§ 3.20.280. Tax returns—Contents—Penalty for delinquency.

A.

A seller shall prepare a sales tax return for each calendar month. The sales tax return shall state the total amount of the seller's sales, rentals and services; the amounts of the seller's exempt and taxable sales, rentals and services; and the amount of sales tax that is due from the seller. The seller shall submit on or with the return such additional information as the city may require to determine the amount of sales tax due for the month. The seller shall prepare the return and remit sales tax to the city on the same basis, cash or accrual that the seller uses in preparing his federal income tax return. The seller shall sign the return and transmit the return, with the amount of sales tax that it shows to be due, to the city.

B.

A seller that filed or should have filed a sales tax return for the prior month shall file a return for the current month even though no tax may be due. The return shall show why no tax is due.

C.

A sales tax return, and the related remittance of sales tax, is due and must be received by the city not later than five o'clock p.m. on the last business day of the month immediately following the month for which the return was prepared. The failure of the U.S. Postal Service or any private delivery service to make timely delivery of a sales tax return or the related remittance of sales tax shall not excuse an untimely filing or remittance.

D.

Sales tax that is not received on or before the time when due is delinquent. Delinquent sales taxes bear interest at the maximum rate per annum allowed by law, until paid. In addition, delinquent sales taxes shall be subject to a late payment penalty equal to ten percent of the amount of the delinquent sales tax, multiplied by the number of calendar months (or portions thereof) that elapse until the delinquent sales taxes, interest and penalties are paid in full; provided that the amount of penalties shall not exceed twenty-five percent of the amount of the delinquent sales taxes. The penalty does not bear interest. All payments of sales taxes received from a seller owing delinquent sales tax shall be applied as set forth in Section 3.20.200E.

E.

A seller who timely files a correctly completed sales tax return, and the related remittance of sales tax before the fifteenth day of the month succeeding the end of the month of collection, may retain five percent of the amount of the sales tax to be remitted, up to a maximum retainage of one hundred dollars per month.

F.

The finance director may require a seller that fails to submit a sales tax return or remit taxes when due, to submit tax returns and remit taxes more frequently than monthly.

(Ord. 04-10 § 2 (part), 2004).