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chapter 9 licenses and regulation elec.

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quarterly return shall file an annual calendar year return within 90 days of the<br />

close of each such calendar year.<br />

2. The annual return shall summarize the quarterly returns, reconcile <strong>and</strong> adjust<br />

for any errors in the quarterly returns <strong>and</strong> shall contain additional information<br />

if required by the Finance Director to determine the accuracy of the annual<br />

return. Such annual returns shall be made on forms furnished by the Finance<br />

Director <strong>and</strong> shall be signed by the permittee or his authorized agent.<br />

F. Interest<br />

All unpaid taxes shall bear interest at the rate of 1% per month or any portion<br />

thereof as in Wisconsin Statutes Section 74.80 from the due date of the return.<br />

Failure to pay the tax or delinquent payment of such taxes shall be subject to a<br />

$10 late filing penalty in addition to the interest imposed.<br />

G. False or Fraudulent Return<br />

If a false or fraudulent return is filed with the intent to defeat or evade the tax, a<br />

penalty of 50% of the tax due shall be paid in addition to the tax, interest <strong>and</strong> late<br />

filing penalty. Deliberate understatement of quarterly returns with correction on<br />

annual returns shall be a violation of this section.<br />

H. Enforcement<br />

As a means of enforcing the collection of any room tax, the City may:<br />

1. Whenever it has probable cause to believe that the correct amount of room<br />

tax has not been assessed or that the tax return is not correct, inspect <strong>and</strong><br />

audit the financial records of any person subject to this ordinance to<br />

determine whether or not the correct amount of room tax is assessed <strong>and</strong><br />

whether or not any room tax return is correct.<br />

2. Any person who fails to comply with a request to inspect <strong>and</strong> audit the<br />

person’s financial records under paragraph (h)(1) shall be subject to a<br />

forfeiture of 5% of the tax determined.<br />

3. Determine the tax according to its best judgment if any person required to<br />

make a return fails, neglects or refuses to do so for the amount in the<br />

manner <strong>and</strong> form <strong>and</strong> within the time prescribed by the City.<br />

4. Require each person to pay an amount of taxes the City determines to be<br />

due under paragraph (h)(3) plus interest at the rate of 1% per month on the<br />

unpaid balance. No refund or modification of the payment determined<br />

may be granted until the person files a correct room tax return <strong>and</strong> permits<br />

the City to inspect <strong>and</strong> audit his financial records under paragraph (h)(1).<br />

City of Marinette<br />

40<br />

Code of Ordinances

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