(A) Each person subject to the payment of a license fee under this subchapter shall file an annual return with the Chief Financial Officer according to the following schedule:
(1) For those businesses utilizing a calendar year fiscal year, the returns shall be filed on or before April 15 following the end of the calendar year.
(2) All business entities utilizing a fiscal year which does not end on December 31 shall file a return by the fifteenth day of the fourth month following the close of the fiscal year. Every business entity shall submit a copy of its federal income tax return at the time of filing its return with the City. Whenever, in the opinion of the City, it is necessary to examine the federal income tax return of any business entity in order to audit the return, the City may compel the business entity to produce for inspection a copy of all statements and schedules in support thereof. The City may also require copies of reports of adjustments made by the federal government. The City may initiate a civil action for the collection of any additional tax within the times prescribed in division (D)(4) of this section. No suit shall be maintained in any court to restrain or delay the collection or payment of the fee levied by this ordinance.
(B) (1) Extensions will be granted if a written request by the business is made or a copy of the federal income tax extension is filed with the Finance and Administration Department prior to April 15. Extensions must be accompanied by an estimated payment equal to the payment made for the prior appropriate accounting period.
(2) Upon the filing of the annual return, whatever payment is due, less the estimated payment, shall be subject to interest payments of 12% per year.
(3) If the estimated payment is in excess of the amount actually due, the excess amount will be refunded without interest.
(C) (1) Any returns filed after the granted extension date shall also be subject to a penalty equal to 5% of the fee due for each calendar month or fraction thereof. The total penalty levied pursuant to this division (C)(1) shall not exceed 25% of the total fee due; however the penalty shall not be less than $25.
(2) All returns shall be filed on forms to be furnished by the City.
(D) (1) Each return shall show the business entities gross receipts during the appropriate accounting year; the address or addresses of each place of business being licensed; the exact name shown or to be shown on the business entities income tax return to the state for the same fiscal year being reported to the City; and such other information as may be considered necessary by the Chief Financial Officer.
(2) In order to ascertain any facts necessary to determine the amount of the license fee paid, the Chief Financial Officer may require an applicant to furnish the information under oath or may require the return to be verified under oath.
(3) The return shall be signed by the owner, manager or other responsible official representing the person filing the return and the title of the person signing shall be shown.
(4) If the Chief Financial Officer determines, on a basis of auditing the returns, that the full amount of license fee has not been paid, a notice of additional fee due may be served at any time within the 5 years after the license fee was payable under this division and the additional fee shall be due and payable upon the receipt of the notice.
(5) Any person subject to a license fee under this division shall retain all notes, books and records for a period of 3 years after a license fee was due based upon data in the notes, books and records.
(1995 Code, § 3.20.090)
(Am. Ord. O-2008-009, passed 4-7-2008)
Penalty, see § 37.999