The purpose of this article is to provide, in accordance with the Revised Code Of Washington, a uniform methodology for levying a gross receipts tax on business entities and business activities within the city of Roy.
(Ord. 815, 12-10-2007)
See also Chapters 4-1 and 4-1B.
The provisions of this article shall apply with respect to the taxes imposed under this chapter and under other titles, chapters, and sections of this code in such manner and to such extent as indicated in each such title, chapter or section of this code.
(Ord. 815, 12-10-2007)
For purposes of this article, the definitions contained in section 4-1-4 of this chapter shall apply equally to the provisions of this article unless the term is defined otherwise in this article. In addition, the following definitions will apply:
REPORTING PERIOD: | A. A one (1) month period beginning the first day of each calendar month (monthly); or |
B. A three (3) month period beginning January 1, April 1, July 1 or October 1 of each year (quarterly); or | |
C. A twelve (12) month period beginning January 1 of each year (annual). | |
RETURN: | 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: | A. 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. |
B. 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: | The calendar year. |
(Ord. 815, 12-10-2007)
A.
Enforcement Powers: The director shall have the power, from time to time, to adopt, publish and enforce rules and regulations not inconsistent with this article or with law for the purpose of carrying out the provisions of this article, and it shall be unlawful to violate or fail to comply with any such rule or regulation.
B.
Ancillary Allocation Authority: 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 Roy, 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.
(Ord. 815, 12-10-2007)
A.
License Required; Application; Fee; Registration Only Option:
1.
Except as otherwise provided by ordinance, no person, whether or not subject to the payment of tax as provided in this article, shall engage in "business" as defined in this chapter within the city without first having obtained and being the holder of a valid and subsisting business license to do so, issued pursuant to this article.
2.
The business license shall be issued for any lawful business on application therefor and payment of the annual license fee as set forth in the city of Roy fee schedule.
3.
The business license issued pursuant to this article shall be valid for the calendar year so long as the person to whom it is issued continues in business and pays the above application annual license fee and any tax due under this chapter on or before February 1 of each year.
4.
Applications for the license shall be made to and on forms provided by the city clerk-treasurer.
5.
For purposes of the license by this chapter and article, any person or business whose annual value of products, gross proceeds of sales, or gross income of the business in the city is equal to or less than two thousand dollars ($2,000.00), and who does not maintain a place of business within the city, shall submit a business license registration to the director or designee. The threshold does not apply to regulatory license requirements or activities that require a specialized permit.
B.
License Conditions:
1.
The license shall be personal and nontransferable.
2.
A separate license for each separate place at which one (1) taxpayer transacts business with the public shall be required.
3.
Each license shall be numbered and shall show the name and location of the taxpayer’s business and such other information as the city clerk-treasurer deems necessary, and shall at all times be conspicuously posted in the place of business for which it is issued.
C.
Special, Limited Business License: All persons operating a revenue generating business in the city only during a single special event recognized by the city shall obtain and display a special, limited business license, valid for up to four (4) consecutive days. The city clerk-treasurer shall include the dates for which the license is valid on the face of the license. For events longer than four (4) days, a regular annual business license shall be required. The fee for the special, limited business license shall be as set forth in the city of Roy fee schedule. The special, limited business license shall be issued only to vendors that are properly licensed in the state of Washington and that have obtained written permission from the owner of the property where the business is to be operated during the special event. The terms and conditions set forth in this section shall apply except as provided herein.
D.
The annual license fee is delinquent if not submitted and paid by January 31 or within thirty (30) days of commencing business in the city. The late fee is fifty percent (50%) of the annual license fee for each month or portion thereof beyond the delinquent date during which the fee remains unpaid to a maximum fee of two hundred percent (200%) of the annual license fee.
(Ord. 815, 12-10-2007; Ord. 868, 5-14-2012; Ord. 922, 2-23-2015; Ord. 970, 10-8-2018)
A.
Payment Periods: 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.
B.
Payment Of Tax; Filing Return: 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.
C.
Filing By Due Date: Tax returns must be filed and returned by the due date whether or not any tax is owed.
D.
Filing When Tax Not Due: For purposes of the tax imposed by this chapter, 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 five thousand dollars ($5,000.00) in the current quarter, 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.
E.
Payment For Portion Of Payment Period: 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.
F.
Computing Period Of Days: Except as otherwise specifically provided by any other provision of this article, in computing any period of days prescribed by this article 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.
