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2005_Ordinances
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2005_Ordinances
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collection activity be suspended shall cease unless a judicial appeal is filed and served on the <br />• necessary parties within 30 days of the service of notice of intent to file such appeal <br />(3)Implementation of determination of Tax Commissioner. Promptly upon receipt of the final <br />determination of the Tax Commissioner, the commissioner of the revenue shall take those <br />steps necessary to calculate the amount of tax owed by or refund due to the taxpayer <br />consistent with the Tax Commissioner's determination and shall provide that information to <br />the taxpayer and to the treasurer or other official responsible for collection in accordance with <br />the provisions of this subdivision. If the determination of the Tax Commissioner sets forth a <br />specific amount of tax due, the commissioner of the revenue shall certify the amount to the <br />treasurer or other official responsible for collection, and the treasurer or other official <br />responsible for collection shall issue a bill to the taxpayer for such amount due together with <br />interest accrued and penalty, if any is authorized, within 30 days of the date of the <br />determination of the Tax Commissioner. If the determination of the Tax Commissioner sets <br />forth a specific amount of refund due, the commissioner of the revenue shall certify the <br />amount to the treasurer or other official responsible for collection and the treasurer or other <br />official responsible for collection shall issue a payment to the taxpayer for such amount due <br />together with accrued interest, within 30 days of the date of the determination of the Tax <br />Commissioner. If the determination of the Tax Commissioner does not set forth a specific <br />amount of tax due, or otherwise requires the commissioner of the revenue to undertake a new <br />or revised assessment that will result in an obligation to pay a tax that has not previously <br />paid in full, the commissioner of the revenue shall promptly commence the steps necessary to <br />undertake such new or revised assessment and provide the same to the taxpayer within 60 <br />days of the date of the determination of the Tax Commissioner, or within 60 days after receipt <br />from the taxpayer of any additional information requested or reasonably required under the <br />• determination of the Tax Commissioner, whichever is later. The commissioner of the revenue <br />shall certify the new assessment to the treasurer or other official responsible for collection and <br />the treasurer or other official responsible for collection shall issue a bill to the taxpayer for the <br />amount due, together with interest accrued and penalty, if any is authorized within 30 days of <br />the date of the new assessment. If the determination of the Tax Commissioner does not set <br />forth a specific amount of refund due or otherwise requires the commissioner of the revenue <br />to undertake a new or revised assessment that will result in an obligation on the part of the <br />locality to make a refund of taxes previously paid the commissioner of the revenue shall <br />promptly commence the steps necessary to undertake such new or revised assessment and <br />provide the same to the taxpayer within 60 days of the date of the determination of the Tax <br />Commissioner, or within 60 days after receipt from the taxpayer of any additional information <br />requested or reasonably required under the determination of the Tax Commissioner, <br />whichever is later. The commissioner of the revenue shall certify the new assessment to the <br />treasurer or other official responsible for collection and the treasurer or other official <br />responsible for collection shall issue a refund to the taxpaver for the amount of tax due <br />together with accrued interest, within 30 days of the date of the new assessment <br />(g)Review of determination of Tax Commissioner. <br />(I)Judicial review. Following the issuance of a final determination of the Tax Commissioner, <br />the taxpayer or commissioner of the revenue apply to the city's circuit court for judicial <br />review of the determination or any part thereof, pursuant to Virginia Code §58.1-3984. In any <br />such proceeding for iudicial review of a determination of the Tax Commissioner, the burden <br />shall be on the party challenging the determination of the Tax Commissioner, or any part <br />thereof, to show that the ruling of the Tax Commissioner is erroneous with respect to the part <br />challenged. Neither the Tax Commissioner nor the Department of Taxation shall be made a <br />• <br />Page 4 of 8 <br />
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