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When a person who is required to pay a tax under this Article ceases to do business or otherwise disposes of the business, any tax owed becomes immediately due and payable. That person must immediately remit the total amount of the tax due. (2015 L.M.C., ch. 26, § 1; 2016 L.M.C., ch. 7, § 2.)
(a) If any person does not pay the Director the tax due under Section 52-73, that person is liable for:
(1) interest on the unpaid tax at the rate of 1% per month for each month or part of a month after the tax is due; and
(2) a penalty of 5% of the amount of the tax per month or part of a month after the tax is due, not to exceed 25% of the tax.
The Director must collect any interest and penalty as part of the tax.
(b) If any person does not timely file any report and pay the tax required under this Section, the Director may use any available information to estimate the tax due. As soon as the Director obtains available information on which to base the calculation of any tax payable by any person who has not timely filed any report and paid the tax, the Director may assess against that person any tax, interest, and penalties due and must notify that person of the total amount due by regular mail sent to the person’s last known address. The total amount assessed is due and payable within 10 days after the notice is sent.
(c) Every person liable for any tax under Section 52-73 must preserve for 3 years suitable records necessary to determine the amount of the tax. The Director may inspect and audit the records at any reasonable time.
ARTICLE IX. CARRYOUT BAG TAX.
In this Article, the following terms have the following meanings:
Director means the Director of the Department of Finance.
Carryout bag means a paper or plastic bag provided by a retail establishment to a customer at the point of sale, pickup, or delivery to carry purchased items. Carryout bag does not include:
(1) a bag provided by a pharmacist that contains a prescription drug;
(2) any newspaper bag or bag intended for initial use as a dry cleaning, garbage, pet waste, or yard waste bag;
(3) a bag provided at the point of sale at a seasonal event, such as a farmers market, street fair, or yard sale, or by an occasional retailer;
(4) a paper bag that a restaurant gives a customer to take prepared or leftover food or drink from the restaurant; or
(5) a bag used to package a bulk item or to contain or wrap a perishable item.
Occasional retailer means a retail establishment that engages in the retail sale of goods no more than 6 days in any calendar year.
Restaurant means any lunchroom, café, or other establishment located in a permanent building for the accommodation of the public, equipped with a kitchen containing facilities and utensils for preparing and serving meals to the public, and outfitted with a public dining area. A restaurant does not include any area of a supermarket, department store, or other retail establishment beyond the kitchen and public dining area.
Retail establishment means any person engaged in the retail sale of goods. Retail establishment includes any supermarket, convenience store, shop, service station, or restaurant, and any other sales outlet where a customer can buy goods. (2011 L.M.C., ch. 6, § 1; 2016 L.M.C., ch. 7, § 2.)
(a) A tax in the amount of 5 cents is levied and imposed on each customer for each carryout bag that a retail establishment provides to the customer.
(b) Each retail establishment that provides a carryout bag to a customer must collect the amount of the tax imposed under subsection (a) when the customer makes any payment for goods in person, through the Internet, by telephone, by facsimile, or by any other means. The retail establishment must hold the taxes required to be collected under this Section in trust for the County until remitted as required under Section 52-79.
(c) Each retail establishment may retain 1 cent from each 5-cent tax that the retail establishment collects to cover the administrative expense of collecting and remitting the tax to the County.
(d) A retail establishment must indicate on the customer’s transaction receipt the number of carryout bags that the retail establishment provided to the customer and the total amount of tax levied under this Section. (2011 L.M.C., ch. 6, § 1; 2016 L.M.C., ch. 7, § 2.)
(a) Except as provided in subsection (b), on or before the 25th of each month, each retail establishment must remit the full amount of the tax collected for all carryout bags provided to a customer during the previous month, less the amount retained under Section 52-78(c).
(b) A retail establishment is only required to remit the taxes to the Director when the cumulative taxes collected under Section 52-78(a) since the previous remittance, if any, exceeds $100.
(c) Each remittance must be accompanied by a report of all transactions that involve bags subject to the tax. The report must be on a form supplied by the Director and must contain the number of bags supplied or provided to customers, the amount of tax required by this Section to be collected and any other information the Director requires to assure that the proper tax has been remitted to the County.
(d) (1) If the retail establishment does not file a required report by the deadline established under subsection (a), the Director may estimate the amount of tax due. The Director may base the estimate on a reasonable projection of bags supplied or provided and may consider taxes reported by other retail establishments.
(2) The Director may send a notice of the estimated tax due, including interest and penalty, to the retail establishment’s last known address. The retail establishment must pay the estimated tax, including any interest and penalty assessed by the Director, within 10 days after the notice is sent.
(e) Each retail establishment must preserve for 3 years all records necessary to determine the amount of the tax due under this Section.
(f) The Director may inspect any records required to be kept under this Section at any reasonable time.
(g) The Director must deposit all taxes remitted under this Section into the stormwater management fund created under Section 19-35, after deducting the cost of administering this Article. (2011 L.M.C., ch. 6, § 1; 2016 L.M.C., ch. 7, § 2.)
(a) If a retail establishment does not remit to the Director any tax owed under Section 52-79 when due, the retail establishment is liable for:
(1) interest on the collections at the rate of one percent per month for each month or part of a month after the remittance is due; and
(2) a penalty of 5 percent of the amount of the collections per month or part of a month after the remittance is due, up to 25 percent of the tax collected.
(b) The Director must collect any interest and penalty as part of the remittance due. (2011 L.M.C., ch. 6, § 1; 2016 L.M.C., ch. 7, § 2.)
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