(a) The Tax Administrator, or his duly authorized agent or employee, is hereby authorized to examine the books, papers, records and federal income tax returns of any employer, taxpayer, or person subject to, or whom the Tax Administrator believes is subject to the provisions of this Chapter, for the purpose of verifying the accuracy of any return made, or, if no return was made, to ascertain the tax due under this Chapter.
Every such employer, supposed employer, taxpayer or supposed taxpayer is hereby directed and required to furnish upon written request by the Tax Administrator, or his duly authorized agent or employee, the means, facilities, and opportunity for making such examinations and investigations as are hereby authorized.
(b) The Tax Administrator is hereby authorized to order any person, presumed to have knowledge of the facts, to appear before him and may examine such person, under oath, concerning any income which was or should have been returned for taxation, or withheld, or any transaction tending to affect such income. For this purpose, he may compel the production of books, papers, records and federal income tax returns and the attendance of any persons before him, whether as parties or witnesses, whenever he believes such persons have knowledge of such income or information pertinent to such inquiry.
(c) The refusal to produce books, papers, records and federal income tax returns, or the refusal to submit to such examination by any employer or person subject, or presumed to be subject, to the tax or required to withhold tax, or the failure of any person to comply with the provisions of this Section or with an order or subpoena of the Tax Administrator authorized hereby, shall be deemed a violation of this Chapter, punishable as provided in Section 181.12 hereof.
(d) Any information gained, as the result of any returns, investigations, hearings or verifications required or authorized by this Chapter shall be confidential, except for official purposes or with proper judicial order. The Tax Administrator may furnish copies of returns filed under this chapter to other federal, state, and municipal tax authorities. Any person divulging such information in violation of this Chapter, shall, upon conviction thereof, be deemed guilty of a misdemeanor and shall be subject to a fine or penalty of not less that one hundred dollars ($100.00) and not more than five hundred dollars ($500.00), or shall be imprisoned for not more than six (6) months, or both. No part of the fine imposed shall be suspended. Each disclosure shall constitute a separate offense.
In addition to the above penalty, any employee of the City who violates the provisions of this Section relative to the disclosure of confidential information shall be guilty of an offense punishable by immediate dismissal.
(e) Every taxpayer shall retain all records necessary to compute his tax liability for a period of five (5) years from the date his return is filed, or the withholding taxes are paid.
(Ord. 2-05-O. Passed 2-14-05.)