HB 2351 BPOL uniform ordinance.
David G. Brickley | all patrons    ...    notes
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BPOL uniform ordinance. Provides a uniform ordinance for the business, professional and occupational license tax to be used by local governments. The bill includes the following:

1. Mandatory administrative appeals procedures established for first time, including (i) initial appeal to local assessing official, (ii) subsequent appeal to Tax Commissioner, and (iii) collection stayed while appeals pending.

2. Penalty and interest rules changed as follows: (i) interest must be paid on all refunds at the same rate charged on assessments, (ii) treats interest as a charge for the use of funds, regardless of fault and (iii) rules for waiving penalty are standardized and liberalized.

3. Threshold of $100,000 in gross receipts before any tax paid; every licensed business pays a $50 filing fee.

4. Rules established for determining the situs of gross receipts for businesses that have multiple offices, including (i) apportionment provided when data does not permit rules to be applied, (ii) double taxation of receipts prevented by, (iii) agreements between localities, (iv) appeal to the Tax Commissioner, and (v) authority for temporary court action to prevent multiple payments while it determines which assessment is correct.

5. Uniform March 1 due date for license applications shall be effective no later than 2001.

6. Taxpayers and assessing official may extend the time for assessment which (i) prevents estimated assessments because period about to expire; (ii) reduces appeals and corrections of estimates; and (iii) is similar to authority for taxes administered by Department of Taxation.

7. Exclusions from gross receipts are set out -- most are examples of receipts not deemed to be from the exercise of a license privilege, but one new deduction is added: (i) sales and other taxes collected from customers, (ii) previously taxed receipts; e.g., factoring accounts receivable, (iii) returns and allowances, (iv) loan proceeds, (v) returns of principal, (vi) rebates and discounts by the seller (not manufacturer's coupons), (vii) withdrawals from inventory and occasional sales, (viii) investment income, and (ix) new deduction for receipts subject to income tax in another state even though there may be no definite place of business in the other state.

Full text:
01/23/95  House: Presented & ordered printed LD9724136  pdf

01/23/95  House: Presented & ordered printed LD9724136
01/23/95  House: Referred to Committee on Finance
01/26/95  House: Assigned to Finance sub-committee: 1
02/08/95  House: No action taken by Finance by voice vote