A. Notice Of Request: Any request for proposed audit pursuant to any locally administered tax shall comply with the notice requirements of this chapter; however, the notice for audit must clearly identify who will be conducting the audit. For audits being conducted by a third party provider, the village must provide written authorization for the third party provider to review the books and records of the taxpayer. No contact may be made by the third party provider until the village authorization is received by the taxpayer. (Ord. 1183, 2-6-2001; amd. 2016 Code)
B. Information Required: Each notice of audit shall contain the following information:
1. The tax;
2. The time period of the audit; and
3. A brief description of the books and records to be made available for the auditor.
C. Time For Conducting Audit:
1. Any audit shall be conducted during normal business hours, and if the date and time selected by the local tax administrator is not agreeable to the taxpayer, another date and time may be requested by the taxpayer within thirty (30) days after the originally designated audit and during normal business hours.
2. The taxpayer may request an extension of time to have an audit conducted. The audit shall be conducted not less than seven (7) days nor more than thirty (30) days from the date the notice is given, unless the taxpayer and the local tax administrator agreed to some other convenient time. In the event the taxpayer is unable to comply with the audit on the date in question, the taxpayer may request another date within the thirty (30) days, approved in writing, that is convenient to the taxpayer and the local tax administrator. (Ord. 1183, 2-6-2001)
3. The auditor must sign a confidentiality agreement upon request by the taxpayer. Upon completion of the audit, the village must issue an audit closure report to the taxpayer with the results of the audit. (Ord. 1183, 2-6-2001; amd. 2016 Code)
D. Taxpayer's Books And Records:
1. Every taxpayer shall keep accurate books and records of the taxpayer's business or activities, including original source documents and books of entry denoting the transactions which had given rise or may have given rise to any tax liability, exemption or deduction. All books shall be kept in the English language and shall be subject to and available for inspection by the village.
2. It is the duty and responsibility of every taxpayer to make available its books and records for inspection by the village. If the taxpayer or tax collector fails to provide the documents necessary for audit within the time provided, the local tax administrator may issue a tax determination and assessment based on the tax administrator's determination of the best estimate of the taxpayer's tax liability.
E. Overpayments: If an audit determines there has been an overpayment of a locally imposed and administered tax as a result of the audit, written notice of the amount of overpayment shall be given to the taxpayer within thirty (30) days of the village's determination of the amount of overpayment. (Ord. 1183, 2-6-2001)
F. Payment To Improper Entity: In the event a tax payment was submitted to the incorrect local governmental entity, then upon request of the village, the audit information must be given to any unit of local government that may be affected by an overpayment. (Ord. 1183, 2-6-2001; amd. 2016 Code)