[Ord. 2013-787, 9-3-2013]
This chapter shall be known as, and may be cited as, the LOCALLY
IMPOSED AND ADMINISTERED TAX RIGHTS AND RESPONSIBILITIES.
[Ord. 2013-787, 9-3-2013]
The provisions of this chapter shall apply to the City's
procedures in connection with all of the City's locally imposed
and administered taxes.
[Ord. 2013-787, 9-3-2013]
Certain words or terms herein shall have the meaning ascribed
to them as follows:
ACT
The "local government taxpayers' bill of rights act".
CITY
The City of Lincoln, Illinois.
LOCAL TAX ADMINISTRATOR
The Mayor is charged with the administration and collection
of the locally imposed and administered taxes, including staff, employees
or agents to the extent they are authorized by the local tax Administrator
to act in the local tax Administrator's stead. The local tax
Administrator shall have the authority to implement the terms of this
chapter and to give full effect to this chapter. The exercise of such
authority by the local tax Administrator shall not be inconsistent
with this chapter or the act.
LOCALLY IMPOSED AND ADMINISTERED TAX or TAX
Each tax imposed by the City that is collected or administered
by the City not an agency or department of the state. It does not
include any taxes imposed upon real property under the property tax
code or fees collected by the City other than infrastructure maintenance
fees.
NOTICE
Each audit notice, collection notice or other similar notice
or communication in connection with each of the City's locally
imposed and administered taxes.
TAX ORDINANCE
Each ordinance adopted by the City of Lincoln, Illinois,
that imposes any locally imposed and administered tax.
TAXPAYER
Any person required to pay any locally imposed and administered
tax and generally includes the person upon whom the legal incidence
of such tax is placed and with respect to consumer taxes includes
the business or entity required to collect and pay the locally imposed
and administered tax to the City.
[Ord. 2013-787, 9-3-2013]
Unless otherwise provided, whenever notice is required to be
given, the notice is to be in writing mailed not less than seven calendar
days prior to the day fixed for any applicable hearing, audit or other
scheduled act of the local tax Administrator. The notice shall be
sent by the local tax Administrator as follows:
(A) First class or express mail, or overnight mail, addressed to the
persons concerned at the persons' last known address, or
(B) Personal service or delivery.
[Ord. 2013-787, 9-3-2013]
Any notice, payment, remittance or other filing required to
be made to the City pursuant to any tax ordinance shall be considered
late unless it is: a) physically received by the City on or before
the due date, or b) received in an envelope or other container displaying
a valid, readable U.S. postmark dated on or before the due date, properly
addressed to the City, with adequate postage prepaid.
[Ord. 2013-787, 9-3-2013]
Any payment or remittance received for a tax period shall be
applied in the following order: a) first to the tax due for the applicable
period; b) second to the interest due for the applicable period; and
c) third to the penalty for the applicable period.
[Ord. 2013-787, 9-3-2013]
(A) The City shall not refund or credit any taxes voluntarily paid without
written protest at the time of payment in the event that a locally
imposed and administered tax is declared invalidly enacted or unconstitutional
by a court of competent jurisdiction. However, a taxpayer shall not
be deemed to have paid the tax voluntarily if the taxpayer lacked
knowledge of the facts upon which to protest the taxes at the time
of payment or if the taxpayer paid the taxes under duress.
(B) The statute of limitations on a claim for credit or refund shall
be four or less years after the end of the calendar year in which
payment in error was made. The City shall not grant a credit or refund
of locally imposed and administered taxes, interest, or penalties
to a person who has not paid the amounts directly to the City.
(C) The procedure for claiming a credit or refund of locally imposed
and administered taxes, interest or penalties paid in error shall
be as follows:
1. The taxpayer shall submit to the local tax Administrator in writing
a claim for credit or refund together with a statement specifying:
(a)
The name of the locally imposed and administered tax subject
to the claim;
(b)
The tax period for the locally imposed and administered tax
subject to the claim;
(c)
The date of the tax payment subject to the claim and the canceled
check or receipt for the payment;
(d)
The taxpayer's recalculation, accompanied by an amended
or revised tax return, in connection with the claim; and
(e)
A request for either a refund or a credit in connection with
the claim to be applied to the amount of tax, interest and penalties
overpaid, and, as applicable, related interest on the amount overpaid;
provided, however, that there shall be no refund and only a credit
given in the event the taxpayer owes any monies to the City.
2. Within 10 days of the receipt by the local tax Administrator of any
claim for a refund or credit, the local tax Administrator shall either:
(b)
Deny the claim, in whole or in part, together with a statement
as to the reason for the denial or the partial grant and denial.
