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February 9, 2004 <br /> <br />Subject <br />Agreement for Business License Compliance Services <br /> <br />Recommendation <br />Authorize the City Manager to execute an agreement with MBIA MuniServices Company to <br />provide the City of Redwood City with a Business License Tax Compliance Program which <br />consists of Business License Discovery and Audit Services. <br /> <br />Background <br />In recommending the FY03/04 budget, the Finance Department proposed eliminating funds <br />($2,000) to purchase a database of businesses located in Redwood City that file income <br />tax returns. This information, which is available from the State Franchise Tax Board, would <br />be used in cross-referencing with the City's business license database to uncover those <br />businesses which are not registered with the City, but are reporting income tax to the state. <br />Given the additional systems programming required to relate the sales tax data with our <br />business license information, and the necessary follow-up the Revenue Services Division <br />of Finance would need to conduct, it has been determined that working with this sales tax <br />data would be labor intensive and costly for the City. This would result in the City risking <br />an investment of a substantial amount of labor in this project, and the return, in the form of <br />additional business license revenue, would be very speculative. <br /> <br />The goal of the Business License Tax Compliance Program is to educate the business <br />community of the City's Municipal Code. This agreement includes the provision of <br />Discovery Services and Audit Services. Discovery Services are designed to identify <br />entities subject to taxation by the City that are not properly registered and/or otherwise not <br />reporting fees to the City. Audit Services are designed to identify entities subject to fees <br />which are not properly reporting the full amounts to which they are subject. <br /> <br />Staff recommends that the City pursue a business license audit through MBIA <br />MuniServices Company (the firm who performs the city sales tax and transient occupancy <br />tax audits), as this can be accomplished on a contingency fee arrangement under which <br />the City will pay a fee only in the event MBIA recovers any new business license revenue. <br />Moreover, MBIA already has the electronic systems in place to more effectively utilize the <br />information available from the State Franchise Tax Board. <br /> <br />Several Council Members expressed a concern about this approach as it appears to <br />resemble using a "private bill collector" to identify businesses operating in the City that are <br />not paying business license taxes. MBIA is in fact a private firm and, if this <br />recommendation is approved, MBIA would in fact be attempting to collect business license <br /> <br /> <br />