(a) Whenever the amount of any tax, interest or penalty has been overpaid or paid more than once or has been erroneously collected or received by the City under this chapter, it may be refunded as provided in subsections (b) and (c) hereof provided a claim in writing therefor, stating under penalty of perjury the specific grounds upon which the claim is founded, is filed with the Tax Commissioner within three (3) years of the date of payment. The claim shall be on forms furnished by the Tax Commissioner.
(b) An operator may claim a refund or take as credit against taxes collected and remitted the amount overpaid, paid more than once, or erroneously collected or received when it is established in a manner prescribed by the Tax Commissioner that the person from whom the tax has been collected was not a guest. However, neither a refund nor a credit shall be allowed unless the amount of the tax so collected has either been refunded to the guest or credited to rent subsequently payable by the guest to the operator.
(c) A guest may obtain a refund of taxes overpaid or paid more than once or erroneously or illegally collected or received by the City by filing of a claim in the manner provided in subsection (a) hereof, but only when the tax was paid by the guest directly to the Tax Commissioner, or when the guest having paid the tax to the operator, establishes to the satisfaction of the Tax Commissioner that the guest has been unable to obtain a refund from the operator who collected the tax.
(d) No refund shall be paid under the provisions of this section unless the claimant establishes his right thereto by written records showing entitlement thereto and the refund exceeds one dollar ($1.00).
(Ord. 20-2011. Passed 4-26-11.)