HomeMy WebLinkAbout2883 Administrative Provisions Relating to Model Business and Occupation Tax Ordinance
Ordinance No. 2883
AN ORDINANCE OF THE CITY OF PORT TOWNSEND ADDING A NEW CHAPTER
5.04B ADMINISTRATIVE PROVISIONS, RELATING TO THE MODEL BUSINESS
AND OCCUPATION TAX ORDINANCE
WHEREAS, the City Council adopted Ordinance 2882 on December 2, 2004,
which enacted the Model Business and Occupation Tax Ordinance; and
WHEREAS, administrative rules are necessary to implement the Model Business
and Occupation Tax Ordinance,
NOW, THEREFORE, the City Council of the City of Port Townsend ordains as
follows:
SECTION 1. Adoption. There is hereby adopted and enacted as part of the
Port Townsend Municipal Code a new Chapter 5.04B to read as follows:
See Exhibit A.
SECTION 2. Severability. If any provision of this ordinance or its application to
any person or circumstance is held invalid, the remainder of the chapter or the
application of the provision to other persons or circumstances shall not be affected.
This Ordinance shall take effect and be in force five days after the date of its
publication in the manner provided by law.
Adopted by the City Council of the City of Port Townsend, Washington, at a
regular meeting thereof, held this second day of December, 2004.
(' ~,\ 2l,,'MU-
Catharine Robinson, Mayor
Attest:
Pamela Kolacy, CMC, City lerk
Approved as to Form:
SL~~Q0
John P. Watts, City Attorney
Page 1
Ordinance 2883
EXHIBIT A
CHAPTER 5.04B
Administrative Provisions For Business and Occupation
Taxes Imposed Pursuant to Chapter 5.04A
CHAPTER 5.04B
Administrative Provisions For Business and Occupation Taxes Imposed Pursuant
to Chapter 5.04A
Sections:
5.04B.015
5.04B.020
5.04B.025
5.04B.040
5.04B.050
5.04B.060
5.04B.070
5.04B.080
5.04B.090
5.04B.095
5.04B.100
5.04B.110
Penalties.
5.04B.120
5.04B.130
5.04B.140
5.04B.150
5.04B.160
5.04B.170
5.04B.180
5.04B.190
5.04B.200
5.04B.210
5.04B.220
5.04B.230
5.04B.240
5.04B.250
Application of chapter stated
Definitions.
Registration/license requirements
When due and payable - Reporting periods - Monthly, quarterly, and
annual returns - Threshold provisions or Relief from filing
requirements - Computing time periods - Failure to file returns.
Payment methods - Mailing returns or remittances - Time extension -
Deposits - Recording payments - Payment must accompany return -
NSF checks.
Records to be preserved - Examination - Estoppel to question
assessment.
Accounting methods
Public work contracts - Payment of fee and tax before final payment
for work.
Underpayment of tax, interest, or penalty - Interest.
Time in which assessment may be made.
Over payment of tax, penalty, or interest - Credit or refund - Interest
rate - Statute of limitations.
Late payment - Disregard of written instructions - Evasion -
Cancellation of penalties.
Taxpayer quitting business - Liability of successor.
Administrative Appeal.
Judicial Review of Administrative Appeal Decision.
Director to make rules.
Ancillary allocation authority of Director.
Mailing of Notices.
Tax declared additional.
Public disclosure - Confidentiality - Information sharing.
Tax constitutes debt.
Unlawful actions - Violation - Penalties.
Suspension or Revocation of business registration
Closing agreement provisions.
Charge-off of uncollectible taxes.
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Ordinance 2883
EXHIBIT A
5.04B.015 Application of chapter stated. The provisions of this chapter shall apply
with respect to the taxes imposed under chapter 5.04A and under other titles, chapters,
and sections in such manner and to such extent as indicated in each such title, chapter
or section.
5.04B.020 Definitions. For purposes of this chapter:
The definitions contained in chapter 5.04A (tax portion of model ordinance) shall apply
equally to the provisions of this chapter unless the term is defined otherwise in this
chapter. In addition, the following definitions will apply.
