HomeMy WebLinkAbout05292d.
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ORDINANCE NO. 5292
AN ORDINANCE ADDING, AMENDING, REPEALING AND
REENACTING VARIOUS SECTIONS OF CHAPTER 4 OF
TITLE XIV OF THE 1971 CODE OF ORDINANCES TO
MAKE SUBSTANTIVE AND PROCEDURAL CHANGES AND
ADDITIONS TO THE PENALTIES, PAYMENT, COLLEC-
TION, ENFORCEMENT, AND REFUND OF CITY OF
PUEBLO SALES AND USE TAXES
WHEREAS, House Bill 1007 as recently enacted by the Colorado
legislature requires conformance of the sales and use tax ordi-
nances of home rule cities to the statutes governing state sales
and use tax collection and enforcement, but in addition purports
to limit the powers of home rule cities to impose municipal sales
and use taxes; and
WHEREAS, the City Council reaffirms its position that imposi-
tion of sales and use taxes by the City of Pueblo is a matter of
local concern, and an inherent home rule power granted to the City
of Pueblo under Article XX of the Colorado Constitution; and
WHEREAS, the City Council declines to make any substantive
changes in its sales and use tax ordinances in response to House
Bill 1007; and
WHEREAS, the City Council wishes to conform certain of its
ordinances to the existing state statutes governing procedures for
collection and enforcement of state sales and use taxes, amending
such ordinances not in response to House Bill 1007, but under
authority granted to the City Council by the people of the City of
Pueblo in Ordinance No. 3160; NOW, THEREFORE,
BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, COLORADO, that:
(underscoring indicates material added, brackets indicate material
deleted)
SECTION 1.
Section 14-4-5 is hereby amended to read as follows:
14-4-5: EXAMINATION OF RETURN
As soon as practicable after a return is filed, the
Director shall examine it and shall determine the correct
amount of tax. If the tax found due is greater than the
amount theretofore assessed or paid, a notice of [final
determination -assessment and demand for payment] deficiency
shall be mailed to the taxpayer by certified mail.
[The tax, together with interest thereon at the .rate
imposed under sec. 14-4-14, from the time the return was due,
and penalties, if any, shall be paid within thirty days after
mailing of the notice and demand for payment by the
Director.]
SECTION 2.
Section 14-4-12 is hereby amended to read as follows:
14-4-12: [LIMITATION OF ACTION] LIMITATIONS
(a) The taxes for any period, together with interest
thereon and penalties with respect thereto, imposed by this
Chapter shall not be assessed, nor shall any notice of lien
be filed, or distraint warrant [be] issued, or suit for
collection be instituted, [or] nor any other action to
collect the same be commenced, more than three years after
the date on which the tax was or is payable; nor shall any
lien continue after such period, except for taxes assessed
before the expiration of such period, [and where] notice of
lien with respect [thereto] to which has been filed prior to
the expiration of such period[;], in which cases such lien
shall continue only for one year after the filing of notice
thereof.
(b) In the case of failure to file a return or the
f i 1 ing of a false or fraudulent return with intent to evade
tax, the tax, together with interest and penalties[,]
thereon, may be assessed, or proceedings for the collection
of such taxes may be begun at any time.
(c) Before the expiration of such period of limitation,
the taxpayer and the Director of Finance may agree in writing
to an extension thereof, and the period so agreed on may be
extended by subsequent agreements in writing.
SECTION 3.
A new section 14-4-15 is added to read as follows:
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14-4-15: INTEREST ON UNDERPAYMENT, NONPAYMENT OR EXTENSIONS
OF TIME FOR PAYMENT OF TAX
(a) If an amount of sales or use tax is not paid on or
before the last date prescribed for payment, interest on such
amount at the rate imposed under section 14-4-14 shall be
paid for the period from such Last date to the date paid.
The last gate_prescribed for payment shall be determined
without regard to any extension of time for payment and shall
be determined without regard to any notice and demand for
�a merit issued, by reason of jeopardy, prior to the last date
otherwise prescribed for such payment. In the case of a tax
in which the last date for payment is not otherwise pre-
scribed, the last date for payment shall be deemed to be the
date the liabilit for the tax arises, and In no event shall
it ter than the date notice and demand for the tax is
made by the Director of finance or his delegate.
