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(a) Each person subject to a license issuance fee or license tax shall apply for a license <br />. prior to beginning business if he was not subject to licensure in the city on or before January 1 of <br />the license year, or no later than March 1 of the license year if he had been issued a license for <br />the preceding year. The application shall be on forms prescribed by the Commissioner of <br />ncvcnnc. <br />(b) The Commissioner of Reoerme may grant an extension of time in which to file an <br />application for a license, for reasonable cause not to exceed ninety (90) days. Any such <br />extension shall be conditioned upon the timely payment of a reasonable estimate of the <br />appropriate issuance fee and tax. The amount paid is then subject to adjustment at the end of the <br />extension, together with interest from the due date until the date paid and, if the estimate <br />submitted with the extension is found to be unreasonable under the circumstances, with a penalty <br />of ten percent (10%) of the portion paid after the due date. <br />(c) All license issuance fees and license taxes imposed by this chapter shall be due and <br />payable on or before March 1 st of each license year, unless otherwise expressly provided. <br />(d) If the amount owed is not paid by the appropriate due date as set forth above, a <br />penalty of ten percent (10%) of the amount owed shall be imposed. In the case of an assessment <br />of additional tax made by the Commissioner of Reoem;e, if the application was made in good <br />faith and the understatement of the tax was not due to any fraud, reckless or intentional disregard <br />of the law by the taxpayer, there shall be no late payment penalty assessed with the additional <br />• tax. If any assessment of issuance fee or tax by the Commissioner of Recent e is not paid within <br />thirty (30) days, the Commissioner of Revenue shall impose a ten percent (10%) late payment <br />penalty. If the failure to pay was not the fault of the taxpayer, the penalties shall not be imposed, <br />or if imposed, shall be abated by the treasure r Commissioner. In order to demonstrate lack of <br />fault, the taxpayer must show that he acted responsibly and that the failure was due to events <br />beyond his control. <br />(e) When used in this section, "acted responsibly" means that: (i) the taxpayer exercised <br />the level of reasonable care that a prudent person would exercise under the circumstances in <br />determining the filing obligations for the business; and (ii) the taxpayer undertook significant <br />steps to avoid or mitigate the failure, such as requesting appropriate extensions (where <br />applicable), attempting to prevent a foreseeable impediment, acting to remove an impediment <br />once it occurred, and promptly rectifying a failure once the impediment was removed or the <br />failure discovered. <br />(f) When used in this section, "events beyond the taxpayer's control" include, but are not <br />limited to, the unavailability of 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 responsibility for tax compliance, <br />or the taxpayer's reasonable reliance in good faith upon erroneous written information from the <br />Commissioner who was aware of the relevant facts relating to the taxpayer's business when he <br />provided the erroneous information. <br />Page 10 of 26 <br />