"Reporting period." "Reporting period" means:
(1) A one-month period beginning the first day of each calendar month (monthly); or
(2) A three-month period beginning the first day of January, April, July or October of
each year (quarterly); or
(3) A twelve-month period beginning the first day of January of each year (annual).
"Return." "Return" means any document a person is required by the City to file to
satisfy or establish a tax or fee obligation that is administered or collected by the City
and that has a statutorily defined due date.
"Successor." "Successor" means any person to whom a taxpayer quitting, selling out,
exchanging, or disposing of a business sells or otherwise conveys, directly or indirectly,
in bulk and not in the ordinary course of the taxpayer's business, any part of the
materials, supplies, merchandise, inventory, fixtures, or equipment of the taxpayer. Any
person obligated to fulfill the terms of a contract shall be deemed a successor to any
contractor defaulting in the performance of any contract as to which such person is a
surety or guarantor.
"Tax year," "taxable year." "Tax year" or "taxable year," means the calendar year.
5.04B.025 Registration/license requirements.
Business license requirements are set forth in Chapter 5.08 of the Port Townsend
Municipal Code, as now existing or hereafter amended. A business license is required
by PTMC 5.08.040, as now existing or hereafter amended.
5.04B.040 When due and payable - Reporting periods - Monthly, quarterly, and
annual returns - Threshold provisions or Relief from filing requirements -
Computing time periods - Failure to file returns.
(1) Other than any annual license fee or registration fee assessed under this chapter,
the tax imposed by this chapter shall be due and payable in quarterly installments. At
the Director's discretion, businesses may be assigned to a monthly or annual reporting
period depending on the tax amount owing or type of tax. Tax payments are due on or
before the last day of the next month following the end of the assigned reporting period
covered by the return.
(2) Taxes shall be paid as provided in this chapter and accompanied by a return on
forms as prescribed by the Director. The return shall be signed by the taxpayer
personally or by a responsible officer or agent of the taxpayer. The individual signing
the return shall swear or affirm that the information in the return is complete and true.
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EXHIBIT A
(3) Tax returns must be filed and returned by the due date whether or not any tax is
owed.
(4) For purposes of the tax imposed by chapter 5.04A, any person whose value of
products, gross proceeds of sales, or gross income of the business, subject to tax after
all allowable deductions, is equal to or less than Twenty Thousand Dollars ($20,000) in
the current calendar year, shall file a return, declare no tax due on their return, and
submit the return to the Director. The gross receipts and deduction amounts shall be
entered on the tax return even though no tax may be due.
(5) A taxpayer that commences to engage in business activity shall file a return and pay
the tax or fee for the portion of the reporting period during which the taxpayer is
engaged in business activity.
(6) Except as otherwise specifically provided by any other provision of this chapter, in
computing any period of days prescribed by this chapter the day of the act or event from
which the designated period of time runs shall not be included. The last day of the
period shall be included unless it is a Saturday, Sunday, or City or Federal legal holiday,
in which case the last day of such period shall be the next succeeding day which is
neither a Saturday, Sunday, or City or Federal legal holiday.
(7) If any taxpayer fails, neglects or refuses to make a return as and when required in
this chapter, the Director is authorized to determine the amount of the tax or fees
payable by obtaining facts and information upon which to base the Director's estimate of
the tax or fees due. Such assessment shall be deemed prima facie correct and shall be
the amount of tax owed to the City by the taxpayer. The Director shall notify the
taxpayer by mail of the amount of tax so determined, together with any penalty, interest,
and fees due; the total of such amounts shall thereupon become immediately due and
payable.
5.04B.050 Payment methods - Mailing returns or remittances - Time extension _
Deposits - Recording payments - Payment must accompany return - NSF checks.
(1) Taxes shall be paid to the Director in United States currency by bank draft, certified
check, cashier's check, personal check, money order, cash, or by wire transfer or
electronic payment if such wire transfer or electronic payment is authorized by the
Director. If payment so received is not paid by the bank on which it is drawn, the
taxpayer, by whom such payment is tendered, shall remain liable for payment of the tax
and for all legal penalties, the same as if such payment had not been tendered.
