Ord07 2316 - Laserfiche WebLink

Browse Search

11/26/2007 The decision of the Tax Administrator may be appealed pursuant to Section 32.617 of this Article. Filing an application with the Tax Administrator and appeal to the City Manager pursuant to Section 32.617 of this Article is a prerequisite to a suit thereon. Sec.32.604. COMMUNICATION USERS' TAX: A. There is hereby imposed a tax upon every person in the City using communication services. The maximum tax imposed by this section shall be at the rate of four percent (4%) of the charges made for such services and shall be collected from the service user by the communication services supplier or its billing agent. There is a rebuttable presumption that communication services, which are billed to a billing or service address in the City, are used, in whole or in part, within the City's boundaries, and such services are subject to taxation under this Article. If the billing address of the service user is different from the service address, the service address of the service user shall be used for purposes of imposing the tax. As used in this Section, the term "charges" shall include the value of any other services, credits, property of every kind or nature, or other consideration provided by the service user in exchange for the communication services. B. "Mobile Telecommunications Service" shall be sourced in accordance with the sourcing rules set forth in the Mobile Telecommunications Sourcing Act (4 U.S.C. Section 124). The Tax Administrator may issue and disseminate to communication service suppliers, which are subject to the tax collection requirements of this Article, sourcing rules for the taxation of other communication services, including but not limited to post-paid communication services, prepaid communication services, and private communication services, provided that such rules are based upon custom and common practice that further administrative efficiency and minimize multi-jurisdictional taxation. C. The Tax Administrator may issue and disseminate to communication service suppliers, which are subject to the tax collection requirements of this Article, an administrative ruling identifying those communication services, or charges therefor, that are subject to or not subject to the tax of subsection (a) above. D. As used in this section, the term "telecommunication services" shall include, but are not limited to charges for: connection, reconnection, termination, movement, or change of telecommunication services; late payment fees; detailed billing; central office and custom calling features(including but not limited to call waiting, call forwarding, caller identification and three-way calling); voice mail and other messaging services; directory assistance; access and line charges; universal service charges; regulatory, administrative and other cost recovery charges; local number portability charges; and text and instant messaging. "Telecommunication services " shall not include digital downloads that are not "ancillary telecommunication services", such as books, music, ringtones, games, and similar digital products. E. Charges for communication services (video) shall include, but are not limited to, charges for the following: (1) franchise fees and access fees (PEG); (2) initial installation of equipment necessary for provision and receipt of communication services; (3) late fees, collection fees, bad debt recoveries, and return check fees; (4) activation fees, reactivation fees, and reconnection fees; ATTY/ORD/ORD.283 071007 5 2316 Formerly Muff# 305