HomeMy WebLinkAbout122 - 09/02/1986 - REPEALING AND RE-ENACTING THE CITY CODE RELATING TO SALES AND USE TAXES ORDINANCE NO. 122, 1986
OF THE COUNCIL OF THE CITY OF FORT COLLINS
REPEALING AND RE-ENACTING CHAPTER 104
OF THE CODE OF THE CITY OF FORT COLLINS
RELATING TO SALES AND USE TAXES
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS:
Section 1. Chapter 104 of the Code of the City of Fort Collins,
"Taxation: Retail Sales and Use," is hereby repealed in its entirety and
re-enacted as follows:
Chapter 104
TAXATION: RETAIL SALES AND USE
ARTICLE I
General Provisions; Taxes Imposed
§104-1. Definitions.
§104-2. Legislative intent.
§104-3. Imposition of the sales tax.
§104-4. Imposition of the use tax.
§104-5. Rate of tax.
ARTICLE II
Licensing
§104-6. Retail sales tax license required.
§104-7. Separate license required for each place of business.
§104-8. Form of license; nontransferable.
§104-9 Exempt organization license. -
§104-10. Revocation of license.
§104-11. Appeal of revocation.
ARTICLE III
Collection and Remittance
§104-12. Collection of tax.
§104-13. Tax money in possession of vendor held in trust.
§104-14. Tax on credit or secured sales; bad debts.
§104-15. Tax on building materials and supplies.
§104-16. Proration of use tax on certain construction equipment.
§104-17. Location guide available.
§104-18. Tax on automotive vehicles purchased outside City.
§104-19. Remittance of sales tax collected by vendor.
§104-20. Remittance of use tax.
§104-21. Remittance of use tax by property owners and lessees.
§104-22. Remittance of tax on other than monthly basis.
§104-23. Form of tax returns; signature required.
§104-24. Consolidation of returns.
ARTICLE IV
Refunds
§104-25. Tax disputes.
§104-26. Procedure for refund of disputed tax.
§104-27. Right of refund not assignable.
§104-28. Action for recovery of refund.
ARTICLE V
Administration
§104-29. Preservation of returns and other records; confidentiality.
§104-30. Records and accounts to be kept.
§104-31. Examination of returns; recomputation, credits, deficiencies.
§104-32. Investigation of tax records of vendor.
§104-33. Subpoenas and witness fees.
§104-34. Attendance of witnesses and production of evidence to be
compelled by district judge.
§104-35. Depositions.
ARTICLE VI
Enforcement
§104-36. Failure to make return; improper registration; estimate of
taxes, notice; appeal ; audit.
§104-37. Assessment and recurring assessment penalty.
§104-38. Rate of interest; method of calculation.
§104-39. Tax constitutes lien.
§104-40. Lien on construction improvements.
§104-41. Sale of business subject to lien.
§104-42. Certificate of discharge of lien.
§104-43. Jeopardy assessment.
§104-44. Enforcing the collection of taxes due.
§104-45. Recovery of unpaid tax by action at law.
§104-46. City may be party in title actions.
§104-47. Injunctive relief.
§104-48. Waiver of penalties by Director of Finance.
§104-49. Obligations of fiduciaries and others.
ARTICLE VII
Miscellaneous
§104-50. Review of decisions of Director of Finance.
§104-51. Review bond required.
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§104-52. Notices.
§104-53. License and tax in addition to all other licenses and taxes.
§104-54. Hearings to be held in City.
§104-55. Administration by Director of Finance; rules and regulations.
§104-56. Violations.
§104-57. Penalty.
§104-58. Purpose of tax; distribution of proceeds.
§104-59. Limitations.
ARTICLE I
General Provisions; Taxes Imposed
§104-1. Definitions.
The following words and phrases, as used in this chapter, shall have
the following meanings:
ACCESS SERVICES -- Any charge by local telephone exchange companies to
providers of telecommunication services or their customers for use in
providing the telecommunication services of such providers.
AUCTION OR ESTATE LIQUIDATION SALE -- Any sale conducted or transacted
at a permanent place of business operated by an auctioneer or estate
liquidator or a sale conducted or transacted at any location where
tangible personal property is sold by an auctioneer or estate
liquidator when such individual is acting either as agent for the
owner of such tangible personal property or is in fact the owner
thereof. For the purpose of this chapter, the auctioneer or estate
liquidator at any sale as defined herein, except when acting as an
agent for a duly licensed vendor or when selling only tangible
personal property which is exempt from retail sales or use tax as
provided in this chapter, is a vendor as defined in this section, and
the sale made by him is a retail sale as defined in this section, and
the business conducted by him in accomplishing such sale is the
transaction of a business as defined in this section.
AUTOMOTIVE VEHICLE -- Any vehicle, including every device in, upon or
by which any person or property is or may be transported or drawn upon
a public highway or any device used or designed for aviation or for
flight in the air, upon which a specific ownership tax is imposed by
the State of Colorado, and any watercraft, propelled by machinery,
whether or not such machinery is the principal source of propulsion,
used or capable of being used as a means of transportation of persons
and property on the water, including but not limited to motor
vehicles, trailers or semitrailers, aircraft and motorboats, but
excepting devices moved by human power or used exclusively upon
stationary rails or tracks and excepting any such vehicles, as herein
defined, used or engaged in interstate commerce.
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BUSINESS -- All activities or undertakings of any nature engaged in or
caused to be engaged in by any person with the object of gain,
benefit or advantage, direct or indirect.
CHARITABLE ORGANIZATION -- An organization which, in a manner
consistent with existing laws and for the benefit of an indefinite
number of persons, exclusively, freely and voluntarily ministers to
their physical , mental , or spiritual needs and which thereby lessens
the burdens of government.
CITY -- The City of Fort Collins, Colorado.
