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HomeMy WebLinkAboutOrd 655-1973ORDINANCE NO. 655 AN ORDINANCE TO AMEND ORDINANCE NO.. 457 ENTITLED THE UNIFORM LOCAL SALES AND USE TAX ORDINANCE The City Council of the City of South San Francisco does ordain as follows: Section 1. Subparagraph (3) of paragraph (b) of Section 4 of Ordinance No. 457 of the City of South San Francisco entitled Uniform Local Sales and Use Tax Ordinance~6dopted December 5, 1960 , as amended, is amended to read: (3) If a seller's permit has been issued to a retailer u'nder Section 6067 of the said Revenue and Taxation Code, an additional seller's permit shall not be required by reason of this section. , Section 2. Subparagraph (4.5) is added to paragraph (b) of Section'4 of said ordinance to read: (4.5) There shall be excluded from the gross receipts by which the tax is measured: (I) The amount of any sales or use tax impo'seal by the State of California upon a retailer or consumer. (11) The gross receipts from the sale of tangible personal property to operators of waterborne vessels to' be used or consumed principally outside the city in which the sale is made and directly and exclusively in the carriage of persons or property in such vessels for commercial purposes. (Ill) The gross receipts from the sale of tangible 'personal property to operators of aircraft to be used or consumed principally outside the city in which the sale is made and directly and exclusively in the use of such aircraft as common carriers of persons or property under the authority of the laws of this state, the United States, or any foreign government. Section 3. Subparagraph (3.5) is added to paragraph (b) of Section 5 of said ordinance to read: ~(3.5) There shall be exempt' from th~ tax due under this section: (I) The amount of any sales or use tax 'imposed by'the State of California upon a retailer or consumer. (11) The storage, use or other consumption of tangible personal property, the gross receipts from the sale of which has been subject to sales tax under a sales and use tax ordinance enacted in ac- cordance with Part 1.5 of Division 2 of the Revenue and Taxation Code by any city and county, county, · , or city in this state. (111) The storage, use, or other consumption of tangible personal property purchased by operators of waterborne vessels and used or consumed by such operators directly and exclusively in the carriage of persons or property in such vessels for commercial purposes. / (IV) -In addition to the exemptions provided in Sections 6366 and 6366.1 of the Revenue and Taxation Code, the storage, use, or other consumption of tangible personal property purchased by operators of aircraft and used or consumed by such operators directly and exclusively in the use of such aircraft as common carriers of persons or property for hire or compensation under a certificate of public convenience and necessity issued pursuant to the laws of this state, the'United States, or any foreign government. BT-527-B (8-73) Section 4. Sect,ion 6.1 ,is added to said ordinance to read: Section 6.1. APPLICAT~ION OF ~PROVISIONS RELATING TO EXCLUSIONS AND EXEMPTIONS. (a) Sections 4 (b) (4.5), and 5 (b) (3.5) of this ordinance shall become operative on January 1st of the year following the year in which the State Board of Equalization adopts an assessment .ratio for state- assessed property which is identical to the ratio which is required for local assessments by Section 401 of t~he Revenue and Taxation Code, at which time Sections 4 (b) (4)andS(b)(3)of this ordinance shall become inoperative. ' - (b) In the event that Sections 4 (b) (4.5) and 5 (b) (3.5) of this ordinance become operative and the State Board of Equalization subsequently adopts an assessment ratio for state-assessed property which is higher than the ratio which is required for local assessments by Section 401 of the Revenue and Taxation Code, Sections 4 (b) (4) and 5 (b) (3) of this ordinance shall become operative on the first day of the ·month following the month in which such higher ratio is adopted, at which time Sections 4 (b) (4.5) and 5 (b) (3.5) of this ordinance shall become inoperative until the first day 'of the month following the month in which the · Board again adopts an assessment ratio for state-assessed property which is identical to the ratio required for local assessments by Section 401 .of the Revenue and TaxatiOn Code, at which time Sections 4 (b) (4.5) and 5 (b) (3.5) shall again become operative and Sections 4 (b) (4) and 5 (b) (3) Shall become inoperative. Section 5. This ordinance shall be operative on January 1, 197.4. Section 6. The City Clerk shall certify to the passage of this ordi- nance and cauSe the same t6 be published in the Enterprise-Journal, a newspaper'of general .circulation,published and circulated in said ~ity,as required by law within fifteen (15) days after its passage. Introduced this 5fh day of November , 1973. Passed and adopted as an Ordinance of the City of South San Francisco at ~ adjourned reguJa~eeting of the City Council of the City of South San Francisco this 12th day of November 1973, by the following vote: AYES, COUNCILMEN Patrick E. Ahern, Wi I I lam A. Borba, F. Frank Mammini, Terry J. Mi rri .and Warren Steinkamp NOES, " None ABSENT," None ' I hereby certify that the foregoing ordinance was passed by the City Council of the City of South San Francisco at its adjourned requl'ar meeting on the 12th day of November ,1973. czty ~lerk As Mayor of the City of South San Francisco, I do hereby approve the foregoing ordinance this 12th day of November ,1973. Mayor BT-527-B (8-73) IJ It [ I City of South San Francisco 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 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 to 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 count, y of this State which has adopted