TC Ord. No. 1991-07TOWN OF AVON
ORDINANCE NO. 91-7
SERIES OF 1991
COLORADO:
AN ORDINANCE AMENDING CHAPTER 3.08 (SALES TAX)
OF THE MUNICIPAL CODE OF THE TOWN OF AVON
RELATING TO STANDARDIZED DEFINITIONS,
COORDINATED AUDIT PROCEDURES, INTERCITY CLAIMS
FOR RECOVERY OF TAX, PROTEST AND APPEAL
PERIODS, NOTICES OF SALES AND USE TAX
ORDINANCE AMENDMENTS, AND PARTICIPATION IN
SIMPLIFICATION MEETINGS.
BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF AVON,
Section 1. Amendment. Section 3.08.010 (entitled
"Definitions") of Chapter 3.08 of Title 3 of the Municipal Code of
the Town of Avon is repealed and re-enacted as follows:
SECTION 3.08.010. WORDS AND PHRASES DEFINED: The following words
and phrases as used in this chapter shall have the following
meaning unless from the context is clearly appears that a different
meaning is indicated:
(A) "Access Services" means the services furnished by a local
exchange company to its customers who provide telecommunications
services which allow them to provide such telecommunications
services.
(B) "Auction" means any sale where tangible personal property is
sold by an auctioneer who is either the agent for the owner of such
property or is in fact the owner thereof.
(C) "Automotive Vehicle" means any vehicle or device in, upon, or
by which any person or property is or may be transported or drawn
upon a public highway, or any device used or designed for aviation
or flight in the air. Automotive vehicle includes, but is not
limited to, motor vehicles, trailers, semi-trailers, or mobile
homes. Automotive vehicle shall not include devices moved by human
power or used exclusively upon stationary rails or tracks.
(D) "Business" means all activities engaged in or caused to be
engaged in with the object of gain, benefit, or advantage, direct
or indirect.
(E) "Charitable Organization" means any entity which: (i) has
been certified as a not-for-profit organization under Section
501(c)(3) of the internal revenue code, and (ii) is a religious or
charitable organization. As used in this definition, a "charitable
organization" is an organization which exclusively, and in a manner
consistent with existing laws and for the benefit of an indefinite
number of persons, freely and voluntarily ministers to the
physical, mental or spiritual needs of persons, and which thereby
lessens the burdens of government.
(F) "City" or "Town" means the municipality of Avon.
(G) "Construction Materials" means tangible personal property
which, when combined with other tangible personal property, loses
its identity to become an integral and inseparable part of a
completed structure or project including public and private
improvements. Construction materials include, but are not limited
to, such things as: asphalt, bricks, builders' hardware, caulking
material, cement, concrete, conduit, electric wiring, and
connections, fireplace inserts, electrical heating and cooling
equipment, flooring, glass, gravel, insulation, lath, lead, lime,
lumber, macadam, millwork, mortar, oil, paint, piping, pipe valves
and pipe fittings plaster, plumbing fixtures, puttyL reinforcing
mesh, road base, roofing, sand, sanitary sewer pipe, sheet metal,
site lighting, steel, stone, stucco, tile, trees, shrubs and other
landscaping materials, wall board, wall coping, wall paper, weather
stripping, wire netting and screen, water mains and meters, and
wood preserver. The above materials, when used for forms, or other
items which do not remain as an integral or inseparable part of a
completed structure or project are not construction materials.
(H) "Consumer" means (A) any individual person or (B) person
engaged in business in the City who uses, stores, distributes or
otherwise consumes in the City tangible personal property or
taxable services purchased from sources inside or outside the City.
(I) "Drugs Dispensed In Accordance With a Prescription" means
drugs dispensed in accordance with any order in writing, dated and
signed by a licensed practitioner of the healing arts, or given
orally by a practitioner, and immediately reduced to writing by the
pharmacist, assistant pharmacist, or pharmacy intern, specifying
the name and address of the person for whom the medicine, drug or
poison is offered and directions, if any, to be placed on the
label.