G.
Failure To Make Tax Return: If any taxpayer fails, neglects or refuses to make a return as and when required in this article, 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.
(Ord. 815, 12-10-2007; Ord. 882, 12-20-2012, eff. 1-1-2013)
A.
Methods Allowed; Failure Of Bank To Pay: 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.
B.
Determination Of Date Received: 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.
C.
Request For Additional Time: 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.
D.
Records Of Funds Received: 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.
E.
Filing Return Without Payment: 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 article.
F.
Payment Returned For Lack Of Sufficient Funds: 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 "nonsufficient funds" (NSF) charge of thirty dollars ($30.00) 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 $30.00 NSF fee) is received.
G.
Mailing Tax Return Forms To Taxpayers: 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 article.
(Ord. 815, 12-10-2007)
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.
A.
If a person does not keep the necessary books and records within the city, it shall be sufficient if such person: 1) produces within the city such books and records as may be required by the director; or 2) 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.
B.
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 any penalty, interest, and fees due; the total of such amounts shall thereupon become immediately due and payable.
(Ord. 815, 12-10-2007)
A.
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.
B.
The taxes imposed and the returns required hereunder shall be upon a calendar year basis.
(Ord. 815, 12-10-2007)
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.
(Ord. 815, 12-10-2007)
A.
Underpayment Of Tax: 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.
(Ord. 815, 12-10-2007)
A.
Credit To Taxpayer’s Account: 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 B 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.
B.
Written Waiver: 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.
C.
Refunds; Payment Method: 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.
D.
Final Judgment; Payment Method: 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 C of this section, upon the filing with the director a certified copy of the order or judgment of the court.
(Ord. 815, 12-10-2007)
The director shall not assess, or correct an assessment for, additional taxes, penalties, or interest due more than four (4) years after the close of the calendar year in which they were incurred, except that the director may issue an assessment:
A.
Against a person who is not currently registered or licensed or has not filed a tax return as required by this article for taxes due within the period commencing ten (10) years prior to the close of the calendar year in which the person was contacted in writing by the director;
B.
Against a person that has committed fraud or who misrepresented a material fact; or
C.
Against a person that has executed a written waiver of such limitations.
(Ord. 815, 12-10-2007)
A.
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 in accordance with Revised Code of Washington 82.32.090(1), as it now exists or as it may be amended.
B.
If the director determines that any tax has been substantially under-paid as defined in Revised Code of Washington 82.32.090(2), there shall be added a penalty in accordance with Revised Code of Washington 82.32.090(2), as it now exists or as it may be amended.
C.
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 in accordance with Revised Code of Washington 82.32.090(3), as it now exists or as it may be amended.
D.
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 this chapter, the director shall impose a penalty in accordance with Revised Code of Washington 82.32.090(4), as it now exists or as it may be amended. No penalty shall be imposed under this subsection 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.
E.
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 in accordance with Revised Code of Washington 82.32.090(5), as it now exists or as it may be amended.
F.
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 in accordance with Revised Code of Washington 82.32.090(6), as it now exists or as it may be amended.
H.
The director shall not impose both the evasion penalty and the penalty for disregarding specific written instructions on the same tax found to be due.
I.
For the purposes of this section, "return" means any document a person is required by the city of Roy 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.
(Ord. 815, 12-10-2007)
A.
The director may cancel any penalties imposed under subsections 4-1A-14A through F of this article if the taxpayer shows that its failure to timely file or pay the tax was due to reasonable cause and not wilful neglect. Wilful 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 C of this section.
B.
A request for cancellation of penalties must be received by the director within thirty (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.
C.
The director may cancel the penalties in subsections 4-1A-14A through F of this article one time if a person:
D.
The director shall not cancel any interest charged upon amounts due.
(Ord. 815, 12-10-2007)
A.
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.
B.
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: 1) 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 2) more than six (6) months have passed since the successor notified the director of the acquisition and the director has not issued and notified the successor of an assessment.
C.
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.
D.
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 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.
(Ord. 815, 12-10-2007)
A.
Any person, except one who has failed to comply with section 4-1A-8 of this article aggrieved by the amount of the fee or tax determined by the director to be required under the provisions of this article may pay the amount due and appeal from such determination by filing a written notice of appeal with the city hearing examiner within thirty (30) days from the date written notice of such amount was mailed to the taxpayer.
B.