[Ord. 2013-787, 9-3-2013]
Any request for proposed audit pursuant to any local administered
tax shall comply with the notice requirements of this chapter.
(A) Each notice of audit shall contain the following information:
2. The time period of the audit; and
3. A brief description of the books and records to be made available
for the auditor.
(B) Any audit shall be conducted during normal business hours and if
the date and time selected by the local tax Administrator is not agreeable
to the taxpayer, another date and time may be requested by the taxpayer
within 30 days after the originally designated audit and during normal
business hours.
(C) The taxpayer may request an extension of time to have an audit conducted.
The audit shall be conducted not less than seven days nor more than
30 days from the date the notice is given, unless the taxpayer and
the local tax Administrator agreed to some other convenient time.
In the event the taxpayer is unable to comply with the audit on the
date in question, the taxpayer may request another date within the
30 days, approved in writing, that is convenient to the taxpayer and
the local tax Administrator.
(D) Every taxpayer shall keep accurate books and records of the taxpayer's
business or activities, including original source documents and books
of entry denoting the transactions which had given rise or may have
given rise to any tax liability, exemption or deduction. All books
shall be kept in the English language and shall be subject to and
available for inspection by the City.
(E) It is the duty and responsibility of every taxpayer to make available
its books and records for inspection by the City. If the taxpayer
or tax collector fails to provide the documents necessary for audit
within the time provided, the local tax Administrator may issue a
tax determination and assessment based on the tax Administrator's
determination of the best estimate of the taxpayer's tax liability.
(F) If an audit determines there has been an overpayment of a locally
imposed and administered tax as a result of the audit, written notice
of the amount of overpayment shall be given to the taxpayer within
30 days of the City's determination of the amount of overpayment.
(G) In the event a tax payment was submitted to the incorrect local governmental
entity, the local tax Administrator shall notify the local governmental
entity imposing such tax.
[Ord. 2013-787, 9-3-2013]
(A) The local tax Administrator shall send written notice to a taxpayer
upon the local tax Administrator's issuance of a protestable
notice of tax due, a bill, a claim denial, or a notice of claim reduction
regarding any tax. The notice shall include the following information:
1. The reason for the assessment;
2. The amount of the tax liability proposed;
3. The procedure for appealing the assessment; and
4. The obligations of the City during the audit, appeal, refund and
collection process.
(B) A taxpayer who receives written notice from the local tax Administrator
of a determination of tax due or assessment may file with the local
tax Administrator a written protest and petition for hearing, setting
forth the basis of the taxpayer's request for a hearing. The
written protest and petition for hearing must be filed with the local
tax Administrator within 45 days of receipt of the written notice
of the tax determination and assessment.
(C) If a timely written notice and petition for hearing is filed, the
local tax Administrator shall fix the time and place for hearing and
shall give written notice to the taxpayer. The hearing shall be scheduled
for a date within 14 days of receipt of the written protest and petition
for hearing, unless the taxpayer requests a later date convenient
to all parties.
(D) If a written protest and petition for hearing is not filed within
the forty-five-day period, the tax determination, audit or assessment
shall become a final bill due and owing without further notice.
(E) Upon the showing of reasonable cause by the taxpayer and the full
payment of the contested tax liability along with interest accrued
as of the due date of the tax, the local tax Administrator may reopen
or extend the time for filing a written protest and petition for hearing.
In no event shall the time for filing a written protest and petition
for hearing be reopened or extended for more than 90 days after the
expiration of the forty-five-day period.
[Ord. 2013-787, 9-3-2013]
(A) Whenever a taxpayer or a tax collector has filed a timely written protest and petition for hearing under Section
13-3-9 of this chapter, the local tax Administrator shall conduct a hearing regarding any appeal.
(B) No continuances shall be granted except in cases where a continuance
is absolutely necessary to protect the rights of the taxpayer. Lack
of preparation shall not be grounds for a continuance. Any continuance
granted shall not exceed 14 days.
(C) At the hearing the local tax Administrator shall preside and shall
hear testimony and accept any evidence relevant to the tax determination,
audit or assessment. The strict rules of evidence applicable to judicial
proceedings shall not apply.
(D) At the conclusion of the hearing, the local tax Administrator shall
make a written determination on the basis of the evidence presented
at the hearing. The taxpayer or tax collector shall be provided with
a copy of the written decision.
[Ord. 2013-787, 9-3-2013]
In the event a determination has been made that a tax is due
and owing, through audit, assessment or other bill sent, the tax must
be paid within the time frame otherwise indicated.
(A) Interest: The City hereby provides for the amount of interest to
be assessed on a late payment, underpayment, or nonpayment of the
tax, to be 12.0% per annum, based on a year of 365 days and the number
of days elapsed.