(J) "Engaged in Business in
providing services or selling,
installing tangible personal
consumption within the City.
includes, but is not limited
activities by a person:
the City" means performing or
leasing, renting, delivering or
property for storage, use or
Engaged in business in the city
to, any one of the following
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(1) Directly, indirectly, or by a subsidiary maintains a building,
store, office, salesroom, warehouse, or other place of business
within the taxing jurisdiction;
(2) Sends one or more employees, agents or commissioned sales
persons into the taxing jurisdiction to solicit business or to
install, assemble repair, service, or assist in the use of its
products, or for demonstration or other reasons;
(3) Maintains one or more employees, agents or commissioned sales
persons on duty at a location within the taxing jurisdiction;
(4) Owns, leases, rents or otherwise exercises control over real
or personal property within the taxing jurisdiction; or
(5) Makes more than one delivery into the taxing jurisdiction
within a twelve month period.
(K) "Exempt Commercial Packaging Materials" means containers,
labels and shipping cases sold to a person engaged in
manufacturing, compounding, wholesaling, jobbing, retailing,
packaging, distributing or bottling for sale, profit or use that
meets all of the following conditions: (i) is used by the
manufacturer, compounder, wholesaler, jobber, retailer, packager,
distributor or bottler to contain or label the finished product;
(ii) is transferred by said person along with and as a part of the
finished product to the purchaser; and (iii) is not returnable to
said person for reuse.
(L) "Farm Closeout Sale" means full and final disposition of all
tangible personal property previously used by a farmer or rancher
in farming or ranching operations which are being abandoned.
(M) "Finance Director", "Director of Finance", or "Director" means
the Finance Director of Avon or such other person designated by the
municipality; "Finance Director" shall also include such person's
designee.
(N) "Food" means: food for domestic home consumption as defined in
7 U.S.C. section 2012(g) as amended, for purposes of the federal
food stamp program as defined in 7 U.S.C. section 2012(h), as
amended, except that "food" does not include carbonated water
marketed in containers; chewing gum; seeds and plants to grow food;
prepared salads and salad bars; cold sandwiches; deli trays; and
food or drink vended by or through machines or non-coin operated
coin-collecting food and snack devices on behalf of a vendor.
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(O) "Gross sales" means the total amount received in money,
credit, property or other consideration valued in money for all
sales, leases, or rentals of tangible personal property or
services.
(P) "License" means an Avon sales and use tax license.
(Q) "Linen Services" means services involving provision and
cleaning of linens, including but not limited to rags, uniforms,
coveralls and diapers.
(R) "Lodging Services" means the furnishing of rooms or
accommodations by any person, partnership, association,
corporation, estate, representative capacity or any other
combination of individuals by whatever name known to a person who
for a consideration uses, possesses, or has the right to use or
possess any room in a hotel, inn, bed and breakfast residence
apartment hotel, lodging house, motor hotel, guesthouse, guest
ranch, trailer coach, mobile home, auto camp, or trailer court and
park, or similar establishment, for a period of less than thirty
days under any concession, permit, right of access, license to use,
or other agreement, or otherwise.
(S) "Medical Supplies" means drugs, prosthetic medical and dental
appliances, and special beds for patients with neuromuscular or
similar debilitating ailments, when sold for the direct, personal
use of a specific individual in accordance with a prescription or
other written directive issued by a licensed practitioner of
medicine, dentistry, or podiatry; corrective eyeglass lenses
(including eyeglass frames), and corrective contact lenses, when
sold for the direct, personal use of a specific individual in
accordance with a prescription or other written directive issued by
a licensed practitioner of medicine or optometry; wheelchairs, and
crutches, when sold for the direct, personal use of a specific
individual; oxygen and hemodialysis products for use by a medical
patient, hearing aids, hearing aid batteries, insulin, insulin
measuring and injecting devices, glucose to be used for treatment
of insulin reactions, and human whole blood, plasma, blood products
and derivatives. This exemption excludes items purchased for use
by medical and dental practitioners or medical facilities in
providing their services, even though certain of those items may be
packaged for single use by individual patients after which the item
would be discarded.
