(a) No person, including any officer of a commonly controlled entity or employee of a commonly controlled entity having control of or supervision of or charged with the responsibility of filing returns, shall fail to file any return or report required by this chapter, or file or cause to be filed any incomplete, false, or fraudulent return, report, or statement or aid or abet another in the filing of any false or fraudulent return, report, or statement.
(b) If any commonly controlled entity required to file returns under this chapter fails to file such returns when due or to pay the tax thereon, the Director may require such vendor to furnish security in an amount equal to the average tax liability of the vendor for a period of one year; as determined by the Director from a review of returns or other information pertaining to such vendor, which amount shall in no event be less than one hundred dollars ($100.00). The security may be in the form of an advance tax payment to be applied to pay the tax due on subsequent returns, or a corporate surety bond, satisfactory to the Director and conditioned upon payment of the tax due with the returns from the commonly controlled entity. The security must be filed within ten days following the vendor's receipt of the notice from the Director of its requirements.
(c) A corporate surety bond filed under this section shall be returned to the commonly controlled entity if, for a period of twelve consecutive months following the date the bond was filed, the entity has filed all returns and remitted payment therewith within the time prescribed in this chapter.
(Ord. 2022-15. Passed 9-6-22.)