A fifty dollar ($50.00) filing fee shall be submitted with the appeal, which filing fee is required to process the appeal.
C.
The city hearing examiner shall, as soon as practical, 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.
E.
The decision of the city hearing examiner shall indicate the correct amount of the fee or tax owing.
(Ord. 815, 12-10-2007)
The taxpayer or the city may obtain judicial review of the city hearing examiner’s administrative decision by applying for a writ of review in the Pierce County superior court within thirty (30) days from the date of the city hearing examiner’s decision in accordance with the procedure set forth in chapter 7.16 Revised Code of Washington, other applicable law, and court rules. The city shall have the same right of review from the administrative decision as does a taxpayer.
(Ord. 815, 12-10-2007)
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.
(Ord. 815, 12-10-2007)
The director is authorized to enter into agreements with other Washington cities which impose an "eligible gross receipts tax":
A.
To conduct an audit or joint audit of a taxpayer by using an auditor employed by the city of Roy, 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.
B.
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.
C.
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.
(Ord. 815, 12-10-2007)
A.
Notice: Any notice required by this article 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.
B.
Taxpayer Responsibility:
1.
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 article.
2.
It is the responsibility of the taxpayer to inform the director in writing about a change in the taxpayer’s address.
(Ord. 815, 12-10-2007)
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 Roy except as herein otherwise expressly provided.
(Ord. 815, 12-10-2007)
A.
Definitions: For purposes of this section, the following definitions apply in addition to the defined terms set forth in title 1, chapter 3 of this code:
CITY AGENCY: | Every city office, department, division, bureau, board, commission, or other city agency. |
DISCLOSE: | To make known to any person in any manner whatever a return or tax information. |
REFERENCES TO CHAPTER 82.32 REVISED CODE OF WASHINGTON: | Where provisions of chapter 82.32 Revised Code Of Washington are incorporated in section 4-1A-14 of this article, "department" as used in the Revised Code Of Washington shall refer to the "director" as defined in section 4-1-4 of this chapter and "warrant" as used in the Revised Code Of Washington shall mean "citation or criminal complaint". |
TAX INFORMATION: | 1. A taxpayer’s identity; |
2. The nature, source, or amount of the taxpayer’s income, payments, receipts, deductions, exemption, credits, assets, liability, net worth, tax liability deficiencies, overassessments, or tax payments, whether taken from the taxpayer’s books and records or any other source; | |
3. Whether the taxpayer’s return was, is being, or will be examined or subject to other investigation or processing; or | |
4. Other data received by, recorded by, prepared by, or provided to the city with respect to the determination or the existence, or possible existence, of liability, or the amount thereof, of a person under this code for a tax, penalty, interest, fine, forfeiture, or other imposition, or offense. However, data, material, or documents that do not disclose information related to a specific or identifiable taxpayer do not constitute tax information under this section. Nothing in this article requires any person possessing data, material, or documents made confidential and privileged by this section to delete information from such data, material or documents so as to permit its disclosure. | |
TAXPAYER IDENTITY: | The taxpayer’s name, address, telephone number, registration number, or any combination thereof, or any other information disclosing the identity of the taxpayer. |
B.
Confidentiality: Returns and tax information are confidential and privileged, and except as authorized by this section, neither the director nor any other person may disclose any return or tax information.
C.
Disclosure: This section does not prohibit the director from:
1.
Disclosing such return or tax information in a civil or criminal judicial proceeding or an administrative proceeding:
2.
Disclosing, subject to such requirements and conditions as the director prescribes by rules adopted pursuant to section 4-1A-19 of this article, such return or tax information regarding a taxpayer to such taxpayer or to such person or persons as that taxpayer may designate in a request for, or consent to, such disclosure, or to any other person, at the taxpayer’s request, to the extent necessary to comply with a request for information or assistance made by the taxpayer to such other person. However, tax information not received from the taxpayer must 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 department that provides 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;
3.
Publishing statistics so classified as to prevent the identification of particular returns or reports or items thereof;
4.
Disclosing such return or tax information, for official purposes only, to the mayor or city attorney, or to any city agency, or to any member of the city council or their authorized designees dealing with matters of taxation, revenue, trade, commerce, the control of industry or the professions;
5.
Permitting the city’s records to be audited and examined by the proper state officer, his or her agents and employees;
6.