Acceptance of any sum by the Director shall not discharge the tax or fee due unless the
amount paid is the full amount due.
(2) A return or remittance that is transmitted to the City by United States mail shall be
deemed filed or received on the date shown by the cancellation mark stamped by the
Post Office upon the envelope containing it. The Director may allow electronic filing of
returns or remittances from any taxpayer. A return or remittance which is transmitted to
the City electronically shall be deemed filed or received according to procedures set
forth by the Director.
(3) If a written request is received prior to the due date, the Director, for good cause,
may grant, in writing, additional time within which to make and file returns.
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EXHIBIT A
(4) The Director shall keep full and accurate records of all funds received or refunded.
The Director shall apply payments first against all penalties and interest owing, and then
upon the tax, without regard to any direction of the taxpayer.
(5) For any return not accompanied by a remittance of the tax shown to be due thereon,
the taxpayer shall be deemed to have failed or refused to file a return and shall be
subject to the penalties and interest provided in this chapter.
(6) Any payment made that is returned for lack of sufficient funds or for any other
reason will not be considered received until payment by certified check, money order, or
cash of the original amount due, plus a "non-sufficient funds" (NSF) charge of twenty
dollars ($20.00) is received by the Director. Any license issued upon payment with a
NSF check will be considered void, and shall be returned to the Director. No license
shall be reissued until payment (including the twenty dollars ($20.00) NSF fee) is
received.
(7) The Director is authorized, but not required, to mail tax return forms to taxpayers, but
failure of the taxpayer to receive any such forms shall not excuse the taxpayer from
filing returns and making payment of the taxes or fees, when and as due under this
chapter.
5.04B.060 Records to be preserved - Examination - Estoppel to question
assessment.
Every person liable for any fee or tax imposed by this chapter shall keep and preserve,
for a period of five (5) years after filing a tax return, such records as may be necessary
to determine the amount of any fee or tax for which the person may be liable; which
records shall include copies of all federal income tax and state tax returns and reports
made by the person. All books, records, papers, invoices, vendor lists, inventories,
stocks of merchandise, and other data including federal income tax and state tax
returns and reports shall be open for examination at any time by the Director or its duly
authorized agent. Every person's business premises shall be open for inspection or
examination by the Director or a duly authorized agent.
(1) If a person does not keep the necessary books and records within the City, it shall
be sufficient if such person (a) produces within the City such books and records as may
be required by the Director, or (b) bears the cost of examination by the Director's agent
at the place where such books and records are kept; provided that the person electing
to bear such cost shall pay in advance to the Director the estimated amount thereof
including round-trip fare, lodging, meals and incidental expenses, subject to adjustment
upon completion of the examination.
(2) Any person who fails, or refuses a Department request, to provide or make available
records, or to allow inspection or examination of the business premises, shall be forever
barred from questioning in any court action, the correctness of any assessment of taxes
made by the City for any period for which such records have not been provided, made
available or kept and preserved, or in respect of which inspection or examination of the
business premises has been denied. The Director is authorized to determine the
amount of the tax or fees payable by obtaining facts and information upon which to base
the estimate of the tax or fees due. Such fee or tax assessment shall be deemed prima
facie correct and shall be the amount of tax owing the City by the taxpayer. The
Director shall notify the taxpayer by mail the amount of tax so determined, together with
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Ordinance 2883
EXHIBIT A
any penalty, interest, and fees due; the total of such amounts shall thereupon become
immediately due and payable.
5.04B.070 Accounting methods.
(1) A taxpayer may file tax returns in each reporting period with amounts based upon
cash receipts only if the taxpayer's books of account are kept on a cash receipts basis.
A taxpayer that does not regularly keep books of account on a cash receipts basis must
file returns with amounts based on the accrual method.
(2) The taxes imposed and the returns required hereunder shall be upon a calendar
year basis.
5.04B.080 Public work contracts - Payment of fee and tax before final payment
for work.