(b) Interest prescribed under this section shall be
paid d _.._
p upon notice and demand and shall be assessed, collected,
and paid in the same manner as the tax to which it is
applicable.
(c) If any portion of a tax is satisfied by credit of
an overpayment, then no interest shall be imposed under this
section on the portion of the tax so satisfied for !any eriod
during which, if the credit had not been made, interest would
have been allowed with respect to such overpayment.
(d) Interest 2rescribed under this section on any tax
may be assessed and collected at any time during the period
within which the tax to which such interest relates may be
assessed and collected.
SECTION 4.
A new section 14-4-16 is added to read as follows:
14-4-16: PENALTY INTEREST ON UNPAID USE TAX
Any use tax due and unpaid under this Chapter shall be a
debt to the City of Pueblo, and shall draw interest at the
rate imposed under section 14-4-14, in addition to the
interest provided by section 14-4-15, from the time when due
until paid. The Director of Finance may recover at law the
amount of such tax and interest in a suit instituted in the
name of the City of Pueblo, and this remedy shall bein
addition to all other remedies.
SECTION 5.
Section 14-4-22 is hereby amended to read as follows:
14-4-22: BURDEN OF PROOF
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The burden of [proof] proving that sales, services and
commodities [, and services] on which tax refunds are
claimed[,] are exempt from taxation hereunder, or [where]
were not at retail, shall be on the one making such claim
under such reasonable requirements of proof as the Director
of Finance [may] prescribes. Should the applicant for refund
be aggrieved at the final decision of the Director of
Finance, he may proceed to have the same reviewed by the
District Court in the manner provided for review of other
decisions of the Director of Finance as rovided in section
14-4-33.
SECTION 6.
Section 14-4-23 is hereby repealed and reenacted to read as
follows:
14-4-23: [DEFICIENCIES --DISREGARD OF RULES; PENAL SUM;
INTEREST] DISTRAINT WARRANTS - PENALTIES
If any person, firm or corporation liable for the
payment of any tax covered by this Chapter has repeatedly
failed, neglected or refused to pay the same within the time
specified for such payment, and the Director of Finance has
been required to issue distraint warrants to enforce
collection of any taxes due from such taxpayer, the Director
is hereby authorized to assess and collect the amount of such
taxes due, together with all interest and penalties thereon
provided by law, and also the following additional penalties
for recurring distraint warrants:
(a) Three, four, or five consecutive
distraint warrants issued: Fifteen percent of the
delinquent taxes, interest and penalties due or the sum
of twenty-five dollars, whichever amount is qreater;
(b) Six or more consecutive distraint
warrants issued: Thirty percent of the delinquent taxes,
interest and penalties due or the sum of fifty dollars,
whichever amount is areater.
Section 7.
Section 14-4-25 is hereby amended to read as follows:
14-4-25: TAX ESTIMATED WHERE NO RETURN; ASSESSMENT; MODIFI-
CATION; NOTICE
(a) If a person neglects or refuses to make a return in
payment of the tax or to pay any tax as required by this
Chapter, the Director of Finance shall make an estimate,
based upon such information as may be available, of the
amount of taxes due for the period for which the taxpayer is
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delinquent and shall add thereto a penalty equal to the sum
of fifteen dollars for such failure or ten percent thereof
and interest on such delinquent taxes at the rate imposed
under section 14-4-14 plus one-half percent per month from
the date [where] when due, not exceeding eighteen percent in
the aggre ate. Promptly thereafter the Director shall give
to the delinquent taxpayer written notice of such estimated
taxes, penalty and interest, which notice shall be [served
personally or] sent by certified mail directed to the last
address of such person on file with the [Director] Department
of Finance.
