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HomeMy WebLinkAbout1987-12-15 - RESOLUTIONS - SALES USE TAXES (2)CITY OF SANTA CLARITA RESOLUTION NO. 87-16 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA CLARITA, AUTHORIZING EXECUTION OF AN AGREEMENT WITH THE STATE BOARD OF EQUALIZATION REGARDING SALES AND USE TAXES THE CITY COUNCIL OF THE CITY OF SANTA CLARITA DOES HEREBY RESOLVE AS FOLLOWS: Section 1. The Mayor of the City of Santa Clarita is hereby authorized to execute, for and in behalf of the City of Santa Clarita, an agreement with the State Board of Equalization providing for all functions incident to the administration and operation of the Uniform Local Sales and Use Tax Ordinance of the City of Santa Clarita. A true and correct copy of said agreement is attached hereto, reference to which is hereby made. PASSED, APPROVED, AND ADOPTED this 15th day of December , 1987. ATTEST: CITY CLERK /'� a MAYOR ... City of SANTA LARTTA AGREEMENT FOR STATE ADMINISTRATION OF LOCAL SALES AND USE TAXES To carry out Part 1.5 of Division 2 of the Revenue and Taxation Code and the sales and use tax ordinance of the City hereinabove designated, hereinafter called the City, copy of which r^ ordinance is attached hereto, the City and the State Board of Equalization. hereinafter called the Board, do agree as follows: ARTICLE I DEFINITIONS Unless the context requires otherwise, wherever the following terms appear in this Agreement they shall be interpreted co mean the following: 1. "Local Taxes" shall mean the sales and use taxes, penalties, and interest imposed by the City under an ordinance which complies with Part 1.5, Division 2, of the Revenue and Taxation Code. 2. "Conforming Taxing Jurisdiction" shall mean any county, city, or city and county of this Scare which has adopted a sales and use cax ordinance of the kind described in Part 1.5 of Division 2 of the Revenue and Taxation Code and which has entered into a contract with the State Board of Equalization to perform all functions incident to the administration and operation of the ordinance. 3. "City Ordinance" shall mean the Uniform City Sales and Use Tax Ordinance attached hereto, as amended from time to time. ARTICLE Il ADMINISTRATION AND COLLECTION OF LOCAL TAXES A. Administration. The Board and the City agree that the Board shall perform ex- clusively all functions incident to the administration and operation of the City ordinance. B. Other applicable laws. The City agrees that all provisions of law applicable to the administration and operation of the Scare Sales and Use Tax Law shall be applicable to rhe administration and operation of the City ordinance and that money collected pursuant co the Cicy ordinance may be deposited in the State Treasury to the credit of the Retail Sales Tax Fund and may be drawn from that Fund for the purpose of making refunds, for the purpose of compensating 10, and reimbursing the Board pursuant co Article 1V of chis Agreement and for the purpose of trans - mitring to the City the amount to which the City is entitled. C. Transmittal of money. Except as otherwise provided herein,all local taxes collected under the provisions of the City ordinance shall be transmitted to the Cicy periodically as promptly as feasible. Such cransmirtals shall be made at least twice in each calendar quarter Transmictals may be made by mail or by deposit to the account of the Cicy in a bank in Sacra- mento designated by the Cicy. A scacement shall be furnished indicating the amount withheld pursuant to Article IV of this agreement. D. Rules. The Board shall prescribe and adopt such rules and regulations as :n its judgment are necessary or desirable for the administration and operation of the City ordinance and the distribution of the local taxes collected thereunder. ST -527 REV 5 (11.74) , E. Preference. L ss the payor instructs otherwise and :epi as otherwise provided-' " in this Agreement, the Board shall give no preference in applying money received for sales and use taxes owed by a taxpayer but shall apply all monies collected to the satisfaction of the claims of the State and the claims of the City as their interests appear. F. Security. The Board agrees that any security which it hereafter requires to be fur- nished under the Scare Sales and Use Tax Law will be upon such terms char it also will be available for the payment of the claims of the City for local taxes owing to it as its interest appears. The Board shall not be required co change the terms of any security now held by it and the City shall not participate in any security now held by the Board. G. lames of sellers. The Board agrees to furnish the names, addresses• account num- bers. and rhe business classification codes of all sellers holding sellers' permits within the City. H. Records of the Board. When requested by resolution of the City Council of the City, the Board shall permit any duly authorized officer or employee of the City to examine the sales and use tax records of the Board pertaining to sales and use taxes collected for the City by the Board pursuant to this Agreement. Information obtained by the City from the examination of the Board's records shall be used by the City only for purposes related to the collection of local sales and use taxes by the Board pursuant to chis Agreement. 