Chapter 98 BUSINESS, PROFESSIONAL AND OCCUPATIONAL LICENSING.
Section 98-3.5 DUE DATES AND PENALTIES.
A. Each person subject to a license tax shall apply for a license prior
to beginning business if he
was not subject to licensure in this jurisdiction on or before January 1 of the license year,
or no
later than March 1 of the license year if he has been issued a license for the preceding year. The
application shall be on forms prescribed by the assessing official.
B. The tax shall be paid with the application in the case of any license
not based on gross
receipts. If the tax is measured by the gross receipts of the business, the tax shall be paid
on or
before March 1; or thirty (30) days after beginning business for businesses not subject to
licensure in this jurisdiction on or before January 1 of the license year.
(Ord. No. 5-2001 Amended (B) 6-25-01)
C. The assessing official may grant an extension of time in which to
file an application for a
license, for reasonable cause. The extension shall be conditioned upon the timely payment of a
reasonable estimate of the appropriate tax; the tax is then subject to adjustment to the correct
tax
at the end of the extension, together with interest from the due date until the date paid and,
if the
estimate submitted with the extension is found to be unreasonable under the circumstances, with
a penalty of ten percent of the portion paid after the due date.
D. A penalty of ten percent of the tax may be imposed upon the failure
to file an application or
the failure to pay the tax by the appropriate due date. Only the late filing penalty shall be
imposed by the assessing official if both the application and payment are late; however, both
penalties may be assessed if the assessing official determines that the taxpayer has a history
of
noncompliance. In the case of an assessment of additional tax made by the assessing official, if
the application and, if applicable, the return were made in good faith and the understatement of
the tax was not due to any fraud, reckless or intentional disregard of the law by the taxpayer,
there shall be no late payment penalty assessed with the additional tax. If any assessment
of tax
by the assessing official is not paid within thirty days, the treasurer or Finance Director
may
impose a ten percent late payment penalty. If the failure to file or pay was not the fault of
the
taxpayer, the penalties shall not be imposed, or if imposed, shall be abated by the official who
assessed them. In order to demonstrate lack of fault, the taxpayer must show that he
acted
responsibly and that the failure was due to events beyond his control.
"Acted responsibly" means that: (i) the taxpayer
exercised the level of reasonable care that a
prudent person would exercise under the circumstances in determining the filing obligations for
the business and (ii) the taxpayer undertook significant steps to avoid or mitigate the failure, such
as requesting appropriate extensions (where applicable), attempting to prevent a foreseeable
impediment, acting to remove an impediment once it occurred, and promptly rectifying a failure
once the impediment was removed or the failure discovered.
"Events beyond the taxpayer's control" include,
but are not limited to, the unavailability of
records due to fire or other casualty; the unavoidable absence (e.g., due to death or serious
illness) of the person with the sole responsibility for tax compliance; or the taxpayer's
reasonable reliance in good faith upon erroneous written information from the assessing official
who was aware of the relevant facts relating to the taxpayer's business when he provided the
erroneous information.
E. Interest shall be charged on the late payment of the tax from the
due date until the date paid
without regard to fault or other reason for the late payment. Whenever an assessment of
additional or omitted tax by the assessing official is found to be erroneous, all interest and
penalty charged and collected on the amount of the assessment found to be erroneous shall be
refunded together with interest on the refund from the date of payment or the due date,
whichever is later. Interest shall be paid on the refund of any license tax, assessed pursuant to
this Chapter, from the date of payment or due date, whichever is later, whether attributable
to an
amended return or other reason. Interest on any refund shall be paid at the same rate charged
under Virginia Code Section 58.1-3916.
No interest shall accrue on an adjustment of estimated tax liability to actual liability
at the
conclusion of a base year. No interest shall be paid on a refund or charged on a late payment,
provided the refund or the late payment is made not more than thirty days from the date of the
payment that created the refund or the due date of the tax, whichever is later.