The Director may, before issuing any final payment to any person performing any public
work contract for the City, require such person to pay in full all license fees or taxes due
under this title from such person on account of such contract or otherwise, and may
require such taxpayer to file with the Director a verified list of all subcontractors
supplying labor and/or materials to the person in connection with said public work.
5.04B.090 Underpayment of tax, interest, or penalty - Interest.
(1) If, upon examination of any returns, or from other information obtained by the
Director, it appears that a tax or penalty less than that properly due has been paid, the
Director shall assess the additional amount found to be due and shall add thereto
interest on the tax only. The Director shall notify the person by mail of the additional
amount, which shall become due and shall be paid within thirty (30) days from the date
of the notice, or within such time as the Director may provide in writing.
(2) (a) Interest imposed before the effective date of this ordinance, shall be computed
from the last day of the month following the end of the reporting period and will continue
to accrue until payment is made. In case of an audit the interest shall be computed
from the first day of the month following each calendar year or portion thereof included
in the audit period.
(b) Interest imposed after the effective date of this ordinance, shall be computed from
the last day of the month following the end of the reporting period and will continue to
accrue until payment is made. In case of an audit the interest shall be computed from
the first day of the month following each calendar year or portion thereof included in the
audit period.
(c) For the purposes of this section, the rate of interest to be charged to the taxpayer
shall be an average of the federal short-term rate as defined in 26 U.S.C. Sec. 1274(d)
plus two percentage points. The rate shall be computed by taking an arithmetical
average to the nearest percentage point of the federal short-term rate, compounded
annually. That average shall be calculated using the rates from four months: January,
April, and July of the calendar year immediately preceding the new year, and October of
the previous preceding year. The rate shall be adjusted on the first day of January of
each year for use in computing interest for that calendar year.
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EXHIBIT A
5.04B.095 Time in which assessment may be made.
The Director shall not assess, or correct an assessment for, additional taxes, penalties,
or interest due more than four years after the close of the calendar year in which they
were incurred, except that the Director may issue an assessment:
(1) Against a person who is not currently registered or licensed or has not filed a tax
return as required by this chapter for taxes due within the period commencing 10 years
prior to the close of the calendar year in which the person was contacted in writing by
the Director;
(2) Against a person that has committed fraud or who misrepresented a material fact; or
(3) Against a person that has executed a written waiver of such limitations.
5.04B.100 Over payment of tax, penalty, or interest - Credit or refund - Interest
rate - Statute of limitations.
(1) If, upon receipt of an application for a refund, or during an audit or examination of
the taxpayer's records and tax returns, the Director determines that the amount of tax,
penalty, or interest paid is in excess of that properly due, the excess amount shall be
credited to the taxpayer's account or shall be refunded to the taxpayer. Except as
provided in subsection (2) of this section, no refund or credit shall be made for taxes,
penalties, or interest paid more than four (4) years prior to the beginning of the calendar
year in which the refund application is made or examination of records is completed.
(2) The execution of a written waiver shall extend the time for applying for, or making a
refund or credit of any taxes paid during, or attributable to, the years covered by the
waiver if, prior to the expiration of the waiver period, an application for refund of such
taxes is made by the taxpayer or the Director discovers that a refund or credit is due.
(3) Refunds shall be made by means of vouchers approved by the Director and by the
issuance of a City check or warrants drawn upon and payable from such funds as the
City may provide.
(4) Any final judgment for which a recovery is granted by any court of competent
jurisdiction for tax, penalties, interest, or costs paid by any person shall be paid in the
same manner, as provided in subsection (3) of this section, upon the filing with the
Director a certified copy of the order or judgment of the court.
(5) (a) Interest on overpayments of taxes for periods for any period before January 1,
2005, shall be the average federal short term interest rate as outlined for assessments
under .090(2)(c) plus two (2) percentage points.
(b) Interest on overpayments of taxes for periods beginning on or after January 1, 2005,
shall be the average federal short term interest rate as outlined for assessments under
.090(2)(c) plus two (2) percentage points.
5.04B.110 Late payment - Disregard of written instructions - Evasion -
Penalties.
