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1996_Ordinances
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1996_Ordinances
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• law requires, the Commissioner shall assess the license issuance <br />fee and license for such year or years 'at the rate or rates <br />prescribed for that tax year or years. This subsection permitting <br />a six (6) year reach back shall be construed to permit assessments <br />of tax only for a license year beginning January 1, 1997, or <br />thereafter. <br />(d) Except as specified in instances of fraud or failure to <br />apply in the preceding section, the period for collecting any local <br />license issuance fee and license tax shall not expire: (i) prior to <br />the period specified in Virginia Code Section 58.1-3940, as <br />amended, or (ii) two years after the final determination of an <br />appeal for which collection has been stayed pursuant to Section 19- <br />32.1(b). or (d) of this chapter, or (iii) two years after the final <br />decision in a court application pursuant to Virginia Code Section <br />58.1-3984 or similar law for which collection has been stayed, <br />whichever is later. <br />Section 14-6. Appeals and rulings. <br />(a) Any person assessed with a license tax as a result of an <br />audit may apply within ninety (90) days from the date of such <br />assessment to the Commissioner for a correction for the assessment. <br />The application must be filed in good faith and sufficiently <br />identify the taxpayer, audit period, remedy sought, each alleged <br />error in the assessment, the grounds upon which the taxpayer <br />• relies, and any other facts relevant to the taxpayer's contention. <br />The Commissioner may hold a conference with the taxpayer if <br />requested by the taxpayer, or require submission of additional <br />information and documents, a further audit, or other evidence <br />deemed necessary for a proper and equitable determination of the <br />application. The assessment shall be deemed prima facie correct. <br />The Commissioner shall undertake a full review of the taxpayer's <br />claims and issue a determination to the taxpayer setting forth its <br />position. Every assessment pursuant to an audit shall be <br />accompanied by a written explanation of the taxpayer's right to <br />seek correction and the specific procedure to be followed. This <br />written explanation shall include the name and address to which <br />such an application should be directed. <br />(b) Once a timely and complete application has been made, <br />collection activity shall be suspended until a final determination <br />is issued by the Commissioner, unless the Commissioner determines <br />that such collection would be jeopardized by delay caused by the <br />suspension or that the taxpayer has not responded to a request for <br />relevant information after a reasonable time. Interest shall <br />accrue in accordance with the provisions of Section 14-12 of this <br />chapter, but no further penalty shall be imposed while collection <br />action is suspended. The term "jeopardized by delay" includes a <br />finding that the application is frivolous, or that a taxpayer <br />desires to (i) depart quickly from the city, (ii) remove his <br />property therefrom, (iii) conceal himself or his property therein, <br />• or (iv) do any other act tending to prejudice, or to render wholly <br />Page 11 of 34 <br />
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