a sales and use tax 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 Equalizati?n 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 II 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 State Sales and Use Tax Law shall be applicable to the administration and operation of the City ordinance and that money collected pursuant to the City 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 and reimbursing the Board pursuant to Article IV of this Agreement and for the purpose of trans- mitting 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 City periodically as promptly as feasible. Such transmittals shall be made at least twice in each calendar quarter. Transmittals may be made by mail or by deposit to the account of the City in a bank in Sacra- mento designated by the City. A statement 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 in its judgment are necessary or desirable for the administration and operation of the City ordinance and the distribution of the local taxes collected thereunder. BT-527 REV. 4 (8-73) E. Preference. Unless the payor instructs otherwise and except as otherwise provided in this Agreement,. the Board shall give no preference in applying money received for sales .a:nd use taxes owed by a taxpayer but shall apply all monies collected to the satisfaction of the qlaims.of the Stat.e 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 State Sales' and Use Tax Law will be upon such terms that 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 to change the terms of any security now held by it and the City shall not participate in an3; security now held by the Board. G, Names of sellers. The Board agrees to furnish the names, addresses, account nu~n- bets, and the 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 0nd 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 this Agreement. 1. City tax rate. The City agrees that .any change i,n the rate of its conforming local sales and use tax. will be made effective at the beginning of a calendar quarter and that it will give the Board at least two months' notice thereof and thor it will also give notice to the' Board of Supervisors of the County in which the City lies. j. Annexation. The City agrees that the Board shall not be required to 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 not less than two months after notice to the Board. The notice shall include two maps of the ahnexed area together with the address of the property nearest to the extended city boundary on every street crossing that boundary. ARTICLE III 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 conforming taxing 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 local tax is collected from or refunded or credited to the following: (1) Retailers having traveling sellers' permits or certificates of authority to collect use tax issued by the Board; (2) Persons regarded by the Board as retailers pursuant to 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 State as determined by the Board; 13T-527 REV. 4 (8-73) -2- Li' I [' I II ~I or when the local tax is collected by way of. deduction from, or when a refund of local tax is made in coniunction 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 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 rate 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 CO/vlPENSATION 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 United 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: City of South San Francisco P. 0. Box 711 South San Francisco, California 94080 Attention: City Clerk BT.527 REV. 4 (8-73) B..~ Term. The date of this Agreement is the date on which it is approved by the De:. p. artment o~ General'. Services. The Agreement shall,take effect on the first day of the calendar q.~arter next succeeding the date of such approval, but in, no-case before the operative date of the City ordinance,, nor'on, a day other than the first day of. a:. calendar quarter. This Agreement shall continue unti~ September 30 next.' following the operative date of the City ordinance, and sJiall thereafter' be' renewedi automatically from year to year' unless one of the parties gives, writ'ten notice of termi'nati'°n at least two.. months before the' end of the term, The Board may minate this, Agreement in' the manner provided by law. C. This Agreement replaces and supersedes the Agreement dated .)£v~,~,~,'/a /~'-t/~o heretofore entered" into by the Board and the City, which prior Agreement is hereby termmated~. STATE' BOARD OF EQUALI;Z&TIO~N Executive Secretary CITY OF South San Frane5,~eo, a municipal cg~poration :' (Signature on this line) (Type name he're) Mayor (Type title here) B.T-527 REV. 4' (8-73) -4- T '2. IMPORTANT INSTRUCTIONS Insert name of the City at top of page 1; insert address for communications and notices to City in Section A, Article V. Sign five copies 9f the Agreement, sending all of them to the Secretary, State Board of Equalization, P.O. Box 1799, Sacramento, California 95808. (If the City desires to keep a file copy of the Agreement, an additional copy should be prepared for that purpose.) On page 4 insert the date of the original Agreement for administration of the City tax. Attach to each copy of the Agreement sent to the Boa?ct', a certified copy of the City Sales and Use Tax Ordinance, also attach to each copy a certified copy of the order, motion or resolution of the City Council authorizing the execution of the Agreement. Explanation When an Agreement is transmitted in accordance with the foregoing instructions, it will be executed on behalf of the Board and submitted to the Department of General Services for approval. When approved, one copy will be returned to the City with endorsement of approval. If a copy has been retained by the City, it may then be conformed to the approved copy. BT-527 REV. 4 (8-73) - .5 -