(a) Record Keeping.
(1) Every operator must keep separately, with respect to each parking service operated by such operator, complete and accurate records which shall include:
A. Primary records including, but not limited to, sales invoices, periodic contracts, tickets or claim checks, exemption certificates, tax payment receipts, and cash register tapes; and
B. Secondary records including, but not limited to, remittance returns, federal and state tax returns, bank deposit receipts, day books, Journals, or any other records in which accumulated data is recorded.
(2) Any secondary record in which accumulated data is recorded by the operator must be supported by complete primary records from which such data was accumulated.
(3) The Commissioner is authorized to further regulate the maintenance of records and prescribe rules as to the substance and form of all information required to be maintained by each operator.
(b) Retention of Records. Every person responsible for collecting and remitting the parking occupancy tax imposed under this chapter shall retain all records necessary to compute the tax liability for a period of six (6) years from latter of the date the tax return is filed or the tax is paid; unless the Commissioner consents, in writing, to their destruction within that period or by order requires that they be kept for a longer period.
(c) Failure to Maintain Records. For purposes of determining the amount of tax due where an operator fails to maintain complete primary records which may be utilized in verifying the accuracy of the figures reflected in their secondary records and/or reported on their tax remittance returns, the Commissioner will determine and use the net receipts from a representative period as the basis for application of the tax levied in division (c) of Section 196.03. The determination will be based upon one (1) or more of the following: (1) the operator’s income tax records, (2) a sampling of the operator’s business activity for a representative period, (3) previous tax remittance returns submitted by the operator, and/or (4) other information relating to the business activity of such operator. The net receipts for the representative period will be projected for all periods under review.
(Ord. No. 878-09. Passed 7-1-09, eff. 7-8-09)