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<br />312.09: <br /> <br />claim in whole or in part and shall mail a notice thereof by <br />registered mail to such person at the address stated upon <br />the return. If such claim is allowed in whole or in part, <br />the Director shall credit the amount of the allowance <br />against any taxes due under this Chapter from the claimant <br />and the balance of said allowance, if any, shall be paid by <br />the Director to the claimant. <br /> <br />FAILURE TO FILE A RETURN: <br /> <br />A. If any operator required by this Chapter to file a <br />return shall fail to do so within the time prescribed, <br />or shall make, willfully or otherwise, an incorrect, <br />false, or fraudulent return, the operator shall, upon <br />written notice and demand, file such return or <br />corrected return within five (5) days of receipt of <br />such written notice and shall at the same time pay <br />any tax due on the basis thereof. If such person <br />shall fail to file such return or corrected return, the <br />Director shall make a return or corrected return, for <br />such person from such knowledge and information <br />as the Director can obtain, and assess a tax on the <br />basis thereof, which tax, less any payments <br />theretofore made on account of the tax for the <br />taxable period covered by such return shall be paid <br />within five (5) days of the receipt of written notice <br />and demand for such payment. Any such return or <br />assessment made by the Director shall be prima <br />facie correct and valid, and such person shall have <br />the burden of establishing its incorrectness or <br />invalidity in any action or proceeding in respect <br />thereto. <br /> <br />B. If any portion of a tax imposed by this Chapter, <br />including penalties thereon, is not paid within thirty <br />(30) days after it is required to be paid, the City <br />may institute such legal action as may be necessary <br />to recover the amount due plus interest, penalties, <br />the costs and disbursements of any action. <br /> <br />C. Upon a showing of good cause, the Director may <br />grant an operator one thirty (30) day extension of <br />time within which to file a return and make <br />payment of taxes as required by this Chapter <br />provided that interest during such period of <br />extension shall be added to the taxes due at the rate <br />of ten percent (10%) per annum. <br />