Skip to code content (skip section selection)
(a) Duty to Receive Tax Imposed. The Administrator shall receive the tax imposed by this chapter in the manner prescribed herein from the taxpayer, keep an accurate record thereof and report all moneys so received.
(b) Duty to Enforce Collection. The Administrator shall enforce payment of all taxes owing to the City, keep accurate records showing the amount due from each taxpayer required to file a declaration and make any return, or both, including taxes withheld, and show the dates and amounts of payments thereof.
(c) Authority to Make and Enforce Regulations. The Administrator is hereby charged with the enforcement of the provisions of this chapter and is hereby empowered, subject to the approval of the Board of Review, to adopt and promulgate and to enforce rules and regulations relating to any matter or thing pertaining to the collection of taxes and the administration and enforcement of the provisions of this chapter, including provisions for the re-examination and correction of returns.
(d) Authority to Arrange Installment Payments. The Administrator is hereby authorized to arrange for the payment of unpaid taxes, interest and penalties on a schedule of installment payments, when the taxpayer has proved to the Administrator that, due to certain hardship conditions, he is unable to pay the full amount of the tax due. Such authorization shall not be granted until proper returns are filed by the taxpayer for all amounts owed by him under this chapter. Failure to make any deferred payment when due shall cause the total unpaid amount, including penalty and interest, to become payable on demand and the provisions of Sections 890.08 and 890.13 shall apply.
(e) Authority to Determine Amount of Tax Due. In any case where a taxpayer has failed to file a return or has filed a return which does not show the proper amount of tax due, the Administrator may determine the amount of tax appearing to be due the City from the taxpayer and shall send to such taxpayer a written statement showing the amount of tax so determined, together with interest and penalties thereon, if any.
(f) Authority to Make Investigations. The Administrator, 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, or whom the Administrator believes is subject to, the provisions of this chapter, 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 Administrator, or his duly authorized agent or employee, the means, facilities and opportunity for making such examinations and investigations as are hereby authorized.
(g) Authority to Compel Productions of Records. The Administrator 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 any person before him, whether as a party or a witness, whenever he believes such person has knowledge of such income or information pertinent to such inquiry.
(h) Refusal to Produce Records. 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 chapter or with an order or subpoena of the Administrator authorized hereby, shall be deemed a violation of this chapter punishable as provided in Section 890.99.
(i) Taxpayer Required to Retain Records. Every taxpayer shall retain all records necessary to compute his tax liability for a period of seven years from the date his return is filed, or the withholding taxes are paid.
(j) Authority in Contract for Central Collection Facilities. The Mayor is hereby authorized to enter into an agreement, subject to the consent of Council, on behalf of the City with any other municipal corporation or collection agency if other than a municipal corporation to permit such other municipal corporation or collection agency to act as agent for the City for the purposes of administering the income tax laws of the City and of providing a central collection facility for the collection of the income tax on behalf of the City.
(k) Authority to Contract for Service. In the event the Mayor, on behalf of the City, enters into an agreement with any other municipal corporation or collection agency to act as agent of the City for the purposes of administering the income tax laws of the City and of providing a central facility for the collection of the income tax, as provided in this section, then all or part of the duties and authority of the Administrator may be assigned by such agreement to such other municipal corporation or collection agency.
(l) Confidential Nature of Information Obtained.
(1) Any information gained as the result of any returns, investigations, -hearings or verifications required or authorized by this chapter shall be confidential, except for official purposes or except in accordance with proper judicial order. No person shall divulge such information in violation of this section.
(2) In addition to the penalty provided in Section 890.99, an employee of the City who violates the provisions of this section relative to the disclosure of confidential information is guilty of an offense punishable by immediate dismissal.
(Ord.68-27. Passed 7-23-68.)