(b) Such estimate shall thereupon become a notice of
[final determination -assessment and demand for payment]
deficiency as provided in section 14-4-5 [and shall be final
and due and payable thirty days from the date of service of
the notice]. A hearing may be held and the Director shall
make a final determination pursuant to section 14-4-27. The
taxpayer may appeal the said final determination in the
manner provided in section 14-4-[29]33.
SECTION 8.
Section 14-4-27 is repealed and reenacted to read as follows:
14-4-27: COMPLAINTS AS TO ASSESSMENTS --PETITION; HEARING,
NOTICE
(a) The taxpayer may request a hearing on the proposed
tax by application to the Director of Finance within thirty
days of the mailing of a notice of deficient .
(b) The request for hearing shall set forth the
taxpayer's reasons for and the amount of the requested
changes in the deficienc .
(c) The Director of Finance shall notify the taxpayer
in wiing of the time and place for such hearing thirty days
prior thereto.
(d) After a hearing under this section, the taxpayer
shall not be entitled to a second, hearinq before the Director
of Finance on the matters set forth in his previous request
for hearing.
(e) The hearing shall be held before the Director of
Finance or before such person within the department as the
Director shall designate. The said Director or his delegate
is authorized to administer oaths and take testimony. At the
hearing, the taxpayer may assert any facts, make any
,a r, umente, and file any briefs and affidavits he believes
pertinent to his cause.
(f) In lieu of the request for hearing within the time
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provided by this section the taxpa er may, at his election,
file a written brief and such other written materials or
documents as he deems appropriate and request that the
Director of Finance reconsider the deficiency without a
hearing. The Director shall reconsider the deficiency in the
same manner as if the written material submitted had been
presented at a hearing pursuant to this section. The
submission of written material shall be considered for all
purposes the same as a request for and submission of the
material at a hearin .
(g) Based on the evidence presented at such hearing or
filed in sueport of the taxpayer's contentions or after the
expiration of thirty days from the mailing of the notice of
deficiency, if no request for hearing or brief has been filed
b
thetaxpayer, the Director of Finance shall, make a final
determination within a reasonable time and shall send the
taxpayer a notice of final determination by certified mail
accompanied by notice and demand for payment. The Director
may modify, the tax, penalty, and interest questioned at the
hearing and may approve a refund; except that, no additional
tax shall be assessed for less than one dollar. Unless an
-ap2eal is taken as provided in section 14-4-33, the tax,
together with interest thereon and penalties, if any, shall
be 2aid within thirty days after mailinM of the notice and
demand for payment by the Director.
SECTION 9.
Section 14-4-28 is hereby repealed and reenacted to read as
follows:
14-4-28: [SAME --DIRECTOR'S DECISION; NOTICE] REJECTION OF
REFUND CLAIMS
Upon rejection, in whole or in part, of a claim for
refund filed by a taxpayer, the Director of Finance shall
send a notice of rejection to the taxpayer in writing by
first-class mail directed to the last address on file with
the department as indicated on the last return filed by such
taxpayer; and, within thirty days from the mailing thereof,
the tax a er may request a hearing or file a brief with the
Director, except where the claim is for refund of a
deficiency in taxes assessed after hearing or determination
on written briefs had under the provisions of section 14-4-
27. Thereafter, both the taxpayer and the Director shall
proceed as provided in section 14-4-27 with respect to the
hearing or determination on written brief. Upon reacting a
decision a on such claim for refund after hearing had thereon
or consideration of the written brief, the Director shall
send to the taxpayer, by first-class mail directed to the
last address on file with the department as indicated on the
last return filed by such taxoaver, notice of final determi-
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nation of claim for refund, stating therein the qrounds for
allowance orrejection in whole or in part. This section
sha .lnot prevent a taxpayer from suing for a refund in the
district court within the time prov::ded by law whether or not
Ke requests a hearin or presents a written krief.
SECTION 10.
Section 14-4-29 is hereby repealed.
SECTION 11.