CITY MANAGER -- The City Manager of the City of Fort Collins,
Colorado.
CODE -- The Code of the City of Fort Collins, Colorado.
CONSTRUCTION EQUIPMENT -- All pieces of portable machinery, vehicles
and other types of equipment used to build, erect or otherwise
construct buildings, roads, bridges or any construction project.
DIRECTOR OF FINANCE -- The Director of Finance of the City of Fort
Collins, Colorado.
ENGAGED IN BUSINESS IN THE CITY -- The selling, leasing or delivering
in the City, or any activity in the City in connection with the
selling, leasing or delivering in the City, of tangible personal
property by a retail sale as defined in this section, for use,
storage, distribution or consumption within the City. This term shall
include, but shall not be limited to, the following acts or methods of
transacting business:
A. The maintaining within the City, directly or indirectly or by a
subsidiary, of an office, distributing house, salesroom or house,
warehouse or other place of business; or
B. The soliciting, either by direct representatives, indirect
representatives or manufacturers' agents, by distribution of
catalogs or other advertising, by use of any communication media,
by any other advertising media, or by any other means whatsoever,
of business from persons residing in the City, and by reason
thereof receiving orders from, or selling or renting tangible
personal property to, such persons residing in the City for use,
consumption, distribution, or storage in the City.
FARM CLOSE-OUT SALE -- A sale of all tangible personal property of a
farmer or rancher previously used by him in carrying on his farming or
ranching operations. Unless said farmer or rancher is making or
attempting to make full and final disposition of all property used in
his farming or ranching operations and is abandoning said operations
on the premises where they were previously conducted, such sale shall
not be deemed a "farm close-out sale" within the meaning of this
chapter.
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FOOD -- Food which is advertised or marked for human consumption and
is sold in the same form, condition, quantities and packaging as is
commonly sold by grocers. The term includes cereals and cereal
products; milk and milk products; meat and meat products; fish and
fish products; eggs and egg products; vegetables and vegetable
products; fruits and fruit products; sugars and sugar products and
sugar substitutes; coffees and coffee substitutes; teas, cocoa and
cocoa products; and spices, condiments, salt and oleomargarine. The
term does not include food or drink served or furnished in or by
restaurants, cafes, lunch counters, cafeterias, hotels, drugstores,
social clubs, nightclubs, cabarets, resorts, snack bars, caterers,
carryout shops and other like places of business at which prepared
food or drink is regularly sold, including sales from pushcarts, motor
vehicles and other mobile facilities; chewing gum; candy; carbonated
beverages; spirituous, malt or vinous liquor; cocktail mixes;
proprietary medicines; nostrums; lozenges; tonics; vitamins and other
dietary supplements; water, mineral water and carbonated water
marketed in containers; ice; pet foods; food or drink furnished,
prepared or served for consumption at tables, chairs or counters or
from trays, glasses, dishes or other tableware provided by the vendor;
prepared food or drink sold by vendors who regularly sell for
consumption on or near the premises of the vendor, even though such
food or drink is sold on a take-out or to-go order and is bagged,
packaged or wrapped and taken from the premises of the vendor; and
food or drink vended by or through machines on behalf of a vendor.
GROSS SALES AND SERVICES -- The total amount received in money,
credit, property or other consideration from leases and sales at
retail .
LOCAL TELEPHONE EXCHANGE COMPANY -- Any person which provides public
telephone or telecommunication exchange access lines, mobile
telecommunication or channels necessary to effect the transfer of
two-way voice or data grade information between the final user and the
local telecommunication network.
PERSON - - An individual , firm, partnership , joint venture ,
association, corporation, estate, trust, receiver, trustee, assignee,
lessee or any person acting in a fiduciary or representative capacity,
whether appointed by a court or otherwise, or any group or combination
acting as a unit, and includes the plural as well as the singular
number.
PRESCRIPTION DRUG -- A medical substance for human consumption used in
the treatment or prevention of disease or other illness, the sale of
which is delivered on a written order of a member of the healing arts
whether on a regular prescription form or on orders of drugs for
dispensing in the practitioner's office.
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PROSTHETIC DEVICE -- An artificial part which aids or replaces a human
bodily function and which is designed and produced or adjusted to fit
a particular individual by or with the written recommendation of a
member of the healing arts, including prescription eyeglasses and
contact lenses.
PURCHASE or SALE -- The acquisition for a price by any person of
taxable services or tangible personal property which is used, stored,
distributed or consumed within the City. A transaction shall be
deemed to be a "purchase" or "sale" if the acquisition of tangible
personal property was effected by either:
A. The transfer, either conditionally or absolutely, of title or
possession, or both, of the tangible personal property.
B. A lease, rental or grant of a license to use (including royalty
agreements), store, distribute or consume the tangible personal
property.
PURCHASE PRICE -- The aggregate value in money of any thing or things
paid or delivered by a lessee or purchaser to a vendor in the
consummation of a lease or of a retail sale as defined in this
section, without any deduction therefrom on account of the cost of the
property sold, cost of material used, labor or service cost or any
other expense whatsoever, and provided that when articles of tangible
personal property are sold after manufacture or after having been made
to order, the gross value of all materials, labor service and profit
thereon shall be included in the said "purchase price." However, the
"purchase price" shall not include any direct tax imposed by the
federal government, the State of Colorado or this chapter.
PURCHASER -- Any person to whom a taxable service has been rendered or
who has leased or purchased at retail tangible personal property which
is used, stored, distributed or consumed in the City upon which a tax
is imposed by this chapter.
RETAIL SALE or PURCHASED AT RETAIL -- Any sale, purchase, lease,
rental or grant of license to use tangible personal property, except a
wholesale sale or purchase.
