12-5303. Same; collection; records; returns; administrative fee; rate fixed annually; audit of supplier.
12-5303
12-5303. Same; collection; records; returns; administrative fee; rate
fixed annually; audit of supplier.
(a) Any tax imposed under authority of this act and the amounts required
to be collected are due quarterly. The amount of tax collected
in one calendar quarter by the service supplier shall be remitted to the
governing body no later than sixty days after the close of a calendar quarter.
On or before the sixtieth day of each calendar quarter following, a return
for the preceding quarter shall be filed with the governing body in such
form as the governing body and service supplier shall agree. The service
supplier required to file the return shall deliver the return together with
a remittance of the amount of the tax payable
to the office of the governing body. The service supplier shall maintain
records of the amount of any tax collected pursuant to action in accord
with this act. Such records shall be maintained for a period of one year
from the time the tax is collected.
(b) From every remittance to the governing body made on or before the
date when the same becomes due, the service supplier required to remit the
same shall be entitled to deduct and retain, as an administrative fee, an
amount equal to two percent (2%) thereof.
(c) At least once each calendar year, the governing body shall establish
a tax rate, not to exceed the amount authorized, that together with any
surplus revenues carried forward will produce sufficient revenues to fund
the expenditures authorized by this act. Amounts collected in excess of
that necessary within a given year shall be carried forward to subsequent
years. The governing body shall make its determination of such tax rate
each year no later than September 1 and shall fix the new rate to take effect
commencing with the first billing period of each customer on or following
the next January 1. Immediately upon making its determination and fixing
the rate, the governing body shall publish in
its minutes the new rate, and it shall notify by registered mail every service
supplier at least ninety (90) days before such new rate will become effective.
The governing body may at its own expense require an annual audit of the
service supplier's books and records concerning the collection and remittance
of the tax authorized by this act.
History: L. 1980, ch. 179, § 3; July 1.