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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 12 <br /> <br />interpretation or by statutory enactment. Any communication service (including VoIP) <br />used by a person with a service address in the City, which service is capable of <br />terminating a call to another person on the general telephone network, shall be subject <br />to a rebuttable presumption that "substantial nexus/minimum contacts" exists for <br />purposes of imposing a tax, or establishing a duty to collect and remit a tax, under this <br />Article. A service supplier shall be deemed to have sufficient activity in the City for tax <br />collection and remittance purposes if its activities include, but are not limited to, any of <br />the following: maintains or has within the City, directly or through an agent or subsidiary, <br />a place of business of any nature; solicits business in the City by employees, <br />independent contractors, resellers, agents or other representatives; solicits business in <br />the City on a continuous, regular, seasonal or systematic basis by means of advertising <br />that is broadcast or relayed from a transmitter with the City or distributed from a location <br />with the City; or advertises in newspapers or other periodicals printed and published <br />within the City or through materials distributed in the City by means other than the United <br />States mail. <br /> <br />The City shall make available, upon request, an accurate description of its jurisdictional <br />boundaries based on street addresses and/or ZIP Plus Four, in an electronic format. If a <br />service supplier relies upon such information provided by City, it shall not be responsible <br />for any errors in taxation that may result. <br /> <br />Sec.32.609. DUTY TO COLLECT-PROCEDURES: <br /> <br />A. Collection by Service Suppliers. The duty of service suppliers to colfect and <br />remit the taxes imposed by the provisions of this Article shall be performed as <br />follows: <br /> <br />(1) The tax shall be collected by service suppliers insofar as practicable at the <br />same time as, and along with, the collection of the charges made in accordance <br />with the regular billing practice of the service supplier. Where the amount paid by <br />a service user to a service supplier is less than the full amount of the charge and <br />tax which was accrued for the billing period, a proportionate share of both the <br />charge and the tax shall be deemed to have been paid. In those cases where a <br />service user has notified the service supplier of refusal to pay the tax imposed on <br />said charges, Section 32.612 shall apply. <br /> <br />(2) The duty of a service supplier to collect the tax from a service user shall <br />commence with the beginning of the first regular billing period applicable to the <br />service user where all charges normally included in such regular billing are <br />subject to the provisions of this Article. Where a service user receives more than <br />one billing, one or more being for different periods than another, the duty to <br />collect shall arise separately for each billing period. <br /> <br />ATTY/ORD/ORD.283 <br />070207 <br /> <br />8 <br />
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