5.16.120 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 its 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. If a seller’s prior year taxable revenue within the city is under $150,000 and the seller has remitted timely filings for one calendar year, the seller may request a change in filing period frequency to quarterly. If a seller’s prior year taxable revenue within the city is under $6,000 and the seller has remitted timely filings for one calendar year, the seller may request a change in filing period frequency to annual. Sellers with no prior year revenues in the city or with zero taxable sales will be required to submit documentation of revenue or explanation with the request that future revenues will meet the requirements in this subsection for evaluation. Requests to change filing period frequency may be submitted on forms provided by the city and must be approved by the finance director before the filing period frequency may be changed, except that no frequency change shall be changed prior to January 1, 2022. Filing period frequency other than monthly shall be as follows:
1. Quarterly:
a. Quarter 1: January – March.
b. Quarter 2: April – June.
c. Quarter 3: July – September.
d. Quarter 4: October – December.
2. Annually:
a. January – December.
C. A seller that filed or should have filed a sales tax return for the prior filing period shall file a return for the current filing period even though no tax may be due. The return shall show why no tax is due.
D. A sales tax return, and the related remittance of sales tax, is due, and must be received by the city on or before the last day of the month immediately following the filing period 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. Payments made by mail, drop box, or in person must be received by the close of business on the last business day prior to the due date when the due date falls on a Saturday, Sunday, or city or federal holiday.
E. A completed sales tax return and payment remittance not received on or before the time when due is delinquent and subject to the following:
1. A late filing fee of $25.00 per filing period shall be added to all late-filed sales tax reports in addition to interest and penalties.
2. Delinquent sales tax bears interest at the rate of 15 percent per annum until paid.
3. Delinquent sales tax shall be subject to a late payment penalty equal to five 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 tax, interest and penalty are paid in full; provided, that the amount of penalty shall not exceed 20 percent of the amount of the delinquent sales tax. The penalty does not bear interest.
4. The filing of an incomplete return, or the failure to remit all tax, shall be treated as the filing of no return.
F. A seller who timely files a correctly completed sales tax return, and the related remittance of sales tax, may retain two percent of the amount of the sales tax to be remitted, up to a maximum retainage of $100.00.
G. 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 or may change the seller’s period filing frequency upon notice to the seller if the seller does not meet the filing requirements in subsection (B) of this section. (Ord. 21-13 § 4, 2021; Ord. 20-06 § 4, 2020; Ord. 05-20 § 2, 2005; Ord. 02-47 § 2, 2002; Ord. 01-38(SUB) § 2, 2001)