Disclosing any such return or tax information to a peace officer as defined in Revised Code Of Washington 9A.04.110 or county prosecuting attorney, for official purposes. The disclosure may be made only in response to a search warrant, subpoena, or other court order, unless the disclosure is for the purpose of criminal tax enforcement. A peace officer or county prosecuting attorney who receives the return or tax information may disclose that return or tax information only for use in the investigation and a related court proceeding, or in the court proceeding for which the return or tax information originally was sought or where otherwise allowed to be disclosed under this section;
7.
Disclosing any such return or tax information to the proper officer of the internal revenue service of the United States, the Canadian government or provincial governments of Canada, or to the proper officer of the tax department of any state or city or town or county, for official purposes, but only if the statutes of the United States, Canada or its provincial governments, or of such other state or city or town or county, as the case may be, grants substantially similar privileges to the proper officers of the city;
8.
Disclosing any such return or tax information to the United States department of justice, including the bureau of alcohol, tobacco, firearms and explosives, the department of defense, the immigration and customs enforcement and the customs and border protection agencies of the United States department of homeland security, the United States coast guard, the alcohol and tobacco tax and trade bureau of the United States department of treasury, and the United States department of transportation, or any authorized representative of these federal agencies or their successors, for official purposes;
9.
Publishing or otherwise disclosing the text of a written determination designated by the director as a precedent pursuant to Revised Code Of Washington 82.32.410;
10.
Disclosing, in a manner that is not associated with other tax information, the taxpayer name, entity type, business address, mailing address, revenue tax registration numbers and the active/closed status of such registrations, state or local business license registration identification and the active/closed status and effective dates of such licenses, reseller permit numbers and the expiration date and status of such permits, North American industry classification system or standard industrial classification code of a taxpayer, and the dates of opening and closing of business. Except that this subsection may not be construed as giving authority to the city or any recipient to give, sell, or provide access to any list of taxpayers for any commercial purpose;
11.
Disclosing such return or tax information that is also maintained by another Washington state or local governmental agency as a public record available for inspection and copying under the provisions of chapter 42.56 Revised Code Of Washington or is a document maintained by a court of record and is not otherwise prohibited from disclosure;
12.
Disclosing such return or tax information to the United States department of agriculture, or successor department or agency, for the limited purpose of investigating food stamp fraud by retailers;
13.
Disclosing to a financial institution, escrow company, or title company, in connection with specific real property that is the subject of a real estate transaction, current amounts due the city for a filed tax warrant, judgment, or lien against the real property;
14.
Disclosing to a person against whom the department has asserted liability as a successor under section 4-1A-16 of this article return or tax information pertaining to the specific business of the taxpayer to which the person has succeeded;
15.
Disclosing real estate excise tax affidavit forms filed under title 3, chapter 4, article B of this code in the possession of the city, including real estate excise tax affidavit forms for transactions exempt or otherwise not subject to tax;
16.
Disclosing such return or tax information to the court or hearing examiner in respect to the city’s application for a subpoena if there is probable cause to believe that the records in possession of a third party will aid the director in connection with its official duties under this title or a civil or criminal investigation.
D.
Use In Investigation:
1.
The director may disclose return or taxpayer information to a person under investigation or during any court or administrative proceeding against a person under investigation as provided in this subsection D. The disclosure must be in connection with the department’s official duties under this title, or a civil or criminal investigation. The disclosure may occur only when the person under investigation and the person in possession of data, materials, or documents are parties to the return or tax information to be disclosed. The department may disclose return or tax information such as invoices, contracts, bills, statements, resale or exemption certificates, or checks. However, the department may not disclose general ledgers, sales or cash receipt journals, check registers, accounts receivable/payable ledgers, general journals, financial statements, expert’s work papers, income tax returns, state tax returns, tax return work papers, or other similar data, materials, or documents.
2.
Before disclosure of any tax return or tax information under this subsection D, the director must, through written correspondence, inform the person in possession of the data, materials, or documents to be disclosed. The correspondence must clearly identify the data, materials, or documents to be disclosed. The director may not disclose any tax return or tax information under this subsection D until the time period allowed in subsection D3 of this section has expired or until the court has ruled on any challenge brought under subsection D3 of this section.
3.
The person in possession of the data, materials, or documents to be disclosed by the department has twenty (20) days from the receipt of the written request required under subsection D2 of this section to petition the superior court of the county in which the petitioner resides for injunctive relief. The court must limit or deny the request of the director if the court determines that:
a.
