a refund of utility users' taxes collected and remitted to the Tax <br />Administrator from such service user as a result of such noncompliance. <br /> <br />The decision of the Tax Administrator may be appealed pursuant to Section 32.617 of <br />this Article. Filing an application with the Tax Administrator and appeal to the City <br />Manager pursuant to Section 32.617 of this Article is a prerequisite to a suit thereon. <br /> <br />Sec.32.604. COMMUNICATION USERS' TAX: <br /> <br />A. There is hereby imposed a tax upon every person in the City using communication <br />services. The maximum tax imposed by this section shall be at the rate of four percent <br />(4%) of the charges made for such services and shall be collected from the service user <br />by the communication services supplier or its billing agent. There is a rebuttable <br />presumption that communication services, which are billed to a billing or service address <br />in the City, are used, in whole or in part, within the City's boundaries, and such services <br />are subject to taxation under this Article. If the billing address of the service user is <br />different from the service address, the service address of the service user shall be used <br />for purposes of imposing the tax. As used in this Section, the term "charges" shall <br />include the value of any other services, credits, property of every kind or nature, or other <br />consideration provided by the service user in exchange for the communication services. <br /> <br />B. "Mobile Telecommunications Service" shall be sourced in accordance with the <br />sourcing rules set forth in the Mobile Telecommunications Sourcing Act (4 U.S.C. <br />Section 124). The Tax Administrator may issue and disseminate to communication <br />service suppliers, which are subject to the tax collection requirements of this Article, <br />sourcing rules for the taxation of other communication services, including but not limited <br />to post-paid communication services, prepaid communication services, and private <br />communication services, provided that such rules are based upon custom and common <br />practice that further administrative efficiency and minimize multi-jurisdictional taxation. <br /> <br />C. The Tax Administrator may issue and disseminate to communication service <br />suppliers, which are subject to the tax collection requirements of this Article, an <br />administrative ruling identifying those communication services, or charges therefor, that <br />are subject to or not subject to the tax of subsection (a) above. <br /> <br />D. As used in this section, the term "telecommunication services" shall include, but are <br />not limited to charges for: connection, reconnection, termination, movement, or change <br />of telecommunication services; late payment fees; detailed billing; central office and <br />custom calling features(including but not limited to call waiting, call forwarding, caller <br />identification and three-way calling); voice mail and other messaging services; directory <br />assistance; access and line charges; universal service charges; regulatory, <br />administrative and other cost recovery charges; local number portability charges; and <br />text messaging. <br /> <br />E. Charges for communication services (video) shall include, but are not limited to, <br />charges for the following: <br /> <br />A TTY/ORD/ORD.283 <br />070207 <br /> <br />5 <br />
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