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889 Amend Admin Code Business YMCCity of Yelm Ordinance No. 889 AN ORDINANCE of the City of Yelm, Washington, relating to the Administrative Provisions for business activities in the City of Yelm, and repealing and replacing selected sections of the Yelm Municipal Code Chapter 5.04 and declaring an effective date WHEREAS, Yelm Municipal Code Chapter 5.04 combines licensing and taxation regulation for both businesses and utility licensing and taxation, and WHEREAS, IT IS THE INTENT OF THE City to meet legislative requirements established in House Bill 2030 with provision set out in legislation in 2004; and WHEREAS, the state has mandated that cities must adopt allocation and apportionment provision to comply with RCW 35.102.130 by January 2008 NOW THEREFORE, the City Council of the City of Yelm do ordain as follows: SECTION 5 Business Chapter 5.04 Administrative Provisions for Business and Occupation Tax for selected sections are added or amended to read as follows: Title ADMINISTRATIVE PROVISIONS FOR BUSINESS AND OCCUPATION TAXES Chapters: 5.04 -Anew section is added to Definitions 5.04.021 "Definitions -References to Chapter 82.32 RCW Where provisions of Chapter 82.32 RCW of this Title, "Department" as used in the RCW shall refer to the "Director as defined in .040 of the model ordinance and "warrant " as used in the RCW shall mean "citation or criminal complaint" Chapters; 5.04 -Numbering changes to 5.04.090 Underpayment of tax, interest, or penalty -Interest A. to 1. If upon... (remains same) B. to 2. Penalty or Interest...(remains same) 2.a. (same} ~~irii °e~c~mpv~e~z+'r~c° rcrm~eff°cccrd° `~ ° ~° of f h o n rrl i n ~ n Gc n~m~~} is m~~n. In cacn of nn ~iirli~ 4hn in4~yc+4 c~h.~ll hn nmm~~~~cp ~frn~m 4rhrc . For tax periods after December 31, 2004 the Director shall compute interest in accordance with RCW 82.32.050 as it now exists or as it may be amended. '~r• Cnr +ho r~ ~rr.nc oc Vf~j~cn4inn 4hn r<+~o of in~GTye~~ nh~r~r orl 4n the ~wr»ver ~+h~ll he ~n n~in r~no of ~hn fn r~l chnrF_4orm rn~n nn City of Yelm Ord. 889 Page 1 of 4 . , .Provisions of RCW 82.32.050 existing at the effective date of this ordinance shall apply. Chapter 5.04.100 2. For tax periods after December 31, 2004 the _Director shall compute interest on refunds or credits of amounts paid or other recovery allowed a taxpayer in accordance with RCW 82.32.060 as it now exists or as it may be amended. 3. The provisions of RCW 82.32.050 existing at the effective date of this ordinance shall apply. infornn+ r~++° r+n ni i+lin°rl fnr ~+n °e~e~m°n+n ~ ~ni+°r non /7\/n\ nli ie +ur nnrn°n+^n° nnin+~ Chapter 5.04.110 Late payment -Disregard of written instructions -Evasion - Penalties. 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 RCW 82.32.090 (1 ), as it now exists or as it may be amended eg ^1 +.. fi.... /G\ n~~n~+ of +h° ~.,,n,,n+ of +,h~ez°a,~arr'a-'rte ° +nv i~ nn+ r°n°iv°rl nn nr h°fn r° +hn I~,~+ rJ ~•i of +h° mnn+h fnllnwinn +hn ray ~° a'a+° +h° fli~°nfnr eh~+ll ~+`+r! ~+ +n+~+I nnn^I+•i °n~ ~~I +n fif+°°n nnrnnn+ of +hn r ~+mn~ ~n+ of +hn +~+v• '+nr! if +hn +w is nn+ r°n°iv°~ nn nr hnfn r° +hn I^c~+ rl.~•i , e nnn~l+•i nn~ ~~I +n fiunn+v. fi•i° Warn°n+ of +h° Omni in+ of +h° +w Aln n°n~l+v i .wee°e~°r~l h°r°in nh.~ll h° I°~e. +M .ten Cian I'lnlhrn ~@C. nM B If ° +°., ,~°fini°n^•, i° °~~°°°°rt h.-the Director-determines that any tax has been substantially underpaid as defined in RCW 82.32.090 ~2,~, there shall be added a penalty in accordance with RCW 82.32.090(2), as it now exists or as it may be amended-°^~ ~°' +^ ~~•° ^°r^n^+ of +h° nrvn„n+ of +hn r+°fini°nnv If nwrv°n+ of .~n•i +.w_rl °fini°n nv ~c~n°c•~°rl h•i +h° rlirn n+nr icy ~~~~+,h° ~, ~° rln+n cn°r.GTTfe~ in +~rrnn~+tTn° nr nn•i °v+°n~+inn e +h°r°nf +h° Plir°n+nr nh~ll nnn°c~c~ n n°n~l+v °n~,.~l +n fif+°°n Warn°n+ of +h° ^~~°e~n°i-1 by +h° I~lirn n+nr in nn+ r°n°iv°i+ nn nr h°fnr° +h° +hir+in+h e~rfv fnll~~ ~° ~~ ~~~. +° c~nn .~'~ in +h° nn+in° nr n•i °v+°nc~inn +h°r°nf +hn rvTr ~ ~ ~ cc~pc , yr-Frry- ~crcr•arvrrn-r T•~r-cnc 1'lirn n+nr c~hnll .~nc~°c~c .~ nn n.e l+v °iv~~nl +n +•~~°n+•i fi•i° n°rn°n+ of +h° ^mn,~n+ City of Yelm Ord. 889 Page 2 of 4 C. I f 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 RCW 82.32.090(3), as it now exists or as it may be amended , D. I f 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, the Director shall impose a penalty in accordance with RCW 82.32.090(5), as it now exists or as it may be amended ~^f fi.,n nernon4 of Oho ~mn„n~ of ~~~t 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. 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 RCW 82.32.090(5), as it now exists or as it may be amended 4h.,+ c~~nh ~nenifin ~~iri~4on ino~r„n~innc+ eh.~ll ~nnly nnl~i fn ~hc n env ~+nenifin uiri#nn inc~ir„n4innc~ h~i 4he rlirnn4nr c~h.~ll he nle.~rl~i c. inrlnn~i~inrl nn c~~~nh nnrl chill inform the ~nvn~~icr +h ~4 f.~il„rc 4n fnllnui rho inc~4r„n~innc mw c„hicnf +he ~wnwor fn +ho non7l~ioc 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 RCW 82.32.090 (6) as it now exists or as it may be amended G. The penalties imposed under subsection (A) through (E) 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. City of Yelm Ord. 889 Page 3 of 4 H. c„~,,,,m~„+ =f ±_~ ~+~{?^:~^^~°°~ The Director shall not impose both the evasion penalty and the penalty for disregarding specific written instruction on the same tax found to be due I. For the purposed of this section, "return" means any document a person is required by the City of Yelm 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_ J. If incorporation into the City of Yelm code of future changes to RCW 82 32 090 is deemed invalid then the provisions of RCW 82.32.0960 existing at the time this ordinance if effective shall apply. K. Chapter 5.04.230 - 504.230 A. 5 The licensee has failed to comply with anv provision in the CityCode. Passed by the Yelm City Council at a regular meeting January 8, 2008 Ron Harding, Mayor AUTHENTICATED: ~~ ~._ Janine A. c nepf, City Clerk Published: Nisqually Valley News, January 18, 2008 Effective Date: January 16, 2008 City of Yelm Ord. 889 Page 4 of 4