The data, materials, or documents sought for disclosure are cumulative or duplicative, or are obtainable from some other source that is more convenient, less burdensome, or less expensive;
b.
The production of the data, materials, or documents sought would be unduly burdensome or expensive, taking into account the needs of the department, the amount in controversy, limitations on the petitioner’s resources, and the importance of the issues at stake; or
c.
The data, materials, or documents sought for disclosure contain trade secret information that, if disclosed, could harm the petitioner.
4.
The director must reimburse reasonable expenses for the production of data, materials, or documents incurred by the person in possession of the data, materials, or documents to be disclosed.
E.
Disclosure; Service Of Subpoena: Service of a subpoena issued by the court or under title 1, chapter 6, article A of this code does not constitute a disclosure of return or tax information under this section. Notwithstanding anything else to the contrary in this section, a person served with a subpoena issued by the court or under title 1, chapter 6, article A of this code may disclose the existence or content of the subpoena to that person’s legal counsel.
F.
Violation A Misdemeanor; Forfeit City Office: Any person acquiring knowledge of any return or tax information in the course of his or her employment with the city and any person acquiring knowledge of any return or tax information as provided under subsection C4, C5, C6, C7, C8, C9, or C11 of this section, who discloses any such return or tax information to another person not entitled to knowledge of such return or tax information under the provisions of this section, is guilty of a misdemeanor. If the person guilty of such violation is an officer or employee of the city, such person must forfeit such office or employment and is incapable of holding any public office or employment in this city for a period of two (2) years thereafter.
(Ord. 882, 12-10-2012, eff. 1-1-2013)
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 Roy 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.
(Ord. 815, 12-10-2007)
A.
It shall be unlawful for any person liable for fees under this chapter (or other chapters as listed):
1.
To violate or fail to comply with any of the provisions of this chapter or any lawful rule or regulation adopted by the director;
2.
To make any false statement on any license application or tax return;
3.
To aid or abet any person in any attempt to evade payment of a license fee or tax;
4.
To fail to appear or testify in response to a subpoena issued pursuant to this chapter;
5.
To testify falsely in any investigation, audit, or proceeding conducted pursuant to this chapter;
6.
To continue to engage or to resume activity in business after the revocation of a license pursuant to this title.
B.
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 five thousand dollars ($5,000.00), imprisonment not to exceed three hundred sixty-four (364) days, or both fine and imprisonment. Penalties or punishments provided in this chapter shall be in addition to all other penalties provided by law.
C.
Any person, or officer of a corporation, convicted of continuing to engage or of resuming activity in business after the revocation of a license shall be guilty of a gross misdemeanor for each day of continued business and may be punished by a fine not to exceed five thousand dollars ($5,000.00) or imprisonment not to exceed three hundred sixty-four (364) days, or both fine and imprisonment for each violation.
(Ord. 815, 12-10-2007; Ord. 922, 2-23-2015)
A.
The director, or designee, shall have the power and authority to suspend or revoke any license issued under the provisions of this article. 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 therefor. Any license issued under this article may be suspended or revoked based on one or more of the following grounds:
1.
The license was procured by fraud or false representation of fact.
2.
The licensee has failed to comply with any provisions of this article.
3.
The licensee has failed to comply with any provisions of this code.
4.
The licensee is in default in any payment of any license fee or tax under this chapter.
5.
The licensee or employee has been convicted of a crime involving the business.
B.
1.
Any licensee may, within twenty (20) 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 therefor with the city hearing examiner. A copy of the petition must be provided by the licensee to the director and the city attorney on or before the date the petition is filed with the city hearing examiner. The hearing shall be conducted in accordance with the procedures for hearing contested cases set out in section 1-6A-4 of this code. The city 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 city 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.
2.
No suspension or revocation of a license issued pursuant to the provisions of this article shall take effect until twenty (20) 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 city 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 city 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 Pierce County within twenty (20) days from the date of the decision. If review is sought as herein prescribed the suspension or revocation shall be stayed pending final action by the superior court.
3.
Upon revocation of any license as provided in this article no portion of the license fee shall be returned to the licensee.
(Ord. 815, 12-10-2007)
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 fifty dollars ($50.00) require city council approval.
(Ord. 815, 12-10-2007)
If any provision of this article or its application to any person or circumstance is held invalid, the remainder of the article or the application of the provision to other persons or circumstances shall not be affected.
(Ord. 882, 12-10-2012, eff. 1-1-2013)