(T) "Mobile Machinery and Self-Propelled Construction Equipment"
means those vehicles, self-propelled or otherwise, which are not
designed primarily for the transportation of persons or cargo over
the public highways, and those motor vehicles which may have
originally been designed for the transportation of persons or cargo
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over the public highways, and those motor vehicles which may have
originally been designed for the transportation of persons or cargo
but which have been redesigned or modified by the mounting thereon
of special equipment or machinery, and which may be only
incidentally operated or moved over the public highways. This
definition includes but is not limited to wheeled vehicles commonly
used in the construction, maintenance, and repair of roadways, the
drilling of wells, and the digging of ditches.
(U) "Newspaper" means a publication, printed on newsprint,
intended for general circulation, and published regularly at short
intervals, containing information and editorials on current events
and news of general interest. The term newspaper does not include:
magazines, trade publications or journals, credit bulletins,
advertising inserts, circulares, directories, maps, racing
programs, reprints, newspaper clipping and mailing services or
listings, publications that include an updating or revision
service, or books or pocket editions of books.
(V) "Pay Television" shall include, but not be limited to, cable,
microwave or other television service for which a charge is
imposed.
(W) "Person" means any individual, firm, partnership, joint
venture, corporation, estate or trust, receiver, trustee, assignee,
lessee or any person acting in a fiduciary or representative
capacity, whether appointed by court or otherwise, or any group or
combination acting as a unit.
(X) "Preprinted Newspaper Supplements" shall mean inserts,
attachments or supplements circulated in newspapers that: (1) are
primarily devoted to advertising; and (2) the distribution,
insertion, or attachment of which is commonly paid for by the
advertiser.
(Y) "Prescription Drugs for Animals" means drugs dispensed in
accordance with any order in writing, dated and signed by a
practitioner, or given orally by a practitioner, specifying the
animal for which the medicine or drug is offered and directions, if
any, to be placed on the label.
(Z) "Price" or "Purchase Price" means the price to the consumer,
exclusive of any direct tax imposed by the federal government or by
this article, and, in the case of all retail sales involving the
exchange of property, also exclusive of the fair market value of
the property exchanged at the same time and place of the exchange,
if:
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(1) Such exchanged property is to be sold thereafter in the usual
course of the retailer's business, or
(2) Such exchanged property is a vehicle and is exchanged for
another vehicle and both vehicles are subject to licensing,
registration, or certification under the laws of this state,
including, but not limited to, vehicles operating upon public
highways, off-highway recreation vehicles, watercraft, and
aircraft. Any money or other consideration paid over and above the
value of the exchanged property is subject to tax.
"Price" or "Purchase Price" includes:
(1) The amount of money received or due in cash and credits.
(2) Property at fair market value taken in exchange but not for
resale in the usual course of the retailer's business.
(3) Any consideration valued in money, such as trading stamps or
coupons whereby the manufacturer or someone else reimburses the
retailer for part of the purchase price and other media of
exchange.
(4) The total price charged on credit sales including finance
charges which are not separately stated. An amount charged as
interest on the unpaid balance of the purchase price is not part of
the purchase price unless the amount added to the purchase price is
included in the principal amount of a promissory note; except the
interest or carrying charge set out separately from the unpaid
balance of the purchase price on the face of the note is not part
of the purchase price. An amount charged for insurance on the
property sold and separately stated is not part of the purchase
price.
(5) Installation, delivery and wheeling-in charges included in the
purchase price and not separately stated.
(6) Transportation and other charges to effect delivery of
tangible personal property to the purchaser.
(7) Indirect federal manufacturers' excise taxes, such as taxes on
automobiles, tires and floor stock.
(8) The gross purchase price of articles sold after manufacturing
or after having been made to order, including the gross value of
all the materials used, labor and service performed and the profit
thereon.
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"Price" or "Purchase Price" shall not include:
(1) Any sales or use tax imposed by the State of Colorado or by
any political subdivision thereof.
(2) The fair market value of property exchanged if such property
is to be sold thereafter in the retailers usual course of business.
This is not limited to exchanges in Colorado. Out of state trade-
in's are an allowable adjustment to the purchase price.
(3) Discounts from the original price if such discount and the
corresponding decrease in sales tax due is actually passed on to
the purchaser. An anticipated discount to be allowed for payment
on or before a given date is not an allowable adjustment to the
price in reporting gross sales.
