1999_Ordinances - Laserfiche WebLink

Home Browse Search

• treasurer of his county or city and, if requested by the Department in writing, to the Department of Taxation. The Department of Taxation may, for good cause, extend the time of delivery for such books. Thereafter, the commissioner may prepare such supplements to the book as may be necessary and forward them to the treasurer and Department of Taxation, if requested by the Department. The personal property books may be produced in the form of microfilm, microfiche, any other similar micro- photographic process, or by electronic means, and shall be distributed as designated in that form so long as such process complies with standards adopted pursuant to regulations issued under & 42.1-82 of the Virginia Code and is acceptable to and meets the requirements of the recipients designated by this section. The treasurer and the commissioner of the revenue need not preserve copies of the personal property book for a period of longer than six years following the tax year to which such book relates. Sec. 30-40. Appeals and rulings of certain local business taxes. (a) For the purposes of this section: (1) "Jeopardized by delay" means that a taxpayer desires to (i) depart quickly from the locality. (ii) remove his property therefrom, (iii) conceal himself or his property therein, or (iv) do any other act tending to prejudice, or to render wholly or partially ineffectual, proceedings to collect the tax for the period in question; and 2) "Local business tax" means machinery and tools tax, business tangible personal Dronerty tax • (including, without limitation, computer equipment), and merchant's capital tax. (b) Any person assessed with any local business tax may apoly within ninety days from the date of such assessment to the commissioner of the revenue for assessment for a correction of the assessment. The application shall be filed in good faith and sufficiently identify the taxpayer, remedy sought, each alleged error in the assessment, the grounds upon which the taxpayer relies, and any other facts relevant to the taxpayer's contention. The commissioner may hold a conference with the taxpayer if requested by the taxpayer, or require submission of additional information and documents or other evidence deemed necessary for a proper and equitable determination of the application. The assessment shall be deemed prima facie correct. The commissioner shall undertake a full review of the taxpayer's claims and issue a determination to the taxpayer setting forth his position within ninety days after such application is filed. Such determination shall be accompanied by a written explanation of the taxpayer's right to seek correction and the specific procedure to be Followed (e.g., the name and address to which an application should be directed). (c) Provided a timely and complete application is made, collection activity shall be suspended by the city treasurer or other official responsible for the collection of such tax until a final determination is issued by the commissioner, unless the treasurer or other collection official determines that collection would be jeopardized by delay or is advised by the commissioner that the taxpayer has not responded to a request for relevant information after a reasonable time. Interest shall accrue as allowed by law, but no further penalty shall be imposed while collection action is suspended. (d) Any person assessed with a local business tax may apply within ninety days of the determination by the commissioner of the revenue, on an application pursuant to subsection (b), to the • state Tax Commissioner for a correction of such assessment. The Tax Commissioner shall issue a Page 6