A. Construction equipment which is located within the boundaries of the City for a period of more than thirty (30) consecutive days shall be subjected to the full applicable Use Tax of the City.
B. With respect to transactions consummated on or after January 1, 1986, construction equipment which is located within the boundaries of the City for a period of thirty (30) consecutive days or less shall be subject to the City's Use Tax in an amount calculated as follows: The purchase price of the equipment shall be multiplied by a fraction, the numerator of which is one and the denominator of which is twelve (12), and the result shall be multiplied by three and seven one-hundredths percent (3.07%).
C. Where the provisions of subsection B of this section are utilized, the credit provisions of section 2.7.434 of this part shall apply at the time as the aggregate Sales and Use Taxes legally imposed by and paid to other statutory and home rule municipalities on any equipment equal three and seven one- hundredths percent (3.07%).
D. For the provisions of subsection B of this section to apply, the taxpayer shall comply with the following procedure:
1. Prior to or on the date the equipment is located within the boundaries of the City, the taxpayer shall file with the Director an equipment declaration on a form provided by the City. This declaration shall state the dates on which the taxpayer anticipates the equipment will be located within and removed from the boundaries of the City, shall include a description of each anticipated piece of equipment, shall state the actual or anticipated purchase price of each anticipated piece of equipment, and shall include other information as reasonably deemed necessary by the City.
2. The taxpayer shall file with the City an amended equipment declaration reflecting any changes in the information contained in any previous equipment declaration no less than once every ninety (90) days after the equipment is brought into the boundaries of the City or, for equipment which is brought into the boundaries of the City for a project of less than ninety (90) days' duration, no later than ten (10) days after substantial completion of the project.
3. The taxpayer need not report on any equipment declaration any equipment for which the purchase price was under two thousand five hundred dollars ($2,500.00).
E. If the equipment declaration is given as provided in subsection D of this section, then as to any item of construction equipment for which the customary purchase price is under two thousand five hundred dollars ($2,500.00), which was brought into the boundaries of the City temporarily for use on a construction project, it shall be presumed that the item was purchased in a jurisdiction having a local Sales or Use Tax as high as three and seven one-hundredths percent (3.07%) and that the local Sales or Use Tax was previously paid. The burden of proof in any proceeding before the Director or the District Court shall be on the City to prove the local Sales or Use Tax was not paid.
F. If the taxpayer fails to comply with the provisions of subsection D of this section, the taxpayer may not apply the provisions of subsection B of this section and shall be subject to the provisions of subsection A of this section. However, substantial compliance with the provisions of subsection D of this section shall allow the taxpayer to apply the provisions of subsection B of this section. (Ord. 85-274; Ord. 92-149; Ord. 93-176; Ord. 94-206; Ord. 95-182; Ord. 96-208; Ord. 97-97; Ord. 01-42; Ord. 01-168; Ord. 15-97 1 ; Ord. 20-61 2 )
Notes
| 1 | 1. January 1, 2016, is the effective date of Ordinance 15-97. |
| 2 | 2. January 1, 2021 is the effective date of Ordinance 20-61. |