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If the taxpayer fails to comply with certain provisions of this ordinance, then the following <br /> penalties and additions to the tax shall be applicable: <br /> A) In the case of the taxpayer's failure to file the A&P tax return and pay the tax due on or <br /> before the delinquency date, determined with regard to any extension of time for filing <br /> thereof, unless it is shown that the failure is due to reasonable cause and not to willful <br /> neglect, there shall be added to the amount required to be shown as tax on A&P tax <br /> return five percent (5%) of the A&P tax if the failure is not more than one (1) month <br /> past the delinquency date, with an additional five percent (5%) for each additional <br /> month or fraction thereof during which the failure continues, not to exceed thirty-five <br /> percent(35%) in the aggregate. <br /> B) In addition to any penalty assessed hereunder, simple interest on any paid A&P tax shall <br /> be assessed at the rate of ten percent (10%)per annum from the delinquency date. <br /> SECTION 13: Examinations and investigations. <br /> A) In the administration of this ordinance, the Commission or its designated representatives, for <br /> the purpose of determining the accuracy of a return or fixing any liability hereunder, may <br /> make an examination or investigation of the place of business, the tangible personal <br /> property, equipment, facilities, and the books, records, papers, vouchers, accounts, and <br /> documents of any taxpayer or other person. Every taxpayer or other person and his agents <br /> and employees shall exhibit to the Commission or its designated representative these places <br /> and items and facilitate any examination or investigation. <br /> B) No taxpayer shall be subjected to unnecessary examination or investigations and only one <br /> (1) inspection of taxpayer's book of accounts shall be made for each taxable year unless the <br /> taxpayer requests otherwise or unless the Commission, after investigation, notifies the <br /> taxpayer in writing that an additional inspection is necessary. <br /> C) (1)When conducting investigation or an audit of any taxpayer, the Commission or its <br /> designated representative may, in its discretion, examine the records and files of any person, <br /> except where privileged by law, any other business, institution, financial institution, the <br /> record of any state agency, agency of the United States government or agency of any other <br /> state where permitted by agreement or reciprocity. <br /> (2)The Commission or its designated representative may compel production of these records <br /> by summons. A summons may be served directly by the Commission or its designated <br /> representatives. <br /> D) In the administration of this ordinance, the Commission, its Executive Director, or its <br /> designated representative may: <br /> (1) Administer oaths, conduct hearing, and compel by summons the attendance of witness <br /> testimony, and the production of any books, records, papers, or other data of any person <br /> or taxpayer; or <br /> (2) (a) Examine under oath any person regarding the business of any taxpayer concerning <br /> any matter incident to the administration of this ordinance. <br />