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Ordinance 2809-04
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Ordinance 2809-04
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Ordinances
Ordinance Number
2809-04
Date
12/15/2004
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It shall not be necessary for the taxpayer to protest against the payment of any <br /> tax or to make any demand to have the same refunded or to petition the Director <br /> for a hearing in order to appeal to the superior court, but no court action or <br /> proceeding of any kind shall be maintained by the taxpayer to recover any tax <br /> paid, or any part thereof, except as herein provided. <br /> 3.19.160 Clerk to make rules, Director's approval. <br /> The clerk, subject to the approval of the Director, shall, from time to time, <br /> adopt, publish and enforce rules and regulations not inconsistent with this <br /> chapter or with law, for the purpose of carrying out the provisions of this chapter <br /> and those ordinances affecting admission tax (Chapter 3.20 EMC), business and <br /> occupation tax (Chapter 3.24 EMC), business and occupation tax—utilities <br /> (Chapter 3.28 EMC)and gambling tax (Chapter 3.36 EMC). <br /> 3.19.170 Ancillary allocation authority of Director. <br /> The Director is authorized to enter into agreements with other Washington <br /> cities which impose an "eligible gross receipts tax": <br /> A. To conduct an audit or joint audit of a taxpayer by using an auditor <br /> employed by the city of Everett, another city, or a contract auditor; provided, that <br /> such contract auditor's pay is not in any way based upon the amount of tax <br /> assessed; <br /> B. To allocate or apportion the gross proceeds of sales, gross receipts, or <br /> gross income of the business, or taxes due from any person that is required to <br /> pay an eligible gross receipts tax to more than one Washington city; <br /> C. To apply the city's tax prospectively where a taxpayer has no office or <br /> place of business within the city and has paid tax on all gross income to another <br /> Washington city where the taxpayer is located; provided, that the other city <br /> maintains an eligible gross receipts tax, and the income was not derived from <br /> contracts with the city. <br /> 3.19.180 Mailing of notices. <br /> Any notice required by this chapter to be mailed to any taxpayer or licensee <br /> shall be sent by ordinary mail, addressed to the address of the taxpayer or <br /> licensee as shown by the records of the Director. Failure of the taxpayer or <br /> licensee to receive any such mailed notice shall not release the taxpayer or <br /> licensee from any tax, fee, interest, or any penalties thereon, nor shall such <br /> failure operate to extend any time limit set by the provisions of this chapter. It is <br /> the responsibility of the taxpayer to inform the Director in writing about a change <br /> in the taxpayer's address. <br /> 3.19.190 Tax declared additional. <br /> The license fee and tax herein levied shall be additional to any license fee or <br /> tax imposed or levied under any law or any other ordinance of the city of Everett <br /> except as herein otherwise expressly provided. <br /> 11 <br />
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