HomeMy Public PortalAbout1988_01_27_O003.e~sBurg in ~'rginia
ORDINANCE NO.
AN ORDINANCE:
PRESENTED January 27, 1988
88-0-3 ADOPTED January 27, 1988
AMENDING SECTIONS 17-29(a), 17-30, 17-31 AND 17-36 OF THE
TOWN CODE
WHEREAS, the Leesburg Town Council has found that it is in the public
interest to change the business license year from a fiscal year basis to
a calendar year basis and to increase the late payment penalty interest to
ten percent:
THEREFORE, ORDAINED by the Council of the Town of Leesburg as follows:
SECTION I. Section 17-29 of the Town Code is amended to read as follows:
Sec. 17-29(a). Estimate of gross receipts or expenditures for beginners.
(a) Every person beginning a business, profession, trade
or occupation, which is subject to a license tax based in whole
or in part on gross receipts or gross expenditures, shall estimate
the amount of gross receipts that will be received ~r-%~ro~-~wp~i-
-~J~-3~ from the date of the be~innin~ of business through
the end of the current calendar year (December 31).
(b) Whenever a license tax is computed on the estimated gross
receipts or gross expenditures, any erroneous estimate shall
be subject to correction and the municipal treasurer shall assess
such person after the end of that license year with any additional
license tax determined to be due. Also, he shall, at the same
time, correct the estimate for the then current year until
a full year of operation shall have been completed. In case of
an overestimation, the taxpayer shall be entitled to a refund
of the amount of tax in excess of his assessed liability. The
refund shall be computed according to the formula set forth
in Section 17-46.
SECTION II. Section 17-30 of the Town Code is amended to read as follows:
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ORDINANCE - AMENDING SECTIONS 17-29(a), 17-30, 17-31 AND 17-36 OF THE TOWN
CODE
Sec. 17-30. When tax due and payable.
Ail license taxes imposed by this article, except as herein otherwise
provided, shall become due and payable on or before J~y-~ ~pril
15 of each license tax year ~J~y-~-~e-J~e-~Q-e~-each-~¢a~-yea~
(January 1 to December 31). In all cases where the person shall
begin a business, profession, trade or occupation upon which a license
tax is imposed under this article after J~y-~ January 1 of a license
tax year, such license shall be obtained prior to commencement of
such business, profession, trade or occupation and payment of the
appropriate license tax shall be made within thirty (30) days of
the time such person commences such activity.
SECTION III. Section 17-31 of the Town Code is amended to read as follows:
Sec. 17-31. Penalty and interest for late payment of tax.
(a) If any person fails to pay a license tax when the same
is due and payable, he shall be subject to a penalty of ten (10)
percent of the amount of the license tax which was due and payable
at the beginning of the period when such tax should have been paid,
in addition to the license tax imposed by this article. Such penalty
shall be assessed with the license tax and shall become a part of
the license tax, but such penalty shall in no case be less than
two dollars ($2.00). Interest at the rate of e~g~-~8~ ten (10)
percent per annum, from the ~ fifteenth day of A~g~s~ Maz of
the license year, upon the license tax, plus penalties, shall be
collected and accounted for by the municipal treasurer.
(b) The payment of any penalty or interest under this section
shall not relieve any person from prosecution for engaging in any
business, occupation, trade, profession or calling without a license,
in violation of Section 17-23.
SECTION IV. Section 17-36 of the Town Code is amended as follows:
Sec. 17-36. Assessment of additional tax.
Whenever the municipal treasurer shall ascertain that any person
shall be assessed with any additional license tax pursuant to the provisions
of this article, it shall be his duty to assess such person, in writing,
by registered or certified mail, return receipt requested, with such
additional license tax as may be due. If such additional assessment
shall be paid within thirty (30) days from the date such person shall
have received notice of the additional assessment, no penalty shall
accrue. If such additional assessment shall not be paid within such
thirty (30) days, interest at the rate of e~g~-~8~ ten (10) percent
per annum shall accrue thereon, from the date of the additional assessment
until the time of payment.
-3-
ORDINANCE - AMENDING SECTIONS 17-29(a), 17-30, 17-31 AND 17-36 OF THE TOWN
CODE
SECTION V. This ordinance shall be effective January 1, 1988.
PASSED this 27th day of January
, 1988,,
Robert E. 'Sevfl~, }4ay~r
Town of Leesburg
ATTEST:
Clerk of~uncil