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FIN 2018-08-21 Item 2A - Discussion - Business and Occupation (B&O) Tax Revenue
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FIN 2018-08-21 Item 2A - Discussion - Business and Occupation (B&O) Tax Revenue
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1/14/2021 12:12:57 PM
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Council Committees
Committees Date (mm/dd/yy)
08/21/18
Committee Name
Finance 2017-2020
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Agenda Packet
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constitutional prohibition, municipalities have the power to define taxation categories as <br />they see fit in order to respond to the unique concerns and responsibilities of local <br />government. It is intended that this chapter be as uniform as possible among the various <br />municipalities and consistent with the mandatory requirements of Chapter 35.102 RCW for <br />municipalities. Uniformity with provisions of state tax laws should not be presumed, and <br />references in this chapter to statutory or administrative rule changes do not mean state tax <br />statutes or rules promulgated by the Department of Revenue automatically apply. This <br />chapter is to provide administrative specific guidelines and provisions to implement, <br />administer, and enforce the City Business and Occupation tax code. <br />.015 Application of chapter stated. The provisions of this chapter shall apply with <br />respect to the taxes imposed under chapters and under other titles, <br />chapters, and sections in such manner and to such extent as indicated in each such <br />title, chapter or section. <br />.020 Definitions. For purposes of this chapter: <br />The definitions contained in chapter (tax portion of model ordinance) shall apply <br />equally to the provisions of this chapter unless the term is defined otherwise in this <br />chapter. In addition, the following definitions will apply. <br />A. "Reporting period." "Reporting period" means: <br />1. A one -month period beginning the first day of each calendar month (monthly); <br />or <br />2. A three-month period beginning the first day of January, April, July or October <br />of each year (quarterly); or <br />3. A twelve-month period beginning the first day of January of each year <br />(annual). <br />B. "Return." "Return" means any document a person is required by the City to file <br />to satisfy or establish a tax or fee obligation that is administered or collected by <br />the City and that has a statutorily defined due date. <br />C. "Successor." "Successor" means any person to whom a taxpayer quitting, <br />selling out, exchanging, or disposing of a business sells or otherwise conveys, <br />directly or indirectly, in bulk and not in the ordinary course of the taxpayer's <br />business, any part of the materials, supplies, merchandise, inventory, fixtures, or <br />equipment of the taxpayer. Any person obligated to fulfill the terms of a contract <br />shall be deemed a successor to any contractor defaulting in the performance of <br />any contract as to which such person is a surety or guarantor. <br />D. "Tax year," "taxable year." "Tax year" or "taxable year" means the calendar <br />year. <br />.021 Definitions -- References to Chapter 82.32 RCW <br />Where provisions of Chapter 82.32 RCW are incorporated in [insert city <br />code reference to section .090] of this Title, "Department" as used in the RCW shall <br />refer to the "Director" as defined in [insert city code reference to section <br />.030 of the model ordinance — some cities may need to add definition to their .030 <br />provisions from the guidelines] and "warrant" as used in the RCW shall mean <br />"citation or criminal complaint." <br />34 Draft B&O Administrative Provisions <br />Page 2 of 16 <br />
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