(1) If payment of any tax due on a return to be filed by a taxpayer is not received by the
Director by the due date, the Director shall add a penalty equal to five (5) percent of the
amount of the tax; and if the tax is not received on or before the last day of the month
following the due date, the Director shall add a total penalty equal to fifteen (15) percent
of the amount of the tax; and if the tax is not received on or before the last day of the
second month following the due date, the Director shall add a total penalty equal to
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twenty-five (25) percent of the amount of the tax. No penalty assessed herein shall be
less than Five Dollars ($5.00).
(2) If a tax deficiency is assessed by the Director, there shall be added a penalty equal
to five (5) percent of the amount of the deficiency. If payment of any tax deficiency
assessed by the Director is not received by the due date specified in the notice, or any
extension thereof, the Director shall assess a penalty equal to fifteen (15) percent of the
amount of the additional tax found due. If payment of any tax deficiency assessed by
the Director is not received on or before the thirtieth day following the due date specified
in the notice, or any extension thereof, the Director shall assess a penalty equal to
twenty-five (25) percent of the amount of additional tax found due. No penalty added
shall be less than Five Dollars ($5.00).
(3) If a citation or criminal complaint is issued by the Director for the collection of taxes,
fees, assessments, interest or penalties, there shall be added thereto a penalty of ten
(10) percent of the amount due, but not less than Ten Dollars ($10).
(4) If the Director finds that a person has engaged in any business or performed any act
upon which a tax is imposed under this title and that person has not obtained from the
Director a license as required by PTMC chapter 5.08, the Director shall impose a
penalty of five (5) percent of the amount of tax due from that person for the period that
the person was not licensed. No penalty shall be imposed under this subsection (4) if
the person who has engaged in business without a license obtains a license prior to
being notified by the Director of the need to be licensed.
(5) If the Director determines that all or any part of a deficiency resulted from the
taxpayer's failure to follow specific written tax reporting instructions, there shall be
assessed a penalty of ten (10) percent of the amount of the additional tax due.
(a) A taxpayer fails to follow specific written tax reporting instructions when the Director
has informed the taxpayer in writing of the taxpayer's tax obligations and the taxpayer
fails to act in accordance with those instructions unless the Director has not issued final
instructions because the matter is under appeal pursuant to this chapter. The Director
shall not assess the penalty under this subsection (5), upon any taxpayer that has made
a good faith effort to comply with the specific written instructions provided by the
Director to that taxpayer.
(b) Specific written instructions may be given as a part of a tax assessment, audit,
determination or closing agreement, provided that such specific written instructions shall
apply only to the taxpayer addressed or referenced on such documents.
(c) Any specific written instructions by the Director shall be clearly identified as such and
shall inform the taxpayer that failure to follow the instructions may subject the taxpayer
to the penalties imposed by this subsection.
(6) If the Director finds that all or any part of the deficiency resulted from an intent to
evade the tax payable, the Director shall assess a penalty of fifty (50) percent of the
additional tax found to be due.
(7) The penalties imposed under subsections (1) through (5) above of this section can
each be imposed on the same tax found to be due. This subsection does not prohibit or
restrict the application of other penalties authorized by law.
(8) The penalties authorized by subsections (5) and (6) of this section shall be assessed
in accordance with the provisions of this chapter governing assessment of tax
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EXHIBIT A
deficiencies. The Director shall rlOt impose both the evasion penalty and the penalty for
disregarding specific written instructions on the same tax found to be due.
(9) For the purposes of this section, "return" means any document a person is required
by the City of Port Townsend to file to satisfy or establish a tax or fee obligation that is
administered or collected by the City, and that has a statutorily defined due date.
5.04B.120 Cancellation of penalties.
(1) The Director may cancel any penalties imposed under subsections 5.04B.11 0 (1) if
the taxpayer shows that its failure to timely file or pay the tax was due to reasonable
cause and not willful neglect. Willful neglect is presumed unless the taxpayer shows
that it exercised ordinary business care and prudence in making arrangements to file
the return and pay the tax but was, nevertheless, due to circumstances beyond the
taxpayer's control, unable to file or pay by the due date. The Director has no authority
to cancel any other penalties or to cancel penalties for any other reason except as
provided in subsection (3).
