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2004_Ordinances
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7Sec. 14-6. Appeals and rulings. <br />(a).... <br />• (h)O[ers in compromise of local taxes owed. <br />1)Notwithstandine any other provision of law. the commissioner of revenue may. in his sole <br />discretion compromise and settle any disputed assessment of taxes prior to the time that such <br />assessment is no loner subject to administrative or Judicial review pursuant to applicable law, if <br />the commissioner determines that there is substantial doubt under applicable law, regulations, or <br />guidelines as to the taxpayer's liability for such taxes; and <br />(2)Notwithstanding any other provision of law, the commissioner of revenue, the treasurer, or <br />other city official responsible for the collection of any tax imposed pursuant to this chapter may, <br />with the consent of the city council or its designee, compromise and settle the amount due and <br />payable, when any such official determines that the collectibility of the entire amount due and <br />owing is in substantial doubt and the best interests of the city will be served by such <br />compromise. Whenever a tax otherwise due and owingis s compromised pursuant to the <br />provisions of this subsection, the difference between the amount of tax then due and owing, and <br />the amount of tax paid pursuant to such compromise, shall be treated by the tax collecting <br />official in the same fashion as a tax rendered legally uncollectible by reason of the application of <br />the United States Bankruptcy Code. <br />(3)Any offer in compromise submitted to a city official responsible for the assessment or <br />collection of local taxes shall be made in writing and shall be deemed accepted only when the <br />• taxpayer is notified in writing of the acceptance by the responsible official. <br />(4)Whenever a compromise and settlement is made pursuant to the provisions of this subsection, <br />the responsible official shall make a complete record of the case, including: (i) the tax assessed; <br />(ii) audit findings, if any; (iii) the taxpayer's grounds for dispute or contest, together with all <br />evidences thereof; (iv) factors calling collectibility into substantial doubt; (y) any non -privileged <br />reports or recommendations made with respect to the liability of the taxpayer, the requirements <br />of effective tax administration considered, and/or the collectibility of taxes due; and NO the <br />amount assessed or accepted and the terns and conditions attendant to settlement or <br />compromise, with respect to the liability in question. <br />5)The city treasurer or other official charged with collection of taxes may deposit into the <br />treasury of the city any and all payments submitted with offers in compromise unless the <br />taxpayer specifically, clearly and conspicuously directs otherwise in writing at the time the offer <br />in compromise is submitted to the responsible official. For the purposes of this subsection, no <br />restrictive endorsement or other notation upon a check or other payment instrument shall <br />constitute clear and conspicuous notice of a direction not to deposit. <br />(6)Upon acceptance of an offer in compromise by the responsible local official with respect to a <br />tax liability, the matter thereafter may not be reopened except upon a showing of fraud <br />malfeasance or misrepresentation of a material fact. <br />• 7 Va. Code §58.1-3994. <br />Page 3 of 14 <br />
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