Section 14-4-31 is hereby amended to read as follows:
14-4-31: COMPROMISE
(a) Compromise Limitation. The Director or his
delegate may compromise [to the extent of Five Hundred
Dollars ($500.00)] any civil or criminal case arising under
the Sales and Use Tax Code, prior to reference to the City
Attorney's Office for prosecution or defense; and the City
Attorney or his delegate shall, upon the written direction of
the Director, compromise any such case after reference to the
City Attorney's Office for prosecution or defense.
(b) Compromise Record. Whenever a compromise, in value
or valuation, of [Five Hundred Dollars ($500.00) or less] Two
Thousand Five Hundred Dollars or more is made by the Director
or his delegate in any case, there shall be placed on file in
the office of the Director or his delegate the opinion of the
Director with his reasons therefor, which may include a
financial inability of the taxpayer to pay a greater amount
with the statement of:
(1) The amount of tax assessed;
(2) The amount of interest, additional amount,
addition to the tax or assessable penalty imposed by law
on the person against whom the tax is assessed; and,
(3) The amount paid in accordance with the term of
the compromise.
(c) Notwithstanding the provisions of subsection (b),
no such opinion shall be required with respect to the
compromise of any civil case in which the unpaid amount of
tax assessed, including any interest, additional amount,
addition to the tax, or assessable penalty, is less than two
thousand five hundred dollars.
SECTION 12.
Section 14-4-32 is hereby amended to read as follows:
14-4-32: APPEALS; BOND; FILING
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(a) Within fifteen days after filing [of] the notice of
appeal, the taxpayer shall file with the district court a
surety bond in twice the amount of the taxes, interest[s],
and other charges stated in the final determination by the
Director which are contested on appeal[;].
(b) The taxpayer may, at his option, satisfy the surety
bond requirement by a savings account or deposit in or a
certificate of deposit issued by a state or national bank
doing business in this state or by a state or federal savings
and loan association doing business in this state. Such
savings account, deposit or certificate of deposit shall be
in an amount equal to twice the amount of the taxes, interest
an other charges stated in the final determination by the
Director, and shall be assigned to the City of Pueblo
Department of Finance for the use of the people of the City
of Pueblo. The aggregate liability of the bank or savings
and loan association shall in no event exceed the amount of
the deposit. For the purposes of this Chapter, "bond"
includes the savings account, deposit, or certificate of
deposit authorized by this subsection. The Director of
Finance shall promulgate rules and regulations defining the
method of assignment, required period of liability, and such
other procedures as may be necessary.
(c) [but the] The taxpayer may, at his option, deposit
the disputed amount with the Director in lieu of posting a
surety bond. If such amount is so deposited, no further
inert shall accrue on the deficiency contested during the
pendency of the action. At the conclusion of the action,
after appeal to the Colorado Supreme Court or the Court of
Appeals or after the time for such appeal has expired, the
funds deposited shall be, at the direction of the court,
either retained by the Director and applied against the
deficiency or returned in whole or in part to the taxpayer
with interest at the rate imposed under sec. 14-4-14. No
claim for refund of amounts deposited with the Director need
be made by the taxpayer in order for such amounts to be
repaid in accordance with the direction of the court.
SECTION 13.
Section 14-4-33 is hereby amended to read as follows:
14-4-33: [SAME --REVIEW BY DISTRICT COURT; PETITION; WRIT]
APPEALS
(a) The taxpayer may a22eal the final determination of
the Director of Finance issued pursuant to section 14-4-27 or
14-4-28 within thirty days of the mailing of such determina-
T3 n .
[(a)] (b) The District Court of the Tenth Judicial
District of the State of Colorado shall have [original]
jurisdiction to hear and determine appeals [in proceedings to
review all questions of law and fact determined by] from any
final determination of the Director of Finance [in
administering] under the provisions of this Chapter.
[(b)] (c) Appeal to the District Court shall be taken
by filing with the Clerk of the District Court a copy of the
[Hearing Determination Notice] notice of final determination
received by the taxpayer, together with a written notice
stating that the taxpayer appeals to the District Court and
alleging the pertinent facts upon which such appeal is
grounded.