(2) A request for cancellation of penalties must be received by the Director within 30
days after the date the Department mails the notice that the penalties are due. The
request must be in writing and contain competent proof of all pertinent facts supporting
a reasonable cause determination. In all cases the burden of proving the facts rests
upon the taxpayer.
(3) The Director may cancel the penalties in subsections 5.04B.11 0(1) one time if a
person:
(a) Is not currently licensed and filing returns,
(b) Was unaware of its responsibility to file and pay tax, and
(c) Obtained business licenses and filed past due tax returns within 30 days after being
notified by the Department.
(4) The Director shall not cancel any interest charged upon amounts due.
5.04B.130 Taxpayer quitting business - Liability of successor.
(1) Whenever any taxpayer quits business, sells out, exchanges, or otherwise disposes
of his business or his stock of goods, any tax payable hereunder shall become
immediately due and payable. Such taxpayer shall, within ten (10) days thereafter,
make a return and pay the tax due.
(2) Any person who becomes a successor shall become liable for the full amount of any
tax owing. The successor shall withhold from the purchase price a sum sufficient to pay
any tax due to the city from the taxpayer until such time as: a) the taxpayer shall
produce a receipt from the City showing payment in full of any tax due or a certificate
that no tax is due, or b) more than six (6) months has passed since the successor
notified the Director of the acquisition and the Director has not issued and notified the
successor of an assessment.
(3) Payment of the tax by the successor shall, to the extent thereof, be deemed a
payment upon the purchase price. If such payment is greater in amount than the
purchase price, the amount of the difference shall become a debt due such successor
from the taxpayer.
(4) Notwithstanding the above, if a successor gives written notice to the Director of the
acquisition, and the Department does not within six (6) months of the date it received
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EXHIBIT A
the notice issue an assessment against the taxpayer and mail a copy of that
assessment to the successor, the successor shall not be liable for the tax.
5.04B.140 Administrative Appeal.
Any person, except one who has failed to comply with section 5.04B.060, aggrieved by
the amount of the fee or tax determined by the Director to be required under the
provisions of this chapter may pay the amount due and appeal from such determination
by filing a written notice of appeal with the City Clerk within 30 days from the date
written notice of such amount was mailed to the taxpayer. A $100.00 filing fee shall be
submitted with the appeal, which filing fee is required to process the appeal. The
appeal shall be heard by the Hearing Examiner, as soon as practical, who shall fix a
time and place for the hearing of such appeal, and shall cause a notice of the time and
place thereof to be delivered or mailed to the parties. The decision of the Hearing
Examiner shall indicate the correct amount of the fee or tax owing.
5.04B.150 Judicial Review of Administrative Appeal Decision.
The taxpayer or the City may obtain judicial review of the hearing examiner's
administrative decision by applying for a Writ of Review in the Jefferson County
Superior Court within 15 days from the date of the hearing examiner's decision in
accordance with the procedure set forth in Chapter 7.16 RCW, other applicable law, and
court rules. The City shall have the same right of review from the administrative
decision as does a taxpayer.
5.04B.160 Director to make rules.
The Director shall have the power, from time to time, to adopt, publish and enforce rules
and regulations not inconsistent with this chapter or with law for the purpose of carrying
out the provisions of this chapter and it shall be unlawful to violate or fail to comply with,
any such rule or regulation.
5.04B.170 Ancillary allocation authority of Director.
The Director is authorized to enter into agreements with other Washington cities which
impose an "eligible gross receipts tax":
(1) To conduct an audit or joint audit of a taxpayer by using an auditor employed by the
City of Port Townsend, another city, or a contract auditor, provided, that such contract
auditor's pay is not in any way based upon the amount of tax assessed;
(2) To allocate or apportion in a manner that fairly reflects the gross receipts earned
from activities conducted within the respective cities the gross proceeds of sales, gross
receipts, or gross income of the business, or taxes due from any person that is required
to pay an eligible gross receipts tax to more than one Washington city.
