(a) The Superintendent of Taxation, or any authorized employee, is hereby authorized to examine the books, papers, records and copies of Federal income tax returns of any employer or of any taxpayer or person subject to, or whom the Superintendent 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 within ten days following a written request by the Superintendent, or his or her duly authorized agent or employee, the means, facilities and opportunity for making such examinations and investigations as are hereby authorized.
(b) The Superintendent is hereby authorized to order any person presumed to have knowledge of the facts to appear before him or her and may examine such person, under oath, concerning any income which was or should have been returned for taxation or any transaction tending to affect such income, and for this purpose may compel the production of books, papers, records and copies of Federal income tax returns and the attendance of all persons before him or her, whether as parties or witnesses, whenever he or she believes such persons have knowledge of such income or information pertinent to such inquiry. (Ord. 674. Passed 10-13-70.)
(c) The refusal to produce books, papers, records and copies of 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 by any officer, agent or employee of a person 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 Superintendent authorized hereby, shall be deemed a violation of this chapter, punishable as provided in Section 880.99. (Ord. 674. Passed 10-13-70; Ord. 682. Passed 11-24-70.)
(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 except when ordered by a court of competent jurisdiction or except in the exchange of tax information with other Municipal corporations. (Ord. 90-30. Passed 10-23-90.)
(e) Every taxpayer shall retain all records necessary to compute his or her tax liability for a period of five years from the date his or her return is filed or the withholding taxes are paid. (Ord. 674. Passed 10-13-70.)
(f) If, but for this section, an individual would have been privileged to withhold any information given, and he or she complies with division (b) of this section compelling him or her to give an answer or produce any information, he or she shall not be prosecuted or subjected to any criminal penalty in the courts of this State for or on account of any transaction or matter concerning which, in compliance with the order, he or she gave an answer or produced any information.
(g) An individual granted immunity under this section may be subjected to a criminal penalty for any violation of this chapter, for failing to answer or failing to produce information in compliance with an order of the Superintendent.
(Ord. 93-2. Passed 1-12-93; Ord. 10-15. Passed 12-14-10; Ord. 15-17. Passed 11-10-15.)