[ (c) ] ( d ) The District Court shall try the case de
novo, reviewing all questions of law and fact, such review
being conducted in accordance with the Colorado Rules of
Civil Procedure. The taxpayer shall present his case in the
same manner as the plaintiff in other civil actions[,] and
the normal rules of evidence shall apply. The taxpayer shall
have the burden of proof with respect to the issues [rasied]
raised in the notice of appeal except as to the issue of
whether the taxpayer has been guilty of fraud with intent to
evade tax. The burden of proof shall be on the Director of
Finance or his delegate to show that a petitioner is liable
as a transferee of property of a taxpayer but not to show
that the taxpayer was liable for the tax. The District Court
may affirm, modify or reverse the determination of the
Director[,] and may enter judgment on its findings.
[(d)] (e) Upon filing of the Notice of Appeal, the
Director of Finance shall be deemed to be a party to such
appeal; and the Clerk of the District Court shall docket the
cause as a civil action. The appellant shall cause summons
to be issued[,] and cause the same to be served upon the
Director of Finance, in accordance with the manner [now]
provided by law in civil cases. Notice of the date of trial
shall be mailed to the taxpayer and to the Director of
Finance, at least twenty [(20)] days prior thereto.
[(e)] (f) The final decision made in such appeal shall
be entered as a judgment, as in other civil cases, against
the taxpayer or against the Director of Finance as the case
may be.
SECTION 14.
Section 14-4-34 is hereby amended to read as follows:
14-4-34: SAME --REVIEW BY SUPREME COURT
The decision of the District Court [may be reviewed in]
shall be reviewable by the Supreme Court or the Court of
Appeals [upon writ of error by any party] as is otherwise
M*M
provided by
SECTION 15.
Section 14-4-35 is hereby amended to read as follows:
14-4-35: DEFICIENCIES; PENAL SUM; INTEREST
If any part of the deficiency is due to negligence or
intentional disregard of authorized rules and regulations
with knowledge thereof but without intent to defraud there
shall be added ten per cent of the total amount of the
deficiency, and interest in such case shall be collected at
the rate imposed under sec. 14-4-14 in addition to the
interest provided by section 14-4-[5]15 on the amount of such
deficiency from the time the return was due from the person
required to file the return, which interest and addition
shall become due and payable ten days after written notice
and demand to him by the Director.
If any part of the deficiency is due to fraud with the
intent to evade the tax, there shall be added [fifty] one
hundred per cent of the total amount of the deficiency and in
such case the whole of amount of the tax unpaid, including
the additions, shall become due and payable ten days after
written notice and demand by the Director and an additional
[one] three per cent per month on said amount shall be added
from the date the return was due until paid.
SECTION 16.
Section 14-4-39 is hereby amended to read as follows:
14-4-39: SAME --APPEAL FROM LICENSE REVOCATION ORDER
Any finding and order of the Director revoking the
license of any person shall be subject to review by the
District Court of the Tenth Judicial District of Colorado.
The procedure for review shall be, as nearly as possible, the
same as provided [by this Chapter] for the review of [a
Hearing Determination Notice of the Director] findings as
rovided by 2roceedings,in the nature of certiorari.
SECTION 17.
Section 14-4-40 is hereby amended to read as follows:
14-4-40: [DISPUTE OVER LIABILITY - REFUND PROCEDURE] REFUNDS
(a) If the Director discovers from the examination of a
return within the time periods provided for the filing of
refunds, or upon claim duly filed by the taxpayer, or upon
final judgment of a court, that the tax, penalty or interest
paid by any taxpayer is in excess of the amount due, or has
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been illegally or erroneously collected, then the Director
shall issue in favor of the taxpayer his warrant for refund
of such illegally collected tax, penalty, or interest,
regardless of whether or not such sum was paid under protest,
together with interest at the rate imposed under sec. 14-4-
14, out of the reserve, provided therefor; but the Director
shall keep in his files a duplicate of said warrant and also
a statement which shall set forth the reason why such refund
has been ordered.
