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Ordinance 3041-07
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Ordinance 3041-07
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Ordinances
Ordinance Number
3041-07
Date
12/12/2007
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the excess amount shall be credited to the taxpayer's account or shall be <br /> refunded to the taxpayer. Except as provided in subsection B of this section, no <br /> refund or credit shall be made for taxes, penalties, or interest paid more than four <br /> years prior to the beginning of the calendar year in which the refund application is <br /> made or examination of records is completed. <br /> B. The execution of a written waiver shall extend the time for applying for, or <br /> making a refund or credit of, any taxes paid during, or attributable to, the years <br /> covered by the waiver if, prior to the expiration of the waiver period, an <br /> application for refund of such taxes is made by the taxpayer or the director <br /> discovers that a refund or credit is due. <br /> C. Refunds shall be made by means of vouchers approved by the director <br /> and by the issuance of a city check or warrants drawn upon and payable from <br /> such funds as the city may provide. <br /> D. Any final judgment for which a recovery is granted by any court of <br /> competent jurisdiction for tax, penalties, interest, or costs paid by any person <br /> shall be paid in the same manner as provided in subsection C of this section, <br /> upon the filing with the director a certified copy of the order or judgment of the <br /> court. <br /> E. 1. For refunds of amounts paid or other recovery allowed to a taxpayer <br /> after December 31, 1991, and before July 1, 2002, the rate of interest shall be <br /> the rate as computed by taking seventy-five percent of the current (daily) state <br /> pool rate compounded annually. <br /> 2. For refunds or credits of amounts paid or other recovery allowed to a <br /> taxpayer after July 1, 2002, and before January 1, 2005, the rate of interest shall <br /> be the federal short-term interest rate as outlined for assessments under Section <br /> 3.19.090(6)(2) and (3) less two percentage points. <br /> 3. Interest on overpayments of taxes for periods beginning on or after January <br /> 1, 2005, shall be the average federal short-term interest rate as outlined for <br /> assessments under Section 3.19.090(6)(3) plus two percentage points. (Ord. <br /> 2809-04 § 1 (part), 2004) <br /> Is hereby amended to read as follows: <br /> 3.19.100 Overpayment of tax, penalty, or interest—Credit or refund— <br /> Interest rate—Statute of limitations. <br /> A. If, upon receipt of an application for a refund, or during an audit or <br /> examination of the taxpayer's records and tax returns, the director determines <br /> that the amount of tax, penalty, or interest paid is in excess of that properly due, <br /> the excess amount shall be credited to the taxpayer's account or shall be <br /> refunded to the taxpayer. Except as provided in subsection B of this section, no <br /> refund or credit shall be made for taxes, penalties, or interest paid more than four <br /> (4) years prior to the beginning of the calendar year in which the refund <br /> application is made or examination of records is completed. <br /> B. The execution of a written waiver shall extend the time for applying for, or <br /> making a refund or credit of, any taxes paid during, or attributable to, the years <br /> covered by the waiver if, prior to the expiration of the waiver period, an <br /> 3 <br />
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