1. City tax rate. The City agrees that any change in the race of its conforming local sales and use tax will be made effective at rhe beginning of a calendar quarter and that it will give the Board at least two months' notice thereot and chat it will also give notice to the Board of Supervisors of the County in which the City lies. J. Annexation. The City agrees chat the Board shall not be required co give effect to an annexation, for the purpose of collecting and distributing city sales and use taxes, earlier than the first day of the calendar quarter which commences nor less than two months after notice to the Board. The notice shall include two maps of the annexed area together with the address of the property nearescto the extended city boundary on every street crossing char boundary. ARTICLE Ill ALLOCATION OF TAX A. Deficiency determination. All local taxes collected as a result of determinations or billings made by the Board. and all amounts refunded or credited may be distributed or charged to the respective contorming ca xin g jurisdictions in the same ratio as the taxpayer's self - declared local tax for the period for which the determination, billing, refund, or credit applies. B. Allocation. When the I o c a 1 c a x is collected from or refunded or credited to the following: °^ (1) Retailers having traveling sellers' permits or certificates of aurhoricy co collect use tax issued by the Board; (2) Persons regarded by the Board as retailers pursuant ro Section 6015 of the Reve- nue and Taxation Code; (3) Persons for whom no continuing account number was active at the date of pay- ment; or (4) Other retailers or purchasers having no permanent place of business within the Scare as determined by the Board; ST -527 REV. 5 11.74i . 2 - or when the local tax i- collected by way of deduction from, o, when a refund of local tax is made in conjunction with, refunds of motor vehicle fuel license taxes, or when local tax is col- lected and direct allocation is impractical, the Board may distribute or charge such local tax to all conforming taxing jurisdictions in the county in which the sale or use occurred using the ratios reflected by the distribution of taxes collected from all other taxpayers in that county. To the extent that this cannot be done in a manner consistent with the economic and efficient performance of the duties of the Board under the Revenue and Taxation Code and the provisions of this Agreement, the Board may distribute or charge such local tax to all conforming taxing r�l jurisdictions of this State using the ratios reflected by the distribution of taxes collected from all other taxpayers in the State. In making allocations under this paragraph county tax imposed at a race in excess of 1 percent shall be excluded. C. Vehicles, Vessels, and Aircraft. For the purposes of allocating local tax with respect to vehicles required to be registered or identified under the Vehicle Code, and with respect to vessels and aircraft, the address of the registered owner appearing upon the applica- tion for registration or identification may be used by the Board in determining the city of use. To the extent this cannot be done in a manner consistent with the economic and efficient perfor- mance of the duties of the Board under the Revenue and Taxation Code and this Agreement, the Board may allocate tax with respect to such vehicles, vessels, and aircraft in the manner pro- vided in Paragraph B of this Article. ARTICLE IV COMPENSATION The City agrees to pay the Board as the Board's cost of administering the City ordi- nances such amount as is provided by law. Such amounts shall be deducted from the taxes collected by the Board for the City. ARTICLE V MISCELLANEOUS PROVISIONS A. Communications. Communications and notices may be sent by first-class Untied States Mail. A notification is complete when deposited in the mail. Communications and notices to be sent to the Board shall be addressed to: State Board of Equalization P.O. Box 1799 Sacramento, California 95808 Attention: Executive Secretary Communications and notices to be sent to the City shall be addressed to: 1^ ST -327 REV 5 (11.74) - - B. T partment of quarter next the City ordi shall conein shall chereaf erm. The d of this Agreement is th General Services. The Agreement shall succeeding the dace of such approval, nance, nor on a day other than the first ue until September 30 next following the ter be renewed automatically from year written notice of termination at least two months befo minate this Agreement in the manner provided by law. e date on a h it is approved by the De= cake effect on the first day of the calendar - but in no case before the operative date of day of a calendar quarter. This Agreement operative date of the City ordinance, and to year unless one of the parties gives re the end of the term. The Board may ter - STATE BOARD OF EQUALIZATION By Executive Secretary CITY OF SANTA CLARITA By - (Signature on this line) HOWARD P. McKEON (Type name here) MAYOR (Type title here) ST -527 REV. 5 (11.74) - 4 -