A. The Comptroller is authorized to establish by rule the filing date under this section, which: (1) shall be determined based on considerations of administrative efficiency, and (2) in no event shall be later than 30 days after the effective date of this section.
B. On or before the filing date set in accordance with subsection 3-50-070(A), every store shall file with the Department, on a form prescribed by the Comptroller, a tax return reporting the inventory of checkout bags in the store's possession or control, on the effective date of this section, for sale or use in the City. The store shall include with the tax return any tax due on the inventory of checkout bags in its control and possession, for sale or use in the City, for which all applicable tax has not been collected. The store shall in turn collect the tax from its customers in accordance with Section 3-50-040.
C. Every store that possesses checkout bags for sale or use in the City purchased prior to the effective date of a Checkout Bag Tax increase shall file with the Department, on a form prescribed by the Comptroller, a tax return attesting to the quantities of such checkout bags in its possession as of the last day prior to the tax increase, and remit to the Department the amount of tax due as a result of each rate increase. The store shall in turn collect the tax from its customers. Each such tax return and payment due under this subsection (C) shall be filed and received by the Department by the 30th day following the effective date of each tax increase.
D. Every store required to file a tax return under subsection 3-50-070(B) or 3-50-070(C) that does not file such tax return by its due date, or alternatively does not provide all required information on such tax return, or fails to remit all required tax due computed thereon, shall be subject to a penalty of $100.00 per business location required to be reported on the tax return, in addition to all other penalties and interest that may be due under the Uniform Revenue Procedures Ordinance, Chapter 3-4 of this Code.
E. If the Comptroller determines that a person subject to the penalty in subsection 3-50-070(D) had reasonable cause for paying late, underpaying the applicable tax, or filing a late or incomplete tax return, then the applicable penalty shall be waived.
F. The Comptroller, or his or her designee, may at any time during the statute of limitations outlined in Section 3-4-120 examine the books and records of any person required to file a tax return under this section, and may issue a tax determination and assessment to the person per Section 3-4-160, if a determination is made that any amount of tax, penalty, or interest is due.
G. Every person required to file a tax return under subsection 3-50-070(B) or 3-50-070(C) who files a complete tax return by its due date and makes timely payment of the amount computed thereon shall be eligible to retain a commission in the amount of two cents per checkout bag on which the tax is computed due thereon.
(Added Coun. J. 11-16-16, p. 38042, Art. II, § 2)