(AA) "Private Communications Services" means telecommunications
services furnished to a subscriber, which entitles the subscriber
to exclusive or priority use of any communication channel or groups
of channels, or to the exclusive or priority use of any interstate
inter-communications system for the subscriber's stations.
(BB) "Prosthetic Devices" means any artificial limb, part, device
or appliance for human use which aids or replaces a bodily
function; is designed, manufactured, altered or adjusted to fit a
particular individual; and is prescribed by a licensed practitioner
of the healing arts. Prosthetic devices include but are not
limited to prescribed auditory, ophthalmic or ocular, cardiac,
dental, therapeutic, or orthopedic devices or appliances, oxygen
concentrators and oxygen with related accessories.
(CC) "Purchase" or "Sale" means the acquisition for any
consideration by any person of tangible personal property or
taxable services that are purchased, leased, rented, sold, used,
stored, distributed, or consumed, but excludes a bona fide gift of
property or services. These terms include capital leases,
installment and credit sales, and property and services acquired
by:
(1) Transfer, either conditionally or absolutely, of title or
possession or both to tangible personal property;
(2) A lease, lease-purchase agreement, rental or grant of a
license, including royalty agreements, to use tangible personal
property or taxable services. The utilization of coin operated
devices, except coin-operated telephones, which do not vend
articles of tangible personal property shall be considered short
term rentals of tangible personal property;
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(3) Performance of taxable services; or
(4) Barter or exchange for other property or services including
coupons.
The terms "purchase" and "sale" do not include:
(1) A division of partnership assets among the partners according
to their interests in the partnership;
(2) The formation of a corporation by the owners of a business and
the transfer of their business assets to the corporation in
exchange for all the corporation's outstanding stock, except
qualifying shares, in proportion to the assets contributed;
(3) The transfer of assets of shareholders in the formation or
dissolution of professional corporations;
(4) The dissolution and the pro rata distribution of the
corporation's assets to its stockholders;
(5) A transfer of a partnership interest;
(6) The transfer in a reorganization qualifying under section
368(a)(1) of the "Internal Revenue Code of 1954", as amended;
(7) The formation of a partnership by the transfer of assets to
the partnership or transfers to a partnership in exchange for
proportionate interests in the partnership;
(8) The repossession of personal property by a chattel mortgage
holder or foreclosure by a lienholder;
(9) The transfer of assets from a parent corporation to a
subsidiary corporation or corporations which are owned at least
eighty percent by the parent corporation, which transfer is solely
in exchange for stock or securities of the subsidiary corporation;
(10) The transfer of assets from a subsidiary corporation or
corporations which are owned at least eighty percent by the parent
corporation to a parent corporation or to another subsidiary which
is owned at least eighty percent by the parent corporation, which
transfer is solely in exchange for stock or securities of the
parent corporation or the subsidiary which received the assets;
(11) The transfer of assets between parent and closely held
subsidiary corporations, or between subsidiary corporations closely
held by the same parent corporation, or between corporations which
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are owned by the same shareholders in identical percentage of stock
ownership amounts, computed on a share-by-share basis, when a tax
imposed by this article was paid by the transferor corporation at
the time it acquired such assets, except to the extent that there
is an increase in the fair market value of such assets resulting
from the manufacturing, fabricating, or physical changing of the
assets by the transferor corporation. To such an extent any
transfer referred to in this paragraph (11) shall constitute a
sale. For the purposes of this paragraph (11), a closely held
subsidiary corporation is one in which the parent corporation owns
stock possessing at least eighty percent of the total combined
voting power of all classes of stock entitled to vote and owns at
least eighty percent of the total number of shares of all other
classes of stock.
(DD) "Recreation Services" means all services relating to athletic
or entertainment participation events including but not limited to
pool, golf, billiards, skating, tennis, bowling, health/athletic
club memberships, coin operated amusement devices, video games and
video club memberships.
(EE) "Retail Sales" means all sales except wholesale sales.