SALE or SALE AND PURCHASE -- Installment and credit sales and the
exchange of property as well as the sale thereof for money; every such
transaction, conditional or otherwise, for a consideration,
constituting a sale; and the sale or furnishing of steam or other
heat, electrical energy, gas, or telecommunication services; and the
transaction of furnishing rooms or accommodations to any person who,
for a consideration, uses, possesses, or has the right to use or
possess, any room or rooms in any hotel , motel , apartment house,
mobile home, trailer court or park or similar place under any lease,
permit, right of access, license to use or other agreement.
STORAGE -- Any keeping or retention of, or exercise of dominion or
control over, tangible personal property within the City.
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TANGIBLE PERSONAL PROPERTY -- Corporeal personal property, including
automotive vehicles, which may be seen, weighed, measured, felt or
touched or is in any manner perceptible to the senses. The term shall
not include "newspapers" as described in Section 24-70-102, C.R.S.
TAX -- Either the tax payable by the purchaser of tangible personal
property or services subject to the tax or the aggregate amount of
taxes due from the vendor of such tangible personal property or
services during the period for which he is required to report his
collections, as the context may require.
TAXPAYER -- Any person obligated to account to the Director of Finance
for taxes collected or to be collected or from whom a tax is due under
the terms of this chapter.
TELECOMMUNICATION SERVICES -- The transport of signs, signals,
writings, images, sounds, messages, data, or other information of any
nature by wire, radio, light waves, electromagnetic, digital or
electronic means, including pay, cable or subscription television.
USE -- The exercise, for any length of time, by any person within the
City, of any right, power or dominion over tangible personal property
under a lease or when purchased at retail , either within or without
the City, from a vendor or any other person.
VENDOR -- A person making sales to purchasers of, or leasing to
persons, at retail and not for resale, tangible personal property or
services subject to the tax imposed by this chapter. To prevent
evasion and to provide for more efficient administration, the term
"vendor" shall be extended to include any salesman, representative,
peddler or canvasser, who, as agent, directly or indirectly, of the
dealer, distributor, supervisor or employer under whom he operates or
from whom he obtains the tangible personal property or services sold
by him, makes sales of tangible personal property or services subject
to the tax imposed by this chapter.
WHOLESALER -- A person doing a regularly organized wholesale or
jobbing business, and known to the trade as such and selling to retail
merchants, jobbers, dealers or other wholesalers for the purpose of
resale.
WHOLESALE SALE -- A sale by wholesalers to retail merchants, jobbers,
dealers, vendors or other wholesalers for resale; a sale of tangible
personal property to a person engaged in the business of manufacturing
or compounding for sale, profit or use any product, which tangible
personal property becomes an ingredient or component part of the
product which is manufactured or compounded and the container, label
or furnished shipping case thereof; a sale of electricity, gas, coal ,
wood, nuclear fuel , fuel oil or coke for use in processing,
manufacturing, mining, refining, irrigation, telecommunication
services, street and railroad transportation services and all
industrial uses; a sale of newspapers and newsprint and printers' ink
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used to produce newspapers. The term does not include the sale by
wholesalers to users or purchasers not for resale, which sales shall
be deemed retail sales.
§104-2. Legislative intent.
A. It is the intent of the City Council , in exercising the home rule
powers provided by the Constitution of the State of Colorado, that
through this legislation and in the manner described herein, every
person in the City who purchases at retail , leases, consumes,
stores, or puts to any use any tangible personal property or
taxable services is exercising a taxable privilege. All sales,
leases, and purchases of tangible personal property and taxable
services defined in this chapter are taxable unless specifically
exempted in this chapter. The sales tax imposed upon tangible
personal property by this chapter applies to each transfer of
ownership, possession, and control of such property and may occur
more than once during the life of the property.
B. The sales tax is a transaction tax levied upon all sales,
purchases, and leases of tangible personal property and taxable
services sold or leased by persons engaged in business in the City
and is collected by the vendor or lessor and remitted to the City.
The use tax is levied upon the privilege of persons in the City to
store, use, distribute or consume tangible personal property
located in the City and taxable services purchased or leased at
retail and furnished within the City, whether purchased or leased
inside or outside the City, and not subject to the sales tax
imposed by this chapter. The use tax is remitted to the City by
the person storing, using, distributing or consuming the tangible
personal property or taxable services. The use tax is a
complement to the sales tax, and its purposes are to equalize
competition between in-City and out-of-City vendors and lessors of
tangible personal property and services and to eliminate
incentives for City residents to leave the City to purchase or
lease tangible personal property and taxable services.
§104-3. Imposition of the sales tax.
A. There is hereby levied and there shall be collected and paid a
sales tax on the full purchase price paid or charged for tangible
personal property and taxable services sold at retail or leased by
every person exercising a taxable privilege in the City by the
sale or lease of such property and services. The sales tax is
levied on all sales and leases of tangible personal property or
taxable services, except those specifically exempted and is
collected by the vendor or lessor and remitted to the City.
B. Taxable transactions and items. The sales tax shall apply as
follows:
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1. On the purchase price paid or charged for all sales and
purchases of tangible personal property at retail .
2. On the total amount due under a lease or contract when the
right to possession or use of tangible personal property is
granted therein and such transfer of possession would be
taxable under this chapter if an outright sale were made.
3. In the case of retail sales involving the exchange of
property, on the purchase price paid or charged, including the
fair market value of the property exchanged at the time and
place of the exchange , excluding , however, from the
consideration or purchase price, the fair market value of the
exchanged property, provided such exchanged property is to be
sold thereafter in the usual course of the vendor's business.
4. (a) Upon telecommunication services, including access
services, whether furnished by public or private
corporations or enterprises , for all intrastate
telecommunication services originating from or received
on telecommunication equipment in the City if the charge
for the service is billed to a person in the City or
billed to an affiliate or division of such person in the
City on behalf of a person in the City.