(b) Whenever it is established that any taxpayer has,
for any period open under this Chapter, overpaid a sales or
use tax and that there is an unpaid balance of tax and
interest acrued, according to the records of the Director,
owing by such [the] taxpayer [has] for any other period, [an
unpaid balance of tax, penalty or interest owing,] or that
there is any unpaid debt owing to the C ty of Pueblo or any
agency thereof by such taxpayer, and which is found to
be -
owing as a result of a final agency determination or the_
amount of which has been reduced to judgment and as-certified-
by
scertified
by the Director, so [such] much of the overpayment of tax
plus interest allowable thereon as does not exceed the amount
of such unpaid balance or unpaid debt shall be credited
[thereto,] first to the unpaid balance of tax and interest
accrued and then to the unpaid debt, and any excess of the
overpayment shall be refunded.
(c) Interest shall be
overpayment in respect to any
imposed under section 14 -4 -
allowed and paid as follows:
allowed and paid upon any
sales or use tax at the rate
14. Such interest shall be
(1) In the case of a credit, from the date of the
overpayment to the due date of the amount against which
the credit is taken;
() In the case of a refund, from the date of the
over a meat to a date, to be determined by the Director
of Finance or his delegate, preceding the date of the
refund by not more than thirty days, whether or not such
re and is accepted by the taxpayer after tender of such
refund to the taxpayer. The acce tance of such refund
shall be without prejudice to any right, of the taxpayer
to claim anv additional overpayment and interest
thereon.
(d) Any portion of a sales or use tax or any interest,
assessable penalty, additional amount, or addition to a tax
or char a which has been erroneously refunded shall bear
interest at the rate imposed under section 1-4-1.4 from the
date of the payment of the refund.
(e) If any overpayment of sales or use tax is refunded
within ninety days after the last date prescribed for filing
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the return of such tax, determined without regard to any
extension of time for filing the return, no interest shall be
allowed under subsection (c) of this section on such over-
payment.
SECTION 18.
Section 14-4-41 is hereby amended to read as follows:
14-4-41: RIGHT OF REFUND--NONASSIGNABLE
The right of any person to a refund under this Chapter
shall not be assignable and, except as provided in section
14-4-90(d), such application for refund must be made by the
same person who purchased the goods and paid the tax thereon
as shown in the invoice of the sale thereof.
SECTION 19.
Section 14-4-42 is hereby amended to read as follows:
14-4-42: FALSE STATEMENTS [ON REFUND APPLICATION] CONCERNING
REFUNDS
Any applicant for refund under the provisions [herein-
above] of this Chapter, or any other person[,] who [shall
make] makes any false statement in connection with an
application for a refund of any tax shall be deemed guilty of
a violation of this Code.
SECTION 20.
A new section 14-4-50 is added to read as follows:
14-4-50: PENALTIES
In addition to the personal liability rovided in.
section 14-4-30, all officers of a corporation and all
members of a 2artnership required to collect, account for,
and pay over any tax administered by this Chatter who
V71—liful1v fail to collect, account for, or pay over such tax
or who willfully attempt in any manner to evade or defeat an
such tax, or the payment thereof, are sub ect to, in addition
to other penalties provided in this Chapter, a penalty e ual.
to one hundred fifty,per cent of the total amount of the tax
not collected, accounted for, paid over, or otherwise evaded.
An officer of a corporation or a member of a partnership
shall be deemed to be subject to this section if the
cor oration or partnership is sub`ect to filing returns or
2aying taxes administered by this Chapter and if such
officers of corporations or members of partnerships
voluntarily or at the direction of their superiors assume the
duties or responsibilities of complying with the provisions
of anv tax administered by this Chapter on behalf of the
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corporation or partnership.
SECTION 21.
