191.09 INVESTIGATIVE POWERS OF THE TAX COMMISSIONER; INFORMATION IS CONFIDENTIAL.
(a) The Commissioner of Taxation or any authorized employee, is hereby authorized to examine the books, papers, records and federal income tax returns of any employer or of any taxpayer or person subject to the tax 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 upon written request by the Commissioner of Taxation, or his duly authorized agent or employee, the means, facilities and opportunity for making such examinations and investigations as are hereby authorized.
(b) The Commissioner of Taxation is hereby authorized to order any person presumed to have knowledge of the facts to appear before him 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 federal income tax returns and the attendance of all persons before him, whether as parties or witnesses, whenever he believes such persons have knowledge of such income or information pertinent to such inquiry.
(c) The refusal to produce books, papers, records and 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 Commissioner of Taxation authorized hereby shall be deemed a violation of this section, punishable as provided in Section 191.99.
(d) Any information gained as the result of any returns, investigations, hearings or verifications required or authorized by this chapter shall be confidential, and no person shall disclose such information except in accordance with proper judicial order or in connection with the performance of that person's official duties or the official business of the City as authorized by this chapter. The Commissioner of Taxation of the City may furnish copies of returns filed under this chapter to the Internal Revenue Service, State Tax Commissioner and other Municipalities or Joint Economic Development Districts.
(e) Every taxpayer shall retain all records necessary to compute his tax liability for a period of seven (7) years from the date his return is filed, or the taxes required to be withheld are paid.
(f) The Commissioner of Taxation is hereby authorized to engage the services of one or more consultants, accountants, outside auditors, attorneys or debt collectors to assist him in carrying out the duties assigned to him under this chapter. Any such consultant, accountant, outside auditor, attorney or debt collector shall be bound by the provisions of this chapter as the same apply to the Commissioner of Taxation and authorized employees of the City, specifically the provisions of this section.
(Ord. 2015-11-101. Passed 11-18-15.)