(FF) "Retailer" means any person selling, leasing or renting
tangible personal property or services at retail. Retailer shall
include any:
(1) Auctioneer;
(2) Salesperson, representative, peddler or canvasser, who makes
sales as a direct or indirect agent of or obtains such property or
services sold from a dealer, distributor, supervisor or employer;
(3) Charitable organization or governmental entity which makes
sales of tangible personal property to the public, notwithstanding
the fact that the merchandise sold may have been acquired by gift
or donation or that the proceeds are to be used for charitable or
governmental purposes.
(GG) "Return" means the sales and use tax reporting form used to
report sales and use tax.
(HH) "Sales Tax" means the tax to be collected and remitted by a
retailer on sales taxed under this Code.
(II) "Security System Services" means electronic security system
services. Such term does not include non-electronic security
services such as consulting or human or guard dog patrol services.
(JJ) "Sound System Services" means sound system services involving
provision of broadcast or pre-recorded audio programming to a
building or portion thereof. Such term does not include
installation of sound systems where the entire system becomes the
property of the building owner or the sound system service is for
presentation of live performances.
(KK) "Tangible Personal Property" means corporeal personal
property. The term shall not, however, include newspapers as
defined by Section 24-70-102, Colorado Revised Statutes, 1973.
(LL) "Tax" means the use tax due from a consumer or the sales tax
due from a retailer or the sum of both due from a retailer who also
consumes.
(MM) "Tax Deficiency" means any amount of tax that is not reported
or not paid on or before the due date.
(NN) "Taxable Sales" means gross sales less any exemptions and
deductions specified in this Code.
(00) "Taxable Services" means services subject to tax pursuant to
this Code.
(PP) "Taxpayer" means any person obligated to collect and/or pay
tax under the terms of this Code.
(QQ) "Telecomm unications Service" means the transmission of any
two-way interactive electromagnetic communications including but
not limited to voice, image, data and any other information, by the
use of any means but not limited to wire, cable, fiber optical
cable, microwave, radio wave or any combinations of such media.
"Telecommunications service" includes but is not limited to basic
local exchange telephone service, toll telephone service and
teletypewriter service, including but not limited to residential
and business service, directory assistance, cellular mobile
telephone or telecommunication service, specialized mobile radio
and two-way pagers and paging service, including any form of mobile
two-way communication. "Telecommunications service" does not
include separately stated non transmission services which
constitute computer processing applications used to act on the
information to be transmitted.
(RR) "Therapeutic Device" means devices, appliances, or related
accessories that are sold to correct or treat a human physical
disability or surgically created abnormality; if such device,
appliance or related accessory has a retail value of more than one
hundred dollars, it must be sold in accordance with a written
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recommendation from a licensed doctor to qualify as a "Therapeutic
Device" for purposes of this code.
(SS) "Total Tax Liability" means the total of all tax, penalties or
interest owed by a taxpayer and shall include sales tax collected
in excess of such tax computed on total sales.
(TT) "Use Tax" means the tax paid or required to be paid by a
consumer for using, storing, distributing or otherwise consuming
tangible personal property or taxable services inside the City.
(UU) "WATS/800 Service" means any outbound or inbound interstate
wide area telecommunications service or other similar service which
entitles the subscriber, upon payment of a periodic charge, based
upon a flat amount and/or usage, to make or receive a large volume
of telephonic communications to or from persons having telephone or
radio telephone stations in specified areas which are outside the
telephone system area in which the subscriber's station is located.
(W) "Wholesale Sales" means sales to licensed retailers, jobbers,
dealers or wholesalers for resale. Sales by wholesalers to
consumers are not wholesale sales. Sales by wholesalers to non-
licensed retailers are not wholesale sales.
(WW) "Wholesaler" means any person selling to retailers, jobbers,
dealers, or other wholesalers, for resale, and not for storage,use,
consumption, or distribution.
Section 2. Amendment. Subsection 3.08.030 B is repealed
and re-enacted by the following:
Subsection 3.08.030
B. In addition to the tax levied by subsection A hereof, there
is also levied a tax, based upon rental fee, price or other
consideration paid or received therefor, upon lodging services.
Said tax shall be levied irrespective of the location from which
the reservation for said lodging, rental or lease is actually made.