(b) Upon access services, whether furnished by public or
private corporations or enterprises, for all interstate
telecommunication services originating from or received
on telecommunication equipment in the City if the charge
for the service is billed to a person in the City or
billed to an affiliate or division of such person in the
City on behalf of a person in the City.
5. Upon gas and electric service, whether furnished by municipal ,
public or private corporations or enterprises, for gas and
electricity furnished and sold for domestic and commercial
consumption and not for resale and upon steam when consumed or
used by the purchaser and not resold in original form, whether
furnished or sold by public or private corporations or
enterprises.
6. Upon the entire amount charged to any person or persons for
rooms or accommodations.
7. Upon the amount paid for all meals and cover charges, if any,
furnished in any restaurant, hotel , club, hospital , nursing
home or other place at which meals or food are regularly sold.
8. Upon the purchase price paid for any automotive vehicle,
whether new or used, purchased inside or outside the City by a
resident of the City or for a business located in the City for
use or storage in the City. Said tax shall be paid prior to
or at the time the title and registration for said vehicle are
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issued by the County Clerk of Larimer County, whichever occurs
first.
9. Upon the purchase price of tangible personal property acquired
with the purchase of a business for use in the operation of
such business as such purchase price is documented in the bill
or contract of sale, but in no event shall the tax be based
upon a valuation of property less than its fair market value.
If the purchase price of the property is not itemized in the
bill or contract of sale, the tax shall be based upon the book
value that the purchaser uses for income tax depreciation or
upon the fair market value of the property if no book value
has been established. Regardless of the method used to value
the property, no deduction shall be made on account of any
outstanding liabilities acquired by the purchaser of the
business and property.
C. Transactions and items exempt from the sales tax.
1. The following shall be exempt from the sales tax:
(a) All sales of automotive vehicles properly titled and
registered to an address outside the City.
(b) All sales of tangible personal property if all of the
following conditions exist:
(1) The sales are to those who reside or do business
outside the City.
(2) The articles purchased are to be delivered to the
purchaser outside the City by common carrier or by
the conveyance of the vendor or by mail .
(3) The articles so purchased and so delivered are used
outside the City.
(c) All sales of gasoline or motor fuel which are taxed under
the provisions of Article 27, Title 39, C.R.S.
(d) All sales of goods manufactured in the City and sold by
the manufacturer thereof directly to the ultimate
consumer, when delivery of such goods is made by common,
contract or commercial carrier or by conveyance of the
vendor or the purchaser to a point outside the City for
use outside the City.
(e) All sales to the United States or the State of Colorado
or departments, institutions, or political subdivisions
thereof and all sales to the City and any department
thereof when made in the exercise of their governmental
functions, provided that such purchases are supported by
official government purchase orders or charged to the
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governmental entity's credit card account and are paid
for by draft or warrant drawn on the governmental
entity's bank account.
(f) All sales to charitable organizations of tangible
personal property or services to be used in the conduct
of the organization's regular activities to foster its
religious or other expressed charitable purpose, provided
that the organization obtains from the City an exempt
organization license pursuant to Section 104-9 and
presents the license to the vendor at the time of the
sale.
(g) All sales which the City is prohibited from taxing under
the Constitution or laws of the United States or the
State of Colorado.
(h) All sales and purchases of neat cattle, sheep, lambs,
swine and goats; all sales and purchases of mares and
stallions for breeding purposes; and, all farm close-out
sales.
(i) All sales of prescription drugs and all sales of
prosthetic devices.
(j) All sales of cigarettes.
(k) All charges for the furnishing of rooms or accommodations
to any person who is a resident of any hotel , motel ,
apartment house, mobile home, trailer court or park or
similar place pursuant to a written lease for a period of
at least thirty (30) consecutive days.
(1) All sales of tangible personal property to a public
utility doing business both within and without the City,
for use in said business operations outside the City,
even though delivery thereof is made in the City.
(m) All sales of tangible personal property through
coin-operated vending machines; provided, however, that
the owner of said vending machines shall pay a tax in the
amount stated in Section 104-5 on the value of the
tangible personal property sold in excess of ten cents
($.10) per item so vended in the coin-operated machines,
unless the sale shall be otherwise exempt as provided in
this chapter.
(n) All sales of farm machinery for use on property outside
the City and all sales of farm machinery parts for use on
property outside the City; provided, however, that this
exemption as to farm machinery parts shall not apply in
the case of repairs performed or parts installed on
equipment in the City and provided further that trucks
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having a manufacturer's rated capacity of one (1) ton or
less shall not be considered farm machinery for the
purposes of this section. Nothing herein contained shall
be construed to limit any other exemption contained in
this chapter.
(o) All sales of feed and feed supplements and drugs for
livestock or poultry, and all sales and purchases of
seeds, plants and fertilizers when such sales are made
for commercial farming or ranching purposes.
(p) For transactions consummated on or after January 1, 1986,
all sales of construction and building materials, as the
term is used in Section 29-2-109, C.R.S. , if such
materials are picked up by the purchaser and if the
purchaser of such materials presents to the vendor a
building permit or other documentation acceptable to the
City evidencing that a local sales or use tax has been
paid or is required to be paid.
(q) For transactions consummated on or after January 1, 1986,
all sales of tangible personal property or taxable
services which transaction was previously subjected to a
sales or use tax lawfully imposed on the purchaser or
user by another statutory or home rule municipality in
Colorado at a rate equal to or greater than the rate
stated in Section 104-5 and such tax was collected. If
the rate of the sales or use tax paid to such
municipality is less than the rate stated in Section
104-5, the difference between the tax due under this
chapter and the tax paid previously shall be remitted to
the Director of Finance.
2. The sale of food, as defined in this chapter, is exempt from
taxation under this chapter in any amount in excess of two and
twenty-five hundredths percent (2.25%) of the amount of the
purchase price of such food.
§104-4. Imposition of the use tax.
