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2002_Ordinances
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2002_Ordinances
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correction and the specific procedure to be followed. This written explanation shall include the <br />• name and address to which such an application should be directed. <br />(b) Ouse Provided a timely and complete application has been made, collection activity <br />shall be suspended until a final determination is issued by the Commissioner of Revenue, unless <br />the GgpApAirgioAa; he determines that such collection would be jeopardized by delay or that the <br />taxpayer has not responded to a request for relevant information after a reasonable time. Interest <br />shall accrue in accordance with the provisions of Section 14-12 of this chapter, but no further <br />penalty shall be imposed while collection action is suspended. The term "jeopardized by delay" <br />includes a finding that the application is frivolous, or that a taxpayer desires to (i) depart quickly <br />from the city, (ii) remove his property therefrom, (iii) conceal himself or his property therein, or <br />(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 au aadit a <br />made by the City's Commissioner of Revenue pursuant to paragraph (a) of this <br />R <br />may apply <br />^^li^^'i^^ ^ a;A to &Abwa*i^^ (a4 @F this geQtip^ to the Virginia Tax Commissioner for a <br />correction of such assessment. The Vir inia Tax Commissioner shall issue a determination to the <br />taxpayer within ninety (90) days of receipt of the taxpayer's application, unless the taxpayer and <br />the Commissioner of Revenue are notified that a longer period will be required. <br />The application shall be treated as an application pursuant to Virginia Code Section 58.1-1821, <br />• as amended, and the Virginia Tax Commissioner may issue an order correcting such assessment <br />pursuant to Virginia Code Section 58.1-1822. Following such an order, either the taxpayer or the <br />geicial Commissioner of Revenue may apply to the appFepriate city's circuit court, <br />pursuant to Virginia Code Section 58.1-3984, as amended. However, the burden shall be on the <br />party making the application to show that the ruling of the Virginia Tax Commissioner is <br />erroneous. Neither the Virginia Tax Commissioner nor the Virginia Department of Taxation <br />shall be made a party to an application to correct an assessment merely because the Virginia Tax <br />Commissioner has ruled on it. Any taxpayer whose application for correction pursuant to <br />paragraph (a) of this section has been pending for more than two years without the issuance of a <br />final determination may. upon not less than thirty days' written notice to the Commissioner of <br />Revenue, elect to treat the application as denied and appeal the assessment to the Virginiaax <br />Commissioner in accordance with this paragraph. In that event the Virginia Tax Commi <br />shall not consider any such appeal if he finds that the absence of a final determination b} <br />Commissioner of Revenue was caused by the willful failure or refusal of the taxpayer to <br />information requested and reasonably needed by the Commissioner of Revenue to make his <br />decision. <br />(d) On receipt of a notice of intent to file an appeal to the Virginia Tax Commissioner <br />under subsection (c) of this section, the assessing Qffiaial Commissioner of Revenue shall notify <br />the City Treasurer of the appeal. The Treasurer or the Commissioner of <br />Revenue shall suspend collection activity until a final determination is issued by the Virginia Tax <br />Commissioner, unless the asset o fEsial Commissioner of Revenue determines that collection <br />• would be jeopardized by delay or that the taxpayer has not responded to a request for relevant <br />
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