Section 14-4-88 is hereby repealed and reenacted to read as
follows:
14-4-88: USE TAX RETURNS AND COLLECTIONS
(a) Every person subject to the provisions of this
Chapter who uses, stores, or consumes tangible personal
property in the conduct of a business in this city, which
property is purchased either inside or outside this cit , and
his
top has not a retailer s all makeid the saor use returntax andmposed by rem �e tChapter
tax imposed
by this Chapter to the Director of Finance for the preceding
period covered by the remittance on forms prescribed by him,
showing in detail the tan ible personal property stored,
used, or consumed by said ^erson in the conduct of his
business within the City in the preceding period covered_12L
the remittance and on which property the said sales or use
tax has not, been pad. Every person subject to the
provisions of this Chapter shall maintain monthly records of
the amount of tax due. At such time as the cumulative tax
due at the end of any month is in excess of three hundred
dollars, such person shall make a return and remit the tax
due before the twentieth day of the following month. If the
total tax due in a calendar year is less than three hundred
dollars, such person shall make a single return and
remittance for such calendar year before January 20 of the
followina calendar vear.
(b) Every eerson who is subject to the rovisions of
this Cha,ter who uses, stores, or consumes tangible personal
property not in the conduct of a business, which is purchased
either inside or outside this city, who has not paid the
sales or use tax imposed by th-s Cha ter to a retailer, shall
make a return and remit the tax annually, at the time the
Colorado income tax of such erson is due and payable, on
forms prescribed By the Director of Finance, showing in
detail thetan Ible personal property stored, used*, or
consumed by said persons within this city for the precedin2
taxable ear .
(c) All such returns shall be subscribed by the
taxpa er or his a ent and shall contain a written declaratili
s made under the penalties of perjury in the secon
de ree.
(d) Every retailer doing business in this cit and
making sales of tangable p-rsonal_._2roy,)ertv for storage, use,
or consumption in the City, and not exemmted as providedn
section 14-4-7 7, at the time of making such sales or Lakin
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the orders therefor, or, if the storage, use, or consumption
of such tanglE.1—e j2ersonal property is not then taxable under
this Chapter, then at the time such storage, use, or
consuml2tion becomes taxable under this Chapter, shall collect
the tax imposed by section 14-4-63, from the purchaser and
give to the rchaser a receipt therefor, which receiL)t shall
identify the� property, the date sold or the date ordered, and
the tax collected and paid. The tax re u�Ired to be collected
by such retailer from such purchaser shall be displayed
se2aratel from the advertised rice listed on the forms or
advertising matter on all sales checks, orders, sales slips,
or other 2roof of sales.
(e) It is unlawful for such retailer or agent, to
advertise or hold out or state to the public or to a
customer, directlyorindirectly, that the tax or any part
thereof will be assumed or absorbed by such retailer or
agent, ot- that it will not be added to the selling price of
the pr02erty sold, or if added, that it or any 2art thereof
will be refunded. The tax required to be collected by such
retailer or agent shall be remitted to the City in like
manner as otherwise provided in this Chapter for the
remittance of sales taxes collected by retailers, and all
_such retailers or agents collecting the tax imposed by
section 14-4-63 shall make returns on forms provided by the
Director of Finance at such times and in such manner as is
provided' for the making of returns in the payment of the
sales taxes. The procedure for assessing
taxes from such retailers or agents, or from the user when
not p�a�idUo a retailer o.r_agent, shall be the same as
provided in this Chapter for the collection of sales taxes,
including collection by distraint warrant, and said taxes due
and owing from any retailer or agent for the storage - , use, or
consumption of tangible personal property shall bear,fritere-s-T
and be subject to the same penalties as is provided in this
aDter for nonDavment or delinauencies of sales taxes.
SECTION 22.
Section 14-4-90 is hereby amended to read as follows:
14-4-90: DISPUTE OVER LIABILITY --COLLECTION AND REFUND
(a) Should a dispute arise between the purchaser and
seller as to whether or not any sale [or commodity or] ,
service or commodity is exempt from taxation [hereunder]
under this Chapter, nevertheless the seller shall collect and
the purchaser shall pay [such] the tax, and the seller shall
thereupon issue to the purchaser a receipt or certificate, on
forms prescribed by the Director, showing the name of the
seller and the purchaser, the items purchased, the date,
price[,] and amount of tax paid[.] , and a brief statement of
the claim of exemption. The purchaser thereafter may a pl
to said Director for a refund of such taxes, and it is then
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the duty of the Director to determine the,question of
exemption. The purchaser may request a hearing pursuant to
section 14-4-28, and the final determination of the Director
may be appealed to the district court pursuant to section 14-
4-33. [The purchaser may apply to the Director of Finance
for a refund within six (6) months of the purchase date by
presenting to the Director a request for refund, containing a
brief statement of the basis of the claim, the name of the
seller, the date of purchase, the item purchased, and
enclosing the receipt or certificate of sale. It shall be
the duty of the Director to determine the validity of the
claim, subject to review by the courts as provided by this
Chapter.]