A. There is hereby levied and there shall be paid a use tax on the
full purchase price paid for or acquisition cost of tangible
personal property and taxable services brought into the City for
the purpose of using, storing, distributing, or consuming such
property and services. The use tax is levied upon the privilege
of storing, distributing, consuming or using in the City,
personally or as part of rendering a service, tangible personal
property or taxable services and is paid by either the vendor or
the consumer.
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B. Transactions and items exempt from the use tax. The use, storage,
distribution or consumption in the City of the following is hereby
exempted from the use tax:
1. Tangible personal property, the sale or use of which was
previously subjected to a sales or use tax lawfully imposed on
the purchaser or user by another statutory or home rule
municipality in Colorado at a rate equal to or greater than
the rate stated in Section 104-5 and such tax was collected.
If the rate of the sales or use tax paid to such municipality
is less than the rate stated in Section 104-5, the difference
between the tax due under this chapter and the tax paid
previously shall be remitted to the Director of Finance.
2. Tangible personal property purchased in order to be sold at
retail in the City either in its original form or as an
ingredient of a manufactured or compounded product, in the
regular course of business.
3. Gasoline or motor fuel upon which has accrued or has been paid
the tax prescribed by Article 27, Title 39, C.R.S.
4. Tangible personal property brought into the City by a
nonresident thereof for his own use, storage, distribution or
consumption while temporarily in the City, and the tangible
personal property of a resident if such property was purchased
prior to becoming a resident of the City.
5. Tangible personal property used, stored, distributed or
consumed by the United States or the State of Colorado or
departments, institutions or political subdivisions thereof
and the City and any department thereof, in their governmental
capacities only.
6. Tangible personal property purchased from a nonresident vendor
by a resident common carrier, resident public utility or
resident construction company, which tangible personal
property is stored in the City but not used or consumed in the
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7. Tangible personal property of a person engaged in the business
of manufacturing or compounding for sale, profit or use any
product, which tangible personal property becomes an
ingredient or component part of the product which is
manufactured or compounded and the container, label or
furnished shipping case thereof.
8. Electricity, gas, coal , wood, nuclear fuel , fuel oil , or coke
for use in processing, manufacturing, mining, refining,
irrigation, telecommunication services, street and railroad
transportation services and all industrial uses; and newsprint
and printers' ink used to produce newspapers.
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9. Tangible personal property used, stored, distributed or
consumed by charitable organizations in the conduct of the
organization's regular activities to foster its religious or
other express charitable purpose, provided that the
organization obtains from the City an exempt organization
license pursuant to Section 104-9 and presents the license as
required.
10. Neat cattle, sheep, lambs, swine and goats; and mares and
stallions used for breeding purposes.
11. Automotive vehicles and parts and accessories therefor when
used or engaged in interstate commerce.
12. Tangible personal property or services which the City is
prohibited from taxing under the Constitution or laws of the
United States or the State of Colorado.
13. Prescription drugs and prosthetic devices.
14. For transactions consummated on or after January 1, 1986, the
storage of construction and building materials.
§104-5. Rate of tax.
A. The amount of tax hereby levied is two and seventy-five hundredths
percent (2.75%) of the purchase price of tangible personal
property or taxable services. Of said amount, twenty-five
hundredths percent (0.25%) is a tax which shall expire at midnight
on December 31, 1989 and the proceeds of which shall be placed in
the Capital Projects Fund of the City for the Pool and Ice Rink
facility and an additional twenty-five hundredths percent (0.25%)
is a tax which shall expire at midnight on June 30, 1989 and the
proceeds of which shall be placed in the Capital Projects Fund of
the City for the Necessary Capital Projects as determined by the
RECAP Committee.
B. Notwithstanding the above, in order to avoid fractions of pennies,
the tax payable by the purchaser or consumer to the vendor shall
be computed in accordance with schedules or systems approved by
the Director of Finance. Said schedules or systems shall be
designed so that no tax levied by this chapter is charged on any
purchase of seventeen cents ($0.17) or less. However, the use of
the schedules in collecting taxes from purchasers shall not
relieve the vendor from liability for payment of the full amount
of the tax levied in subsection A, above, on all of his taxable
sales or services.
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ARTICLE II
Licensing
§104-6. Retail sales tax license required.
A. No person shall engage in the business of selling at retail
tangible personal property and services subject to the tax imposed
by this chapter without first having obtained a license therefor,
which license shall be granted and issued by the Director of
Finance and shall be in force and effect until revoked.
B. Such license shall be granted only upon application stating the
name and address of the person desiring such license, the name of
such business and the character thereof, the location, including
the street number, of such business and such other facts as may be
reasonably required by the Director of Finance.
C. If an application for a license is submitted by an individual or
business which previously held a license, the Director of Finance
may require that any taxes, penalties and interest due under the
previous license be paid and a bond posted in an amount set by the
Director to ensure payment of taxes under the new license prior to
the issuance of such new license.
§104-7. Separate license required for each place of business.
In case business is transacted at two (2) or more separate places by
one (1) person, a separate license for each place of business shall be
required.
§104-8. Form of license; not transferable.
Each license shall be numbered and shall show the name, mailing
address and place of the business of the licensee and shall be posted in a
conspicuous place in the place of business for which it is issued. No
license shall be transferable.
§104-9. Exempt organization license.
A. No charitable organization shall purchase tax free in the City or
use in the City tangible personal property or taxable services
without payment of the tax imposed by this chapter unless the
organization first obtains an exempt organization license from the
Director of Finance and presents its license to the vendor before
making a purchase, lease, or use of the property or services.
B. The application for an exempt organization license shall include
the organization's certificate of incorporation and a copy of the
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•
institution's federal tax exemption letter, by-laws, and financial
statements showing source of funds and expenditures.