The tax levied shall be based on the same schedule as is set forth
in subsection A hereof, and the person, partnership, corporation or
other entity making such rooms available shall, for all purposes of
this chapter, be deemed to be a "retailer" as defined in Section
3.08.010.
Section 3. Amendment. Subsection 3.08.040 D is repealed
and reenacted by the following:
Subsection 3.08.040
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D.
(1) Medical Supplies;
(2) Prosthetic Devices;
(3) Theraputic Devices.
Section 4. Amendment. A new Subsection 3.08.040 H is
added as follows:
Subsection 3.08.040
H. Exempt Commercial Packaging Materials.
Section 5. Amendment. A new Section 3.08.180 (entitled
"Coordinated Audit Procedures") is added as follows:
Section 3.08.180. Coordinated Audit Procedures.
(A) Any taxpayer licensed in this City pursuant to Section
3.08.080, and holding a similar sales tax license in at least four
other Colorado municipalities that administer their own sales tax
collection, may request a coordinated audit as provided herein.
(B) Within 14 days of receipt of notice of an intended audit by
any municipality that administers its own sales tax collection, the
taxpayer may provide to the finance director of this City, by
certified mail, return receipt requested, a written request for a
coordinated audit indicating the municipality from which the notice
of intended audit was received and the name of the official who
issued such notice. Such request shall include a list of those
Colorado municipalities utilizing local collection of their sales
tax in which the taxpayer holds a current sales tax license and a
declaration that the taxpayer will sign a waiver of any passage-of-
time based limitation upon this City's right to recover tax owed by
the vendor for the audit period.
(C) Except as provided in paragraph (G), any taxpayer that submits
a complete request for a coordinated audit and promptly signs a
waiver of any passage-of-time based limitation upon the City's
right to recover taxes owed for the proposed audit period may be
audited by this City during the twelve months after such request is
submitted only through a coordinated audit involving all
municipalities electing to participate in such an audit.
(D) If THIS the City desires to participate in the audit of a
taxpayer that submits a complete request for a coordinated audit
pursuant to paragraph (c) , the finance director shall so notify the
finance director of the municipality whose notice of audit prompted
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the taxpayer's request within ten days after receipt of the
taxpayer's request for a coordinated audit. The finance director
shall then cooperate with other participating municipalities in the
development of arrangements for the coordinated audit, including
arrangement of the time during which the coordinated audit will be
conducted, the period of time to be covered by the audit, and a
coordinated notice to the taxpayer of those records most likely to
be required for completion of the coordinated audit.
(E) If the taxpayer's request for a coordinated audit was in
response to a notice of audit issued by this City, this City's
finance director shall facilitate arrangements between this City
and other municipalities participating in the coordinated audit
unless and until an official from some other participating
municipality agrees to assume this responsibility. The finance
director shall cooperate with other participating municipalities
to, whenever practicable, minimize the number of auditors that will
be present on the taxpayer's premises to conduct the coordinated
audit on behalf of the participating municipalities. information
obtained by or on behalf of those municipalities participating in
the coordinated audit may be shared only among such participating
municipalities.
(F) If the taxpayer's request for a coordinated audit was in
response to a notice of audit issued by this City, this City's
finance director shall, once arrangements for the coordinated audit
between the City and other participating municipalities are
completed, provide written notice to the taxpayer of which
municipalities will be participating, the period to be audited and
the records most likely to be required by participating
municipalities for completion of the coordinated audit. The
finance director shall also propose a schedule for the coordinated
audit.
(G) The coordinated audit procedure set forth in this section
shall not apply:
(i) When the proposed audit is a jeopardy audit,
(ii) To audits for which a notice of audit was given prior to
the effective date of this section,
(iii) When a taxpayer refuses to promptly sign a waiver of any
ordinance that could limit, based upon passage of time, the
city's right to recover for a portion of the audit period, or,
(iv) When a taxpayer fails to provide a timely and complete
request for a coordinated audit as provided in Paragraph (B) .