(b) A refund shall be made, or a credit allowed, for
the tax so paid under dispute by any purchaser who has an
exemption as provided in this Chapter. Such refund shall be
made by the Director after compliance with the following
conditions precedent: Applications for refund must be made
within sixty days after the purchase of the goods whereon an
exemption is claimed, and must be supported by the affidavit
of the purchaser accom anied by the original paid invoice or
sales receipt and certificate issued by the seller, and be
made u on such forms as shall be prescribed and furnished by
the Director, which forms shall contain such information as
the Director resc-Ibes.
(c) Upon receipt of an a plication, the Director shall
examine the same with due speed and shall give notice to the
applicant b order in writing of his decision thereon.
Aggrieved applicants, within thirty days after such decision
is mailed to thee, may petition the Director for a hearing on
the claim in the manner provided in section 14-4-28 and may
appeal to the district court in the manner provided in
section 1.4-4-33.
(d) A refund shall be made or a credit allowed by the
Director to any person entitled to an exemption where such
erson establishes: That a tax was paid by another on a
urchase made on behalf of such person; or that a tax was
paid b an Independent contractor on or before July 1, 19,
on tangible personal property incorporated into realty for
the sole use, benefit and ownership of any person entitled to
an exem tions and that a refund has not been granted to the
person ma ia2 the purchase, and that the person entitled to
exemption paidor reimbursed the purchaser for such tax., No
such refund shall be made or credit allowed in an amount
greater than the tax paid less the expense allowance on such
urchase rete ned by the vendor pursuant to section 14-4-86.
(e) Such application for refund under subsection (d)
above shall be made within three years after the date of
urc ase and s all be made on forms rescrxbea and furnis-hed
by the Director, which form shatl contain, in addition to the
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foregoing information, such pertinent data as the Director
prescribes. Upon receipt of such application and proof of
the matters nt
coained therein, the Director shall.. give. notice
to the applicant by order in writing of his decision thereon.
-A2 rie ed applicants, within thirty days after such decision
is mailed to them, mav petition the Director for a hearing on
the claim in the manner provided in section 14-4-2.8 and may
appeal to the district court in the manner provided in
section 14-4-33.
(f) Claims for tax moneys paid in error or by mistake
may be processed for refund in accordance with regulations of
the Director under subsection (b) above; except that proceeds
of anv such claim for refund shall first be applied b the
c
Diretor to an tax deficiencies or liabilities existing
against the claimant before allowance of such claim by the
Director; and further, except that if such excess payment of
tax mone s in an erxod is discovered as a result of audit
by the Department of Finance, and deficiencies are discovered
and assessed against the taxpayer as a result of such audit,
such excess moneys shall first be applied against any
deficiencies outstanding to the date of assessment but shall
not be applied to any future tax liabilities.
SECTION 23.
If any section or part of this Ordinance shall be adjudged
unenforceable or invalid, such judgment shall not affect, impair
or invalidate the remaining sections and provisions of this
Ordinance, it being the intention that the various provisions
hereof are severable. If any section or part of this Ordinance
shall conflict with any section or part of the Charter of the
City, such section or provision shall not be deemed to be invalid
but shall to the extent of such conflict be superseded by the
conflicting provisions of the Charter which shall prevail and
control.
SECTION 24.
This Ordinance shall become effective immediately upon final
passage.
INTRODUCED: FEBRUARY 10 , 1986
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ATTEST:
By PAUL JONES
Councilman
APPROVED:
Prbsident of the City -Council
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aye