Loading...
(Added by Ord. No. 175,385, Eff. 9/14/03, Oper. 1/1/04.)
(a) When a person engages in a business that consists of two or more activities taxable on the basis of annual gross receipts and one of the activities generates at least 80% of the person’s annual taxable gross receipts, that person may elect on a yearly basis to have all of its taxable annual gross receipts reported and taxed at the rate applicable to the activity constituting at least 80% of annual taxable receipts.
Any business activities taxed other than on the basis of annual gross receipts shall not be combined with business activities taxed on the basis of annual gross receipts, and the receipts generated by the activities taxed other than on the basis of annual gross receipts shall continue to be taxed under the existing tax sections and shall be excluded in computing the 80% threshold.
The provisions of this section shall only apply to gross receipts generated by business activities conducted at or originating from the same location or as otherwise provided for under Section 21.06. All apportionments shall be made prior to electing the single primary tax classification using the appropriate apportionment formulas for each classification.
(b) Any tax deficiency or delinquency resulting from an election and payment made pursuant to Subsection (a) in which the primary tax category does not meet the 80% threshold shall accrue interest and penalties as set forth in Section 21.05 of this Article.
(Amended by Ord. No. 181,051, Eff. 1/31/10.)
(a) No claim for refund shall be allowed in whole or in part unless filed by the person claiming the overpayment, or the person’s authorized agent on the person’s behalf, with the City Clerk within a period of one year from the date of the claimed overpayment, and all such claims for refund of overpayment must be filed with the City Clerk on forms furnished by the City and in the manner prescribed by the City.
(b) Nothing in this section shall be deemed to bring into being or validate any claim for refund arising from a cause heretofore existent if such claim, whether filed or not, was or would have been invalid because of the then existing statutory term, and nothing in this section shall be deemed to validate, revive, restore or continue any claim for refund heretofore filed and denied.
(d) The City shall pay interest on the amount of each allowed claim for refund of overpayment of tax, from the date of filing the claim for refund or, in the case of a payment under protest or pursuant to a billing from the Office of Finance, from the date of overpayment, until the date the overpayment is paid, during each calendar year at the rate per month determined by dividing by 12 the sum of the average Federal short-term rate during the months of July, August and September of the prior calendar year. Unless the monthly rate is evenly divisible by one-tenth of a percentage point, it shall be rounded up to the next highest one-tenth of a percentage point.
(a) Each business tax registration certificate shall be prepared and issued by the Director of Finance and shall state upon the face thereof the following:
1. The name of the person to whom issued.
2. The classification of business engaged in and the section of this article in which the business taxed is described.
3. The address of the location from which the business is conducted, and, where it is different, the mailing address of the business taxed; or where no fixed place of business is maintained, the mailing address of the person to whom the registration certificate has been issued. The mailing address so appearing shall be the address to which all notices required or authorized in this article shall be sent unless the registrant shall request in writing that another address be used for such purpose.
4. The period for which the certificate has been issued.
(b) Each business tax registration certificate shall state on the back thereof the following:
This business tax registration certificate signifies that the person named on the face hereof has fulfilled the requirements of Article 1 of Chapter II of the Los Angeles Municipal Code by registering with the Director of Finance for the purpose of paying business tax for the classification of business for which this certificate is issued. This certificate does not authorize the person to conduct any unlawful business or to conduct any lawful business in an illegal manner or to conduct within the City of Los Angeles the business for which this certificate has been issued without strictly complying with all the provisions of the ordinances of said City, including but not limited to those requiring a permit from any board, commission, department or office of the City. THIS BUSINESS TAX REGISTRATION CERTIFICATE DOES NOT CONSTITUTE A PERMIT. Any failure to comply with the requirements of Article 1 or Article 1.11 of Chapter II of the Los Angeles Municipal Code shall constitute grounds for suspension of this certificate. (Amended by Ord. No. 160,389, Eff. 10/21/85.)
(a) Every person engaged in a business subject to tax under the provisions of this article and which business is conducted at or from a fixed place of business shall keep the registration certificate issued therefor posted in a conspicuous place upon the premises at or from which the business is conducted.
(b) Every person engaged in a business subject to tax under the provisions of this article but not operating from a fixed place of business shall keep the registration certificate issued therefor upon their person at all times while engaging in the business for which it is issued.
(c) Whenever identifying stickers or symbols have been issued for each vehicle, device, machine, or other piece of equipment included in the measure of a business tax, or for each coin-operated machine the gross receipts from which are the measure of the tax, the person to whom such stickers or symbols have been issued shall keep firmly affixed upon each vehicle, device, machine, piece of equipment or coin-operated machine the identifying sticker or symbol which has been issued therefor. Such sticker or symbol shall not be removed from any vehicle, device, machine, piece of equipment or coin-operated machine kept in use, during the period for which the sticker or symbol is issued.
(d) It shall be a misdemeanor for any person to fail to affix as required herein any identifying sticker or symbol to the vehicle, device, machine, piece of equipment, or coin- operated machine for which it has been issued, or to give away, sell or transfer such identifying sticker or symbol to another person, or to permit its use by another person.
(Amended by Ord. No. 179,984, Eff. 8/3/08.)
Duplicate registration certificates may be issued by the Director of Finance to replace any previously issued certificate, which has been lost or destroyed, upon the filing of an affidavit by the registrant or an authorized representative attesting to that fact and upon paying to the Director of Finance a fee of $5.00.
No registration certificate shall be transferable except where the business taxed is transferred, whether by sale or otherwise, to another person under such circumstances that the real or ultimate ownership of the business after the transfer is substantially similar to the real or ultimate ownership existing before the transfer. For the purposes of this section, stockholders, bond-holders, partners, or other persons holding an interest in a corporation or other entity herein defined to be a person are regarded as having the real or ultimate ownership of such corporation or other entity.
(Title and Section Amended by Ord. No. 160,389, Eff. 10/21/85.)
(a) Whenever any person fails to comply with any provision of this article pertaining to business tax or Article 1.11 of this chapter pertaining to payroll expense tax, or any rule or regulation adopted pursuant thereto, the Director of Finance, upon hearing, after giving such person ten days’ notice in writing specifying the time and place of hearing and requiring the person to show cause why their registration certificate or certificates should not be suspended, may suspend any one or more of the registration certificates held by such person. The notice shall be served in the same manner as notices of assessment are served under Section 21.16 of this article.
(b) Any person who engages in any business after the registration certificate issued therefor has been suspended, and before such suspended certificate has been reinstated, shall be guilty of a misdemeanor.
Loading...