(a) The Tax Commissioner, or any of his or her authorized agents, is hereby authorized to examine the books, papers, records and federal income tax returns of any employer or taxpayer or any person subject to, or whom the Tax Commissioner believes is subject to, this chapter, for the purpose of verifying the accuracy of any return made, or, if no return was made, to ascertain the tax or withholdings due under this chapter. Every such employer, supposed employer, taxpayer or supposed taxpayer is hereby directed and required to furnish, upon written request of the Tax Commissioner, 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 Tax Commissioner is hereby authorized to order any person presumed to have knowledge of the facts to appear at the office of the Tax Commissioner and to examine such person, under oath, concerning any income which was or should have been returned for taxation, or withheld, 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 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.
(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 this section or with an order or subpoena of the Tax Commissioner authorized hereby, shall be deemed a violation of this chapter, punishable as provided in § 882.99.
(d) 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 from the date the taxes required to be withheld are paid.
(e) Any information gained as a result of any return, investigation, hearing or verification required or authorized by this chapter shall be confidential and no disclosure thereof shall be made except to municipal, county, state or federal taxing agencies, or except for official purposes, or except in accordance with proper judicial order. No person shall divulge such information.
(Ord. 1455, passed 5-17-1967) Penalty, see § 880.99