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1997_Ordinances
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the period specified in Virginia Code Section 58.1-3940, as amended, or (ii) two years after the <br />• final determination of an 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 decision in a court application <br />pursuant to Virginia Code Section 58.1-3984 or similar law for which collection has been stayed, <br />whichever is later; or iv two years after the date of assessment if the period for assessment has <br />been extended by agreement of the Commissioner and the taxpayer. <br />Section 14-6. Appeals and rulings. <br />(a) Any person assessed with a license tax as a result of an audit may apply within ninety <br />(90) days from the date of such assessment to the Commissioner for a correction for the <br />assessment. The application must be filed in good faith and sufficiently identify the taxpayer, <br />audit period, remedy sought, each alleged error in the assessment, the grounds upon which the <br />taxpayer relies, and any other facts relevant to the taxpayer's contention. The Commissioner may <br />hold a conference with the taxpayer if requested by the taxpayer, or require submission of <br />additional information and documents, a further audit, or other evidence deemed necessary for a <br />proper and equitable determination of the application. The assessment shall be deemed prima <br />facie correct. The Commissioner shall undertake a full review of the taxpayer's claims and issue <br />a determination to the taxpayer setting forth its position. Every assessment pursuant to an audit <br />shall be accompanied by a written explanation of the taxpayer's right to seek correction and the <br />specific procedure to be followed. This written explanation shall include the name and address <br />to which such an application should be directed. <br />(b) Once a timely and complete application has been made, collection activity shall be <br />suspended until a final determination is issued by the Commissioner, unless the Commissioner <br />determines that such collection would be jeopardized by delay or that <br />the taxpayer has not responded to a request for relevant information after a reasonable time. <br />Interest shall accrue in accordance with the provisions of Section 14-12 of this chapter, but no <br />further penalty shall be imposed while collection action is suspended. The term "jeopardized by <br />delay" includes a finding that the application is frivolous, or that a taxpayer desires to (i) depart <br />quickly from the city, (ii) remove his property therefrom, (iii) conceal himself or his property <br />therein, or (iv) do any other act tending to prejudice, or to render wholly or partially ineffectual, <br />proceedings to collect the tax for the period in question. <br />(c) Any person assessed with a local license tax as a result of an audit may apply within <br />ninety (90) days of the determination by the Commissioner "f t4te Pcivcttuc on an application <br />pursuant to subsection (a) of this section to the Virginia Tax Commissioner for a correction of <br />such assessment. The Tax Commissioner shall issue a determination to the taxpayer within <br />ninety (90) days of receipt of the taxpayer's application, unless the taxpayer and the assessing <br />official are notified that a longer period will be required. The application shall be treated as an <br />application pursuant to Virginia Code Section 58.1-1821, as amended, and the Vim Tax <br />Commissioner may issue an order correcting such assessment pursuant to Virginia Code Section <br />58.1-1822ed. Following such an order, either the taxpayer or the assessing official <br />may apply to the appropriate circuit court, pursuant to Virginia Code Section 58.1-3984, as <br />• Page 6 of 26 <br />
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