2002-78 AMENDING CITY CODE - CHAPTER 51.3 - UTILITY TAXES

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(C) In case any person who is required under this Chapter to file a tax return with the City files a return at the time required but fails to transmit the tax proceeds, or any portion thereof to the City when due, a penalty of five percent of the amount of ta�c not transmitted to the City shall be added thereto; provided, however, the fraudulent failure to pay such tax shall result in a 20 percent penalty. (D) In addition to any penalty for which provision is made in this Chapter, any amount of tax not transmitted when due sha11 bear interest at the rate of two percent per month, or fraction thereof,until fully transmitted. 7. CREDIT FOR OVERPAYMENT. If it shall appear that an amount of t�has been paid which was not due under the provisions of this Chapter, whether as a result of a mistake of fact or an error of law, then such amount shall be credited against any tax due, or to become due, under this Chapter from the taxpayer who made the erroneous payrnent, provided that, no amounts erroneously paid more than three (3) years prior to the filing of a claim therefor shall be so credited. No person shall be entitled to a refund of, or credit for, a tax imposed under this Chapter unless the person files a claim for refund or credit within one (1) year after the date on which the tax was paid or remitted. 8. BOOKS AND RECORDS. Every tax collector and every taxpayer required to pay any of the taxes imposed by this Chapter shall keep accurate books and records of its business or activity, including contemporaneous books and records denoting the transactions that give rise, or may have given rise, to any tax liability under this Chapter. The books and records shall be subject to and available for inspection by employees or agents of the City at all times during regular business hours of the tax collector or taxpayer.