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76-099 Ordinance
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76-099 Ordinance
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1/15/2014 2:59:51 PM
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North Olmsted Legislation
Legislation Number
76-099
Legislation Date
9/7/1976
Year
1976
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CITY OF NORTH OLMS ~ D <br />ORDINANCE N0. 76 /q <br />Page 5 <br />745.11 Return Must be Filed; Procedure in a Failure to File <br />(a) No person, including any officer of a corporation or <br />employee of a corporation having control or supervision of or charged <br />with the responsibility of filing returns, shall fail to file any <br />return or report required to be filed by this chapter, or file or cause <br />to be filed any incomplete, false or fraudulent return, report or statement, <br />or aid or abet another in the filing of any false or fraudulent return, <br />report or statement. <br />(b) If any vendor required to file monthly returns under <br />this chapter fails, in two consecutive months or in three or more months <br />within a twelve-month period, to file such returns when due or to pay <br />the tax thereon, or if any vendor authorized by the Director of Finance <br />to file returns at less frequent intervals, fails on two or more occasions <br />within a twenty-four month period, to file such returns when due or to pay <br />the tax due thereon, the Director of Finance may require such vendor to <br />furnish security in an amount equal to the average tax liability of the <br />vendor for a period of one year, as determined by the Director of Finance <br />from a review of returns or other information pertaining to such vendor, <br />which amount shall in no event be less than one hundred dollars ($100.00). <br />The security may be in the form of an advance tax payment to be applied <br />to pay the tax due on subsequent returns, or a corporate surety bond <br />satisfactory to the Director of Finance, conditioned upon payment of the <br />tax due with the returns from the vendor. The security must be filed within <br />tencb.ys following the vendor's receipt of the notice from the Director of <br />Finance of its requirements. <br />A corporate surety bond filed under this section shall be <br />returned to the vendor if, for a period of twelve consecutive months followin; <br />the date the bond was filed, the vendor has filed all returns and remitted <br />payment therewith within the time prescribed in this chapter. <br />745.12 Personal Liability of Corporate Officers or Employees <br />If any vendor corporation required to file returns and to <br />remit tax due to the City under the provisions of this chapter fails for <br />any reason to make such filing or payment, any of. its officers or <br />employees having control or supervision of or charged with the responsibility <br />of filing returns and making payments shall be personally liable for such <br />failure. The dissolution of a corporation shall not discharge an officer's <br />or employee's liability for a prior failure of the corporation to file <br />returns or remit tax due. The sum due for such liability may be collected <br />by assessment in the manner provided in this chapter. <br />745.13 Intent <br />It is the intent of this chapter to levy the excise tax of thre <br />percent on transactions by which lodging by a hotel, motel or motor inn is or <br />is to be furnished to transient guests as referred to and authorized by <br />Ohio R.C. 5739.02(c). Accordingly, this chapter shall be construed to <br />effectuate that purpose and so as to be consistent with any requirement <br />of law compliance with which is a prerequisite to the validity of. the tax <br />intended to be levied hereby. <br /> <br />
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