(B) Late Filing And Payment Penalties: If a tax return is not filed within
the time and manner provided by the controlling tax ordinance, a late
filing penalty, of 5% of the amount of tax required to be shown as
due on a return shall be imposed; and a late payment penalty of 5%
of the tax due shall be imposed. If no return is filed within the
time or manner provided by the controlling tax ordinance and prior
to the City issuing a notice of tax delinquency or notice of tax liability,
then a failure to file penalty shall be assessed equal to 25% of the
total tax due for the applicable reporting period for which the return
was required to be filed. A late filing or payment penalty shall not
apply if a failure to file penalty is imposed by the controlling ordinance.
[Ord. 2013-787, 9-3-2013]
The local tax Administrator shall have the authority to waive
or abate any late filing penalty, late payment penalty or failure
to file penalty if the local tax Administrator shall determine reasonable
cause exists for delay or failure to make a filing.
[Ord. 2013-787, 9-3-2013]
The City may enter into an installment contract with the taxpayer
for the payment of taxes under the controlling tax ordinance. The
local tax Administrator may not cancel any installment contract so
entered unless the taxpayer fails to pay any amount due and owing.
Upon written notice by the local tax Administrator that the payment
is 30 days delinquent, the taxpayer shall have 14 working days to
cure any delinquency. If the taxpayer fails to cure the delinquency
within the fourteen-day period or fails to demonstrate good faith
in restructuring the installment contract with the local Administrator,
the installment contract shall be canceled without further notice
to the taxpayer.
[Ord. 2013-787, 9-3-2013]
The City, through the local tax Administrator, shall review
all tax returns in a prompt and timely manner and inform taxpayers
of any amounts due and owing. The taxpayer shall have 45 days after
receiving notice of the reviewed tax returns to make any request for
refund or provide any tax still due and owing.
(A) No determination of tax due and owing may be issued more than four
years after the end of the calendar year for which the return for
the applicable period was filed or for the calendar year in which
the return for the applicable period was due, whichever occurs later.
(B) If any tax return is not filed or if during any four-year period
for which a notice of tax determination or assessment may be issued
by the City, the tax paid was less than 75% of the tax due, the statute
of limitations shall be six years maximum after the end of the calendar
year in which return for the applicable period was due or end of the
calendar year in which the return for the applicable period was filed.
(C) No statute of limitations shall apply if a fraudulent tax return
was filed by the taxpayer.
[Ord. 2013-787, 9-3-2013]
For any locally imposed and administered tax for which a taxpayer
has not received a written notice of an audit, investigation, or assessment
from the local tax Administrator, a taxpayer is entitled to file an
application with the local tax Administrator for a voluntary disclosure
of the tax due. A taxpayer filing a voluntary disclosure application
must agree to pay the amount of tax due, along with interest of 1%
per month, for all periods prior to the filing of the application
but not more than four years before the date of filing the application.
A taxpayer filing a valid voluntary disclosure application may not
be liable for any additional tax, interest, or penalty for any period
before the date the application was filed. However, if the taxpayer
incorrectly determined and underpaid the amount of tax due, the taxpayer
is liable for the underpaid tax along with applicable interest on
the underpaid tax, unless the underpayment was the result of fraud
on the part of the taxpayer, in which case the application shall be
deemed invalid and void. The payment of tax and interest must be made
by no later than 90 days after the filing of the voluntary disclosure
application or the date agreed to by the local tax Administrator.
However, any additional amounts owed as a result of an underpayment
of tax and interest previously paid under this section must be paid
within 90 days after a final determination and the exhaustion of all
appeals of the additional amount owed or the date agreed to by the
local tax Administrator, whichever is longer.
[Ord. 2013-787, 9-3-2013]
Any locally administered tax ordinance shall be published via
normal or standard publishing requirements. The posting of a tax ordinance
on the internet shall satisfy the publication requirements. Copies
of all tax ordinances shall be made available to the public upon request
at the City Clerk's office.
[Ord. 2013-787, 9-3-2013]
The local tax Administrator shall establish an internal review
procedure regarding any liens filed against any taxpayers for unpaid
taxes. Upon a determination by the local tax Administrator that the
lien is valid, the lien shall remain in full force and effect. If
the lien is determined to be improper, the local tax Administrator
shall:
(A) Timely remove the lien at the City's expense;
(B) Correct the taxpayer's credit record; and
(C) Correct any public disclosure of the improperly imposed lien.
[Ord. 2013-787, 9-3-2013]
This chapter shall be liberally construed and administered to
supplement all of the City's tax ordinances. To the extent that
any tax ordinance is in conflict with or inconsistent with this chapter,
this chapter shall be controlling.