(3) To apply the City's tax prospectively where a taxpayer has no office or place of
business within the City and has paid tax on all gross income to another Washington
city where the taxpayer is located; provided that the other city maintains an eligible
gross receipts tax, and the income was not derived from contracts with the City.
5.04B.180 Mailing of Notices.
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Any notice required by this chapter to be mailed to any taxpayer or licensee shall be
sent by ordinary mail, addressed to the address of the taxpayer or licensee as shown by
the records of the Director. Failure of the taxpayer or licensee to receive any such
mailed notice shall not release the taxpayer or licensee from any tax, fee, interest, or
any penalties thereon, nor shall such failure operate to extend any time limit set by the
provisions of this chapter. It is the responsibility of the taxpayer to inform the Director in
writing about a change in the taxpayer's address.
5.04B.190 Tax declared additional.
The license fee and tax herein levied shall be additional to any license fee or tax
imposed or levied under any law or any other ordinance of the City of Port Townsend
except as herein otherwise expressly provided.
5.04B.200 Public disclosure - Confidentiality - Information sharing.
(1) For purposes of this section, unless a different meaning is clearly established by
context, the following definitions apply:
(a) "Disclose" means to make known to any person in any manner.
(b) "Tax information" means:
(i) A taxpayer's identity;
(ii) The nature, source, or amount of the taxpayer's income, payments, receipts,
deductions, exemption, credits, assets, liability, net worth, tax liability deficiencies, over
assessments, or tax payments, whether taken from the taxpayer's books and records or
any other source;
(iii) Whether the taxpayer's return was, is being, or will be examined or subject to
other investigation or processing; or
(iv) Other data received by, recorded by, prepared by, or provided to the Director
with respect to a taxpayer.
PROVIDED, that tax information shall not include data, material, or documents that do
not disclose information related to a specific or identifiable taxpayer.
(2) Tax returns and information may be "public records" as that term is defined in RCW
42.17.020. The Director shall not disclose tax information if disclosure would violate
RCW Chapter 42.17 or any other law prohibiting disclosure.
(3) Tax information may be disclosed to the following:
(a) City Manager, members of the City Council, City Attorney, City Clerk, or their
authorized designees, for official purposes;
(b) Any agency or officer of the United States of America, the State of Washington, or a
tax department of any state, county, city or town, provided that the agency or officer
grants substantially similar privileges to the City, and further provided that the agency or
officer shall not further disclose the tax information except as authorized in this section.
(c) The taxpayer to whom it pertains or to such person or persons as the taxpayer may
designate in writing as the taxpayer's designee; except that tax information not received
from the taxpayer shall not be so disclosed if the Director determines that such
disclosure would compromise any investigation or litigation by any federal, state, or
local government agency in connection with the civil or criminal liability of the taxpayer
or another person, or that such disclosure would identify a confidential informant, or that
such disclosure is contrary to any agreement entered into by the Director that provides
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~
for the reciprocal exchange of information with other government agencies which
agreement requires confidentiality with respect to such information unless such
information is required to be disclosed to the taxpayer by the order of any court.
(4) Nothing in this section shall prevent the use of tax information by the Director or any
other agency in any civil or criminal action involving any license, tax, interest, or penalty.
(5) A person disclosing tax information to a person not entitled to receive that
information under this section is guilty of a misdemeanor, and if the person violating this
privacy requirement is an officer or employee of the City, such person may be required
to forfeit their office or employment.
5.04B.210 Tax constitutes debt.
Any license fee or tax due and unpaid under this chapter, and all interest and penalties
thereon, shall constitute a debt to the City of Port Townsend and may be collected in the
same manner as any other debt in like amount, which remedy shall be in addition to all
other existing remedies.
5.04B.220 Unlawful actions - Violation - Penalties.
(1) It shall be unlawful for any person liable for fees under Chapter 5.04A or Chapter
5.04B Port Townsend Municipal Code relating to Business and Occupation Tax:
(a) To violate or fail to comply with any of the provisions of Chapter 5.04A or Chapter
5.04B Port Townsend Municipal Code relating to Business and Occupation Tax or any
lawful rule or regulation adopted by the Director;
(b) To make any false statement on any or tax return;
(c) To aid or abet any person in any attempt to evade payment of a license fee or tax;
(d) To fail to appear or testify in response to a subpoena issued pursuant to applicable
law;
(e) To testify falsely in any investigation, audit, or proceeding conducted pursuant to this
Chapter.
