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1996_Ordinances
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1996_Ordinances
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not subject to licensure in the city on or before January 1 of the <br />• license year, or no later than March 1 of the license year if he <br />had been issued a license for the preceding year. The application <br />shall be on forms prescribed by the Commissioner of Revenue. <br />(b) The Commissioner of Revenue may grant an extension of <br />time in which to file an application for a license, for reasonable <br />cause not to exceed ninety (90) days. Any such extension shall be <br />conditioned upon the timely payment of a reasonable estimate of the <br />appropriate issuance fee and tax. The amount paid is then subject <br />to adjustment at the end of the extension, together with interest <br />from the due date until the date paid and, if the estimate <br />submitted with the extension is found to be unreasonable under the <br />circumstances, with a penalty of ten percent (1000) of the portion <br />paid after the due date. <br />(c) All license issuance fees and license taxes imposed by <br />this chapter shall be due and payable on or before March 1st of <br />each license year, unless otherwise expressly provided. <br />(d) If the amount owed is not paid by the appropriate due <br />date as set forth above, a penalty of ten percent (10e) of the <br />amount owed shall be imposed. In the case of an assessment of <br />additional tax made by the Commissioner of Revenue, if the <br />application was made in good faith and the understatement of the <br />tax was not due to any fraud, reckless or intentional disregard of <br />• the law by the taxpayer, there shall be no late payment penalty <br />assessed with the additional tax. If any assessment of issuance <br />fee or tax by the Commissioner of Revenue is not paid within thirty <br />(30) days, the Commissioner of Revenue shall impose a ten percent <br />(10%) late payment penalty. If the failure to pay was not the <br />fault of the taxpayer, the penalties shall not be imposed, or if <br />imposed, shall be abated by the Treasurer. In order to demonstrate <br />lack of fault, the taxpayer must show that he acted responsibly and <br />that the failure was due to events beyond his control. <br />(e) When used in this section, "acted responsibly" means <br />that: (i) the taxpayer exercised the level of reasonable care that <br />a prudent person would exercise under the circumstances in <br />determining the filing obligations for the business; and (ii) the <br />taxpayer undertook significant steps to avoid or mitigate the <br />failure, such as requesting appropriate extensions (where <br />applicable), attempting to prevent a foreseeable impediment, acting <br />to remove an impediment once it occurred, and promptly rectifying <br />a failure once the impediment was removed or the failure <br />discovered. <br />(f) When used in this section, "events beyond the taxpayer's <br />control" include, but are not limited to, the unavailability of <br />records due to fire or other casualty, the unavoidable absence <br />(e. g., due to death or serious illness) of the person with the sole <br />responsibility for tax compliance, or the taxpayer's reasonable <br />• reliance in good faith upon erroneous written information from the <br />Page 18 of 34 <br />
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