(a) The taxes levied under this article shall be due and payable in quarterly installments on or before the expiration of one month from the end of the quarter in which they accrue, unless provided for in subsections (b) or (c) hereof. All properly paid installments are to be treated as estimate payments to be credited against the total tax due at the end of the tax year. Any interest or penalties charged for late payment of such installments, shall be ignored in computing the credit. The taxpayer shall, within one month from the expiration of each quarter, make out an estimate of the tax for which he is liable for such quarter, sign the same, and mail the same together with a remittance, in the form required by Section 761.21, of the amount of tax to the office of the Collector. In estimating the amount of tax due for each quarter, the taxpayer may deduct one-fourth of the tax credit for industrial expansion allowable for the taxable year and the allowable deduction from gross income incurred in the taxable quarter. When the total tax for which any person is liable under this article does not exceed the sum of one hundred dollars ($100.00) in any year, the taxpayer may pay the same quarterly as aforesaid or, with the consent in writing of the Collector at the end of the month next following the close of the tax year.
(b) For taxpayers whose estimated tax under this article exceeds one thousand dollars ($1,000) per month, the tax shall be due and payable in monthly installments on or before the last day of the month following the month in which the tax accrued. Each such taxpayer shall, on or before the last day of each month, make out an estimate of the tax for which he is liable for the preceding month, sign the same and mail it together with a remittance, in the form prescribed by the Collector, of the amount of the tax due for each month, the taxpayer may deduct one-twelfth of any applicable tax credits allowable for the taxable year and the allowable deduction from gross income incurred in that taxable month.
(c) Any other provisions of this section notwithstanding, the Collector, if he deems it necessary to insure payment of the tax, may require the return and payment under this section for periods of shorter duration than quarter-year periods.
(Ord. 1216. Passed 1-28-03.)
(d) (1) The Director is also empowered to require any person engaging or continuing within the City in the business of contracting to furnish a list of the names, addresses and amounts paid by them to any subcontractors employed and suppliers of materials used upon any job or to do any work within the City. The Director may also require every person engaging or continuing within the City in the business of contracting who is a nonresident of the State to pay or guarantee the payment of the amount of the privilege tax imposed by this article for the privilege of engaging in the business of contracting within the City, such payment of such tax to be based upon the amount of the building permit issued by the City for the work to be performed by such person, as a condition precedent to the issuance of such building permit. In lieu of such prior payment in cash of such tax, any nonresident may guarantee the payment of such privilege tax provided for herein by delivering to the City a bond with good and adequate surety, payable to the City, and conditioned to pay such tax on or before the estimated date of the completion of the work to be performed by such person within the City.
(2) Any person, firm or corporation contracting with a person, firm or corporation engaged in a business or service taxed under this article shall withhold payment in sufficient amount to cover taxes assessed by this article in the final settlement of such contracts until the receipt of a certificate from the Finance Director to the effect that all taxes levied and accrued under this article against the contractor have been paid.
(3) If any person, firm or corporation fails to withhold as provided herein, he shall be personally liable for the payment of all such taxes, and the same shall be recoverable by the Director by appropriate legal proceedings.
(e) If any person, firm or corporation has commenced work for which a building permit or other permit is required without having first obtained said permit, the Director shall have the authority to calculate the tax due under this article and demand the payment of such tax, together with any taxes, penalties and interest due and unpaid for prior periods, at the time of application for such permit and prior to or upon issuance thereof.
(f) Severability. If any section, sentence, clause, or phrase of this ordinance shall be declared invalid for any reasons whatsoever, such decision shall not affect the remaining portions of this ordinance which shall continue in full force and effect, and to this end the provisions of this ordinance are hereby declared severable.
(Ord. 1765. Passed 4-10-18.)