C. By obtaining an exempt organization license, the institution
agrees to make regular and complete reports of all purchases, both
those that are not taxable and those that are taxable, including,
without limitation, purchases of property and services resold to
members and others and those used for other than the exempt
purpose of the institution.
D. An exempt organization license shall expire on the expiration date
stated on such license or at such earlier time as the nature of
the organization or its activities change so that it no longer
qualifies as a charitable organization. The Director of Finance
shall be entitled to review the status of any such organization at
any time. If the Director determines that the exempt status is no
longer appropriate, he shall notify the organization of the same
and the organization shall promptly return the exempt organization
license to the Director.
§104-10. Revocation of license.
The Director of Finance may, after giving reasonable notice and after
a full hearing, revoke any license issued under this chapter of any person
found by the Director of Finance to have violated any provision of this
chapter.
§104-11. Appeal of revocation.
Any finding and order of the Director of Finance revoking the license
of any person shall be subject to review by the Larimer County District
Court. The procedure for the review shall be in accordance with Rule 106
of the Colorado Rules of Civil Procedure.
ARTICLE III
Collection and Remittance
§104-12. Collection of tax.
A. Except as provided in subsection B, below, the tax to be collected
as required by this chapter shall be stated and charged separately
from the purchase price and shown separately from the purchase
price on any record thereof at the time the sale is made or at the
time when evidence of the sale is issued or employed by the
vendor, provided that when added, such tax shall constitute a part
of such price or charge and shall be a debt from the purchaser to
the vendor until paid and shall be recoverable at law in the same
manner as other debts. The tax shall be paid by the purchaser to
the vendor, as trustee for and on account of the City, and the
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vendor shall be liable for the collection thereof for and on
account of the City.
B. Nothing herein contained shall be deemed to prohibit any vendor
selling malt, vinous or spirituous liquors by the drink from
including in the purchase price for such drinks any tax levied
under this chapter. The brackets and tax amounts designated in
Section 104-5 shall be used by such vendors in determining amounts
to be included in such prices as provided herein. No such vendor
shall advertise or hold out to the public in any manner, directly
or indirectly, that the tax levied by this chapter is not
considered as an element in the purchase price of such drinks to
the consumer.
§104-13. Tax money in possession of vendor held in trust.
All sums of money paid by a purchaser to a vendor as taxes imposed by
this chapter shall be and remain public monies that are the property of the
City. The vendor, as trustee, shall hold such monies in trust for the sole
use and benefit of the City until paid to the Director of Finance as herein
provided.
§104-14. Tax on credit or secured sales; bad debts.
A. Whenever tangible personal property is sold under a conditional
sales contract or lease-purchase agreement whereby the vendor
retains title as security for all or part of the purchase price,
or whenever the vendor takes a purchase money security interest on
such tangible personal property to secure all or part of the
purchase price, the total tax based on the total purchase price
shall become immediately due and payable. This tax shall be
charged and collected by the vendor. No refund or credit shall be
allowed to either party to the transaction in case of
repossession.
B. Taxes paid on sales which are represented by accounts not secured
by conditional sales contracts, lease-purchase agreements or
purchase money security interests and which are found to be
worthless and are actually and properly charged off as bad debts
for the purpose of the income tax imposed by the laws of the State
of Colorado may be credited upon a subsequent payment of the tax
herein provided in this chapter; but, if any such accounts are
thereafter collected by the vendor, a tax shall be paid upon the
amounts so collected.
§104-15. Tax on building materials and supplies.
A. Any person who shall build, construct, reconstruct, alter, expand,
modify or improve any building, dwelling or other structure or
improvement to real property in the City and who shall purchase or
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•
acquire lumber, fixtures, minerals or any other building materials
and supplies used therefor, or any tangible personal property used
therein, from sources within or without the City and the owner of
said real property shall be jointly and severally responsible for
paying the tax set out in this chapter. Prior to the issuance of
a building permit, an amount of tax to be held on deposit shall be
estimated by determining the building value for permit purposes
and multiplying that value by a percentage prescribed by the
Director of Finance, which amount shall be collected by the City
through the owner or contractor. Upon payment of such sales or
use tax deposit, the City shall issue a sales or use tax deposit
receipt identifying the address for which the purchase is being
made and the City building permit number. It shall be the duty of
the owner and/or contractor and subcontractors who are hired to do
the above-stated work or any portion thereof to submit a Job Cost
Report, on forms authorized by the Director of Finance, to the
Director of Finance stating the actual amounts of any purchases of
lumber, fixtures, minerals or any other building materials and
supplies or tangible personal property for such work and to remit
any tax due in excess of the sales or use tax deposit. In any
case, the general contractor and/or owner will be held responsible
and liable for the payment of all taxes for such materials. The
City Building Inspector will not perform a final inspection of the
building or issue a final Certificate of Occupancy until the Job
Cost Report has been submitted and all taxes due have been paid.
B. The owner and/or contractor shall keep and preserve all invoices,
receipts and statements showing such purchases of building
materials and supplies and tangible personal property for a period
of three (3) years after completion of construction. The City
may, within the three (3) year period, conduct an audit of such
records of the owner and/or contractor and any other relevant
information to verify the actual cost of the building materials
and supplies and tangible personal property used therein to
determine the actual tax due. If the actual tax due is more than
that paid by the taxpayer, the Director of Finance shall serve a
Notice of Determination, Assessment and Demand for Payment on the
taxpayer notifying him of the deficiency, including penalty and
interest. Service of such notice and payment of the assessed
amount shall be made in accordance with Section 104-36.
§104-16. Proration of use tax on certain construction equipment.
A. Construction equipment which is located within the boundaries of
the City for a period of more than thirty (30) consecutive days
shall be subjected to the full use tax of the City.
