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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 />8E <br />Page 13 <br /> <br />B. Filing Return and Payment. Each person required by this Article to remit a tax shall <br />file a return to the Tax Administrator, on forms approved by the Tax Administrator, on or <br />before the due date. The full amount of the tax collected shall be included with the return <br />and filed with the Tax Administrator. The Tax Administrator is authorized to require such <br />additional information as he or she deems necessary to determine if the tax is being <br />levied, collected, and remitted in accordance with this Article. Returns are due <br />immediately upon cessation of business for any reason. Pursuant to Revenue and Tax <br />Code Section 7284.6, the Tax Administrator, and its agents, shall maintain such filing <br />returns as confidential information that is exempt from the disclosure provisions of the <br />Public Records Act. <br /> <br />Sec.32.610. COLLECTION PENALTIES - SERVICE SUPPLIERS: <br /> <br />A. Taxes collected from a service user are delinquent if not received by the Tax <br />Administrator on or before the due date. Should the due date occur on a weekend or <br />legal holiday, the return must be received by the Tax Administrator on the first regular <br />working day following the weekend or legal holiday. A direct deposit, including electronic <br />fund transfers and other similar methods of electronically exchanging monies between <br />financial accounts, made by a service supplier in satisfaction of its obligations under this <br />subsection shall be considered timely if the transfer is initiated on or before the due date, <br />and the transfer settles into the City's account on the following business day. <br /> <br />B. If the person required to collect and/or remit the utility users' tax fails to collect the tax <br />(by failing to properly assess the tax on one or more services or charges on the <br />customer's billing) or fails to remit the tax collected on or before the due date, the Tax <br />Administrator shalf attach a penalty for such delinquencies or deficiencies at the rate of <br />fifteen (15%) percent of the total tax that is delinquent or deficient in the remittance, and <br />shall pay interest at the rate of and 75/100ths (0.75%) percent per month, or any fraction <br />thereof, on the amount of the tax, exclusive of penalties, from the date on which the <br />remittance first became delinquent, until paid. <br /> <br />C. The Tax Administrator shall have the power to impose additional penalties upon <br />persons required to collect and remit taxes pursuant to the provisions of this Article for <br />fraud or gross negligence in reporting or remitting at the rate of fifteen (15%) percent of <br />the amount of the tax collected and/or required to be remitted, or as recomputed by the <br />Tax Administrator. <br /> <br />D. For collection purposes only, every penalty imposed and such interest that is accrued <br />under the provisions of this section shall become a part of the tax herein required to be <br />paid. <br /> <br />E. Notwithstanding the foregoing, the Tax Administrator may, in his or her discretion, <br />modify the due dates of this Article to be consistent with any uniform standards or <br />procedures that are mutually agreed upon by other public agencies imposing a utility <br />users tax, or otherwise legally established, to create a central payment location or <br />mechanism. <br /> <br />ATTY/ORD/ORD.283 <br />070207 <br /> <br />9 <br />
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