Laserfiche WebLink
[] <br />person making such request for correction to the Tax Commissioner must in all cases have filed with the <br />commissioner of the revenue a copy of such person's application for correction to the Tax Commissioner. <br />The Tax Commissioner may issue an order correcting such assessment of such property, if the taxpayer <br />has met the burden of proof imposed by law. Following such an order, either the taxpayer or the <br />commissioner of the revenue or other assessing official may apply to the circuit court; however, the <br />burden shall be on the party making the application to show that the ruling of the Tax Commissioner is <br />erroneous. Neither the Tax Commissioner nor the Department of Taxation shall be made a nartv to an <br />application to correct an assessment merely because the Tax Commissioner has ruled on it. <br />(e) On receipt of a notice of intent to file an appeal to the Tax Commissioner under subsection <br />D, the treasurer or other collection official shall further suspend collection activity until a final <br />determination is issued by the Tax Commissioner, unless the treasurer or other collection official <br />determines that collection would be jeopardized by delay or is advised by the commissioner that the <br />haver has not responded to a request for relevant information after a reasonable time. Interest shall <br />accrue as allowed by law, but no further penalty shall be imposed while collection action is suspended. <br />Anv taxnaver may request a written ruling, regarding the application of a local business tax to <br />a specific situation, from the commissioner of the revenue. Any taxpayer requesting such a ruling shall <br />provide all the relevant facts for the situation and may present a rationale for the basis of an <br />interpretation of the law most favorable to the taxpayer. Any misrepresentation, or any change in the <br />applicable law or the factual situation as presented in the request, shall invalidate any such ruling issued. <br />A written ruling may be revoked by the commissioner, or amended prospectively, if. (i) there is a <br />• change in the law or the guidelines issued by the Department of Taxation upon which the ruling was <br />based, or a court decision, or (ii) the commissioner of the revenue or other assessing official notifies the <br />taxpayer of a change in the policy or interpretation upon which the ruling was based. However, any <br />taxpayer who acts on a written ruling which later becomes invalid, or on a ruling which has been revoked <br />or amended, shall be deemed to have acted in good faith during the period in which such ruling was in <br />effect. <br />(g) Every person who is assessable with a local business tax shall keep sufficient records to <br />enable the commissioner of the revenue or other assessing official to verify the correctness of the tax <br />paid for the taxable years assessable and to enable the commissioner of the revenue or other assessing <br />official to ascertain the correct amount of tax that was assessable for each of those years. All such <br />records, books of accounts and other information shall be open to inspection and examination by the <br />commissioner of the revenue or other assessing official in order to allow him to establish whether the tax <br />is due within this jurisdiction. The commissioner of the revenue or other assessing official shall provide <br />the taxpaver with the option to conduct the audit in the taxpayer's local business office, if the records are <br />maintained there. In the event the records are maintained outside the city of Charlottesville, copies of the <br />appropriate books and records shall be sent to the commissioner's or assessor's office upon demand. <br />Sec. 30-41. Application for correction. <br />(a) Any person assessed by the commissioner of the revenue with any tax authorized by this <br />article, aggrieved by any such assessment, may apply to the commissioner of the revenue for a correction <br />thereof (c) Any tax imposed by this article may be appealed to the commissioner of revenue within three <br />Is <br />years from the last day of the tax year for which such assessment is made, or within one year from the <br />Page 7 <br />