B. With respect to transactions consummated on or after January 1,
1986, construction equipment which is located in the City for a
period of thirty (30) consecutive days or less shall be subjected
to the City's use tax in an amount calculated as follows: the
purchase price of the equipment shall be multiplied by a fraction,
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the numerator of which is one and the denominator of which is
twelve, and the result shall be multiplied by the rate stated in
Section 104-5.
C. In order to avail himself of the provisions of subsection B of
this section, the taxpayer shall substantially comply with the
following procedure:
(1) At the time that the taxpayer files an application for a
building permit, he shall file with the Director of Finance
an equipment declaration on a form provided by the City.
Such declaration shall state the dates on which the taxpayer
anticipates the equipment will be located within and removed
from the City, shall include a description of each such piece
of equipment, shall state the actual or anticipated purchase
price of each such piece of equipment, and shall include such
other information as reasonably deemed necessary by the City.
(2) The taxpayer shall file with the City an amended equipment
declaration reflecting any changes in the information
contained in any previous equipment declaration no less than
once every ninety (90) days after the equipment is brought
into the City or, for equipment which is brought into the
City for a project of less than ninety (90) days duration, no
later than ten (10) days after substantial completion of the
project.
(3) The taxpayer need not report on any equipment declaration any
equipment for which the purchase price was under $2,500.
D. If the equipment declaration is given as provided in subsection C
of this section, then as to any item of construction equipment for
which the purchase price was under $2,500 which was brought into
the City temporarily for use on a construction project, it shall
be presumed that the item was purchased in a jurisdiction having a
local sales or use tax as high as the rate stated in Section 104-5
and that such local sales or use tax was previously paid. In such
case, the burden of proof in any proceeding before the City, the
Director of Finance or the district court shall be on the City to
prove such local sales or use tax was not paid.
§104-17. Location guide available.
The Director of Finance shall make available to any requesting vendor
a location guide showing the boundaries of the City. For transactions
consummated on or after January 1, 1986, the requesting vendor may rely on
such location guide and any update thereof available to such vendor in
determining whether to collect a sales or use tax. No penalty shall be
imposed or action for deficiency maintained against such a vendor who in
good faith complies with the most recent location guide available.
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§104-18. Tax on automotive vehicles purchased outside City.
No automotive vehicle purchased or acquired at retail outside the City
by a resident of the City for use in the City shall be registered in
Larimer County, nor shall title thereto be transferred within Larimer
County, nor shall a license or registration for the use thereof in the
State of Colorado be issued by the County Clerk of Larimer County, if the
tax imposed by this chapter has not been paid to the Director of Finance.
§104-19. Remittance of sales tax collected by vendor.
A. Vendors shall remit to the City taxes collected pursuant to this
chapter.
B. The Director of Finance may authorize a vendor to remit the sales
tax on a basis other than an accrual basis pursuant to the written
request of the vendor.
C. Every vendor shall file a tax return each month with the Director
of Finance on or before the 20th day of each month for the
preceding month and remit the tax due to the Director of Finance
simultaneously therewith. Every vendor may deduct three percent
(3%) of the amount of the tax to be remitted by him under this
chapter to cover his expenses of collection and remittance of the
tax. However, if the remission of the tax by the vendor is
delinquent, the vendor may not retain any amounts to cover the
expense of collecting and remitting the tax unless the vendor
demonstrates reasonable grounds for the delinquency acceptable to
the Director of Finance.
D. If any vendor shall , during any reporting period, collect as a tax
an amount in excess of the rate stated in Section 104-5, he shall
remit to the Director of Finance the full amount of the tax herein
imposed and also such excess.
§104-20. Remittance of use tax.
A. Every person who operates or maintains a business in the City, and
who purchases or leases tangible personal property for use,
storage, distribution or consumption in the City in connection
with said business and taxable hereunder, and who has not paid the
tax imposed thereon by this chapter to a vendor required or
authorized to collect the same, shall monthly make a return and
pay the tax due to the Director of Finance, on or before the 20th
day of each calendar month following the month in which such
purchase or lease was consummated or such later date as is
approved by the Director of Finance.
B. Every resident of the City who purchases or leases tangible
personal property for use, storage, distribution or consumption in
the City and taxable hereunder, and who has not paid the tax
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imposed thereon by this chapter to a vendor required or authorized
to collect the same, shall make a return and pay the tax due to
the Director of Finance within thirty (30) days from the purchase
or lease of such tangible personal property, unless a reporting
period greater than thirty (30) days is approved by the Director
of Finance.
§104-21. Remittance of use tax by property owners and lessees.
Every owner or lessee of real property in the City and of improvements
and structures located upon real property in the City upon which tangible
personal property acquired from sources outside the City is attached or
affixed who has not paid the tax imposed by this chapter thereon to a
vendor required or authorized to collect the same, shall make a return and
pay the tax due to the Director of Finance within thirty (30) days from the
purchase or lease of such tangible personal property.
§104-22. Remittance of tax on other than monthly basis.
If the accounting method regularly employed by the vendor in the
transaction of his business or other conditions are such that reports of
sales made on a calendar-month basis will impose unnecessary hardship on
the vendor, the Director of Finance may, upon written request of the
vendor, accept returns at such intervals as will , in the Director's
opinion, better suit the convenience of the vendor and will not jeopardize
the collection of the tax; provided however, that the Director of Finance
may, by rule, permit a vendor whose monthly tax collected is less than
fifty dollars ($50) to make returns and pay taxes at intervals greater than
one (1) month. The Director of Finance may require a bond or other
financial guarantee to secure payment of the tax on such less frequent
basis and may revoke permission to pay the tax on such basis if payment of
the tax due becomes delinquent.
§104-23. Form of tax returns; signature required.
A. The returns to be filed by the taxpayer shall contain such
information and be made in such manner and upon such forms as the
Director of Finance may prescribe.