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Section 6. Amendment. A new Section 3.08.321 (entitled
"Intercity Claims for Recovery") is added as follows:
Section 3.08.321. Intercity Claims For Recovery. The intent
of this section is to streamline and standardize procedures related
to situations where tax has been remitted to the incorrect
municipality. It is not intended to reduce or eliminate the
responsibilities of the taxpayer or vendor to correctly pay,
collect, and remit sales and use taxes to the City.
(A) As used herein, "Claim for Recovery" means a claim for
reimbursement of sales and use taxes paid to the wrong taxing
jurisdiction.
(B) When it is determined by the Director of Finance of the City
that sales and use tax owed to the City has been reported and paid
to another municipality, the City shall promptly notify the vendor
that taxes are being improperly collected and remitted, and that as
of the date of the notice the vendor must cease improper tax
collections and remittances.
(C) The City may make a written Claim for Recovery directly to the
municipality that received tax and/or penalty and interest owed to
the City, or, in the alternative, may institute procedures for
collection of the tax from the taxpayer or vendor. The decision to
make a Claim for a Recovery lies in the sole discretion of the
City. Any Claim for Recovery shall include a properly executed
release of claim from the taxpayer and/or vendor releasing its
claim to the taxes paid to the wrong municipality, evidence to
substantiate the Claim, and a request that the municipality approve
or deny in whole or in part, the claim within ninety (90) days of
its receipt. The municipality to which the City submits a Claim
for Recovery may, for good cause, request an extension of time to
investigate the Claim, and approval of such extension by the City
shall not be unreasonably withheld.
(D) Within ninety (90) days after receipt of a Claim for Recovery,
the City shall verify to its satisfaction whether or not all or a
portion of the tax claimed was improperly received, and shall
notify the municipality submitting the Claim in writing that the
Claim is either approved or denied in whole or in part, including
the reasons for the decision. If the Claim is approved in whole or
in part, the City shall remit the undisputed amount to the
municipality submitting the Claim within thirty (30) days of
approval. If a Claim is submitted jointly by a municipality and a
vendor or taxpayer, the check shall be made to the parties jointly.
Denial of a Claim for Recovery may only be made for good cause.
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(E) The City may deny a Claim on the grounds that it has
previously paid a Claim for Recovery arising out of an audit of the
same taxpayer.
(F) The period subject to a Claim for Recovery shall be limited to
the thirty-six (36) month period prior to the date the municipality
that was wrongly paid the tax receives the Claim for Recovery.
Section 7. Amendment. Subsection 3.08.130 D regarding
notice of appeal is amended to read as follows:
Subsection 3.08.130
D. An appeal of a notice of assessment, or demand issued to a
vendor or taxpayer for failure to file a return, underpayment of
tax owed or as a result of an audit shall be submitted in writing
to the finance director within twenty calendar days from the date
of the notice of assessment or demand. Any such appeal shall
identify the amount of tax disputed and the basis for the appeal.
Section 8. Amendment. A new Subsection 3. 08.390 "d, is
added as follows: H
Subsection 3.08.390
tk 43 An appeal of a final decision of the finance director in a
hearing held pursuant to this Section shall be commenced within 30
days of such decision.
Section 9. Amendment. Subsection 3.08.250 A 3. regarding
refund procedures is hereby amended to read as follows:
Subsection 3.08.250
A 3. Hearing. An aggrieved applicant may, within twenty (20)
days after such decision is mailed to him, petition the Director
for a hearing on the claim. Such petition shall be in writing and
shall identify the amount of the refund requested and the basis for
the request. The Director shall, upon due notice to the applicant,
hold a hearing upon such petition, taking such information or
evidence as may be material, and shall thereafter render his final
decision upon such application, which decision shall be final.
Section 10. Amendment. A new Subsection 3.08.250 C is
added as follows:
Subsection 3.08.250
15
C. An appeal of a final decision of the finance director in a
hearing held pursuant to this Section shall be commenced within 30
days of such decision.
Section 11. Notice of Sales and Use Tax Ordinance
Amendment.
(A) In order to initiate a central register of sales and use tax
ordinances for municipalities that administer local sales tax
collection, the Finance Director of the City shall file with the
Colorado Municipal League prior to the effective date of this
Ordinance a copy of the City sales and use tax ordinance reflecting
all provisions in effect on the effective date of this ordinance.
