Sec. 36-126.13. Recordkeeping and audits.
(a) Every person who is assessable with a license tax shall keep sufficient records to enable the commissioner of the revenue to verify the correctness of the tax paid for the license years assessable and to enable the commissioner to ascertain what is the correct amount of tax that was assessable for each of those years. All such records, books of accounts, and other information shall be open to inspection and examination by the commissioner in order to allow the commissioner to establish whether a particular receipt is directly attributable to the taxable privilege exercised within this jurisdiction. The commissioner shall provide the taxpayer with the option to conduct the audit in the taxpayer's local business office, if the records are maintained there. In the event the records are maintained outside this jurisdiction, copies of the appropriate books and records shall be sent to the commissioner's office upon demand.
(b) If any licensee shall fail to maintain the records required in this section, regularly supported by customary vouchers, the commissioner of the revenue is hereby authorized and directed to estimate the taxpayer's gross receipts or purchases on the basis of the best evidence he can obtain, and the commissioner shall make an assessment on the basis of such determination and adding thereto the penalty and interest prescribed by law.
(c) Upon the filing of a report under this section, or in any case in which the commissioner of the revenue shall deem it advisable, the commissioner shall investigate and ascertain whether the person filing a report or return has made a correct report or return and, to that end, the commissioner may summon such person before him and require the production of any and all of his records, books and papers likely to throw any light upon the matter under investigation. The commissioner may also make, or cause to be made, such other and further investigations, examinations and audits of the records, books and papers of such person as he shall deem proper, in order to determine accurately the proper report or return to be made by the person in question.
(d) All invoices, records and general books of accounts referred to in this section shall be open to inspection and examination, on the premises of the business, employment or profession in question, by the commissioner of the revenue, or any other officer of the city charged in any manner with the duty of assessing or collecting license taxes.
(e) If, upon an investigation pursuant to this section, it shall appear that the license basis or other matters pertinent to assessment were incorrectly reported or returned, the commissioner of the revenue shall assess the person in question with the proper license tax.
(f) Any person who shall fail to appear before the commissioner of the revenue and produce such records, books and papers, when duly summoned, or who shall refuse to permit the commissioner to make or cause to be made such other and further investigations and audit of such books and papers, shall be guilty of a class 2 misdemeanor. Each days refusal to furnish such access or information shall constitute a separate offense.
(g) If appropriate, the penalty provisions of Sec. 36-126.9 of this article shall apply. (Ord. No. O- 96-319, 12-10-96, eff. 1- 1-97)
Last updated date: 10/23/2006 4:15:21 PM