(2) Violation of any of the provisions of this chapter is a gross misdemeanor. Any
person convicted of a violation of this chapter may be punished by a fine not to exceed
$1,000, imprisonment not to exceed one year, or both fine and imprisonment. Penalties
or punishments provided in this chapter shall be in addition to all other penalties
provided by law.
(3) Any person, or officer of a corporation, convicted of continuing to engage in business
after the revocation of a license shall be guilty of a gross misdemeanor and may be
punished by a fine not to exceed $5,000, or imprisonment not to exceed one year, or
both fine and imprisonment.
5.04B.230 Suspension or Revocation of business registration
(1) The Director, or designee, shall have the power and authority to suspend or revoke
any license issued under the provisions of Chapter 5.08 Port Townsend Municipal Code
relating to business licensing for any of the grounds set forth in this section. The
Director, or designee, shall notify such licensee in writing by certified mail of the
suspension or revocation of his or her license and the grounds therefore. Any license
issued under Chapter 5.08 Port Townsend Municipal Code relating to business
licensing may be suspended or revoked based on one or more of the following grounds:
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(a) The licensee has failed to comply with any provisions of Chapter 5.04A or
Chapter 5.04B relating to Business and Occupation Tax.
(b) The licensee is in default in any payment of any tax under 5.04A relating to Business
and Occupation Tax.
(2) Any licensee may, within 30 days from the date that the suspension or revocation
notice was mailed to the licensee, appeal from such suspension or revocation by filing a
written notice of appeal ("petition") setting forth the grounds therefore with the City
Clerk. The appeal shall be heard by the Hearing Examiner as soon as practical. The
Hearing Examiner shall set a date for hearing said appeal and notify the licensee by
mail of the time and place of the hearing. After the hearing thereon the Hearing
Examiner shall, after appropriate findings of fact, and conclusions of law, affirm, modify,
or overrule the suspension or revocation and reinstate the license, and may impose any
terms upon the continuance of the license.
No suspension or revocation of a license issued pursuant to the provisions of this
subchapter shall take effect until 30 days after the mailing of the notice thereof by the
Department, and if appeal is taken as herein prescribed the suspension or revocation
shall be stayed pending final action by the Hearing Examiner. All licenses which are
suspended or revoked shall be surrendered to the City on the effective date of such
suspension or revocation.
The decision of the Hearing Examiner shall be final. The licensee and/or the
Department may seek review of the decision by the Superior Court of Washington in
and for Jefferson County within 15 days from the date of the decision. If review is
sought as herein prescribed the suspension or revocation may be stayed pending final
action by the Superior Court, as determined by the Court.
(3) Upon revocation of any license as provided in this section no portion of the license
fee shall be returned to the licensee.
5.04B.240 Closing agreement provisions.
The Director may enter into an agreement in writing with any person relating to the
liability of such person in respect of any tax imposed by any of the chapters within this
title and administered by this chapter for any taxable period(s). Upon approval of such
agreement, evidenced by execution thereof by the Director and the person so agreeing,
the agreement shall be final and conclusive as to the tax liability or tax immunity
covered thereby, and, except upon a showing of fraud or malfeasance, or
misrepresentation of a material fact:
(1) The case shall not be reopened as to the matters agreed upon, or the agreement
modified, by the Director or the taxpayer, and
(2) In any suit, action or proceeding, such agreement, or any determination,
assessment, collection, payment, abatement, refund, or credit made in accordance
therewith, shall not be annulled, modified, set aside, or disregarded.
5.04B.250 Charge-off of uncollectible taxes.
The Director may charge off any tax, penalty, or interest that is owed by a taxpayer, if
the Director reasonably ascertains that the cost of collecting such amounts would be
greater than the total amount that is owed or likely to be collected from the taxpayer.
Charge-offs in excess of $5.00 require City Council approval.
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