(B) In order to keep current the central register of sales and use
tax ordinances for municipalities that administer local sales tax
collection, the Finance Director of the City shall file with the
Colorado Municipal League prior to the effective date of any
amendment a copy of each sales and use tax ordinance amendment
enacted by the City.
(C) Failure of the City to file such ordinance or ordinance
amendment pursuant to the section shall not invalidate any
provision of the sales and use tax ordinance or any amendment
thereto.
Section 12. Participation in Simplification Meetings.
The Finance Director shall cooperate with and participate on an as
needed basis with a permanent statewide sales and use tax committee
convened by the Colorado Municipal League which is composed of
state and municipal sales and use tax officials and business
officials. Said committee will meet for the purpose of discussing
and seeking resolution to sales and use tax problems which may
arise.
Section 13. Severability. If any part, section,
sentence, clause or phrase of this Ordinance is for any reason held
to be invalid, such decision shall not affect the validity of the
remaining portions of this Ordinance; and the Town Council for the
Town of Avon hereby declares it would have passed this Ordinance
and each part, section, sub-section, sentence, clause or phrase
thereof, irrespective of the fact that any one or more parts,
sections, sub-sections, sentences, clauses or phrases be declared
invalid.
Section 14. Savings Clause. Nothing in this Ordinance
shall be construed to affect any right, duty, or liability under
16
any ordinance in effect prior to the effective date of this
ordinance, and the same shall be continued and concluded under such
prior ordinances.
Section 15. Effective Date. This Ordinance shall take
effect January 1, 1992, and shall apply to transactions consummated
on or after said date.
INTRODUCED, PASSED ON FIRST READING, APPROVED AND ORDERED
this 26th day of November , 1991 and a public hearing
ordinance shall be held at the regular meeting of the Town
of the Town of Avon, Colorado on the 10th day of December
at 7:30 P.M. in the Municipal Building of the Town of Avon,
Colorado.
Mayo
Attest:
Town Cler
INTRODUCED, PASSED ON COND READING, APPROVED AND ORDERED POSTED
this k~ f1-, day of ~~M 1991.
Mayor
Attest
Town Cler
POSTED,
on this
Council
1991
17
STATE OF COLORADO )
COUNTY OF EAGLE ) SS
TOWN OF AVON )
NOTICE IS HEREBY GIVEN OF A PUBLIC HEARING BEFORE THE TOWN
COUNCIL OF THE TOWN OF AVON, COLORADO, AT 7:30 P.M. ON THE
10TH DAY OF DECEMBER, 1991, AT THE TOWN HALL FOR THE PURPOSE
OF CONSIDERING THE ADOPTION OF ORDINANCE NO. 91-7, SERIES OF
1991:
AN ORDINANCE AMENDING CHAPTER 3.08 (SALES TAX) OF THE
MUNICIPAL CODE OF THE TOWN OF AVON RELATING TO STANDARDIZED
DEFINITIONS, COORDINATED AUDIT PROCEDURES, INTERCITY CLAIMS
FOR RECOVERY OF TAX, PROTEST AND APPEAL PERIODS, NOTICES OF
SALES AND USE TAX ORDINANCE AMENDMENTS, AND PARTICIPATION IN
SIMPLIFICATION MEETINGS.
A copy of said Ordinance is attached hereto, and is also on
file at the office of the Town Clerk, and may be inspected
during regular business hours.
Following this hearing the Council may consider final passage
of this Ordinance.
This notice is given and posted by order of the Town Council
of the Town of Avon, Colorado.
Dated this 26th day of November, 1991.
TOWN OF AVON, COLORADO
BY
Patty Ne hart
Town Clerk
POSTED AT THE FOLLOWING PUBLIC PLACES WITHIN THE TOWN OF AVON
ON NOVEMBER 27, 1991:
THE AVON POST OFFICE IN THE MAIN LOBBY
THE CITY MARKET IN THE MAIN LOBBY
THE COASTAL MART, INC.; AND
THE AVON MUNICIPAL BUILDING IN THE MAIN LOBBY