B. Each return shall be signed by one of the following, depending
upon the nature of the taxpayer:
sole proprietorship - owner or authorized agent
partnership - general partner or authorized agent
corporation - president or authorized agent
estate - personal representative
trust - trustee
other - authorized representative
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A penalty of ten dollars ($10) shall be charged to and due from
the taxpayer for each return filed with the Director of Finance
without the appropriate signature.
§104-24. Consolidation of returns.
A vendor doing business in two (2) or more places or locations,
whether within or without the City, and collecting taxes hereunder may file
one (1) return covering all such places or locations when accompanied by a
supplemental report showing the gross and net taxable sales and the taxes
collected thereon for each such place or location.
ARTICLE IV
Refunds
§104-25. Tax disputes.
Vendors engaged in business in the City shall collect and purchasers
and users shall pay the taxes levied by this chapter, notwithstanding the
fact that either vendor, purchaser or user disputes the tax liability or
claims an exemption. If the application of the tax to any transaction is
disputed, the vendor shall collect and the purchaser or user shall pay the
tax, and the taxpayer may thereafter apply to the Director of Finance for a
refund of such taxes paid, as provided in this chapter.
§104-26. Procedure for refund of disputed tax.
A refund shall be made or credit allowed for the tax paid under
dispute by any person who claims that the transaction or item was not
taxable or claims an exemption as provided in this chapter. Such refund
shall be made by the Director of Finance after compliance with the
following:
A. Application. An application for a refund of sales or use tax paid
under dispute by a purchaser or user who claims an exemption under
Section 104-3C or Section 104-4B shall be made within sixty (60)
days after the date of purchase, storage, use or consumption of
the goods or services whereon an exemption is claimed. An
application for refund of taxes paid in error or by mistake shall
be made within three (3) years after the date of purchase,
storage, use or consumption of the goods for which the refund is
claimed. Such applications must be accompanied by the original
paid invoice or sales receipt and must be made upon such forms as
shall be prescribed and furnished by the Director of Finance.
B. Burden of proof. The burden of proving that any transaction or
item is not taxable or is exempt from the tax shall be upon the
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person asserting such claim under such reasonable requirements of
proof as the Director of Finance may prescribe.
C. Decisions. Upon receipt of an application, the Director of
Finance shall examine the same with all due speed and shall give
written notice to the applicant of his decision thereon.
D. Hearing. An applicant whose application for a refund has been
denied may, within ten (10) days after such decision is mailed to
him, petition the Director of Finance for a hearing on the claim.
The Director of Finance shall notify the applicant in writing of
the time and place of the hearing. After such hearing, the
Director of Finance shall make such order in the matter as he
deems just and proper and shall furnish a copy of such final order
to the applicant.
§104-27. Right of refund not assignable.
The right of any person to a refund under this chapter is not
assignable. An application for a refund must be made by the individual who
paid the tax, as shown on the sales receipt or invoice of the sale.
§104-28. Action for recovery of refund.
If any such person obtains any refund unlawfully, the Director of
Finance is hereby empowered and directed to bring appropriate action for
recovery of such refund. A conviction of a violation of Section 104-56E
shall constitute prima facie evidence that all refunds received by such
person pursuant to the application which contained the false statement were
obtained unlawfully.
ARTICLE V
Administration
§104-29. Preservation of returns and other records; confidentiality.
A. Returns shall be preserved for a period of three (3) years from
the date of filing with the Director of Finance, after which time
the Director of Finance may order them destroyed.
B. Except in accordance with a court order or as otherwise provided
by law, the City and its agents and employees shall not divulge or
make known in any way any information obtained from any
investigation conducted by the Finance Department or its agents or
disclosed in any application, report, return or any other document
kept, filed or maintained under the provisions of this chapter
except such information as is displayed on the tax license. The
persons charged with the custody of such applications, reports,
returns or other documents shall not be required to produce any of
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them or evidence of anything contained therein in any action or
proceeding in any court, except on behalf of the Director of
Finance in an action or proceeding under the provisions of this
chapter to which he or the City is a party, or on behalf of any
party to any action or proceeding under the provisions of this
chapter when the report of facts shown thereby is directly
involved in such action or proceeding, in either of which events
the court may require the production of, and may admit in
evidence, so much of said reports or of the facts shown thereby as
are pertinent to the action or proceeding and no more.
C. Nothing in this section shall be construed to prohibit the
delivery to a person or a duly authorized representative thereof
of a copy of any application, report, return or any other document
kept, filed or maintained in connection with such person's tax
liability. Copies of such documents may be certified by the
Director of Finance and when so certified shall be evidence
equally with the originals and may be received as evidence of
their contents.
D. Nothing in this section shall be construed to prohibit the
publication of statistics so classified as to prevent the
identification of particular reports or returns and the contents
thereof, or the inspection of any documents by the City Attorney
or other legal representatives of the City.
E. Notwithstanding the provisions of this section, the Director of
Finance may furnish to the taxing officials of the State of
Colorado or its political subdivisions, any other state or its
political subdivisions, or the United States any information
contained in any application, report, return or any other document
if the recipient jurisdiction agrees with the Director of Finance
to grant similar privileges to the City and if such information is
to be used by the jurisdiction only for tax-related purposes.
§104-30. Records and accounts to be kept.
It is the duty of every person engaged in business in the City for the
transaction of which a license is required by this chapter to keep and
preserve suitable records of all sales, purchases and leases made by him,
and such other books or accounts as may be necessary to determine the
amount of tax for the collection or payment of which he is liable
hereunder. It is the duty of every such person to keep and preserve all
such books, invoices and other records for a period of three (3) years and
such items shall be open for examination in the City at any time by the
Director of Finance.
§104-31. Examination of returns; recomputation, credits, deficiencies.
As soon as practicable after a return is filed, the Director of
Finance shall examine it. If it appears that the correct amount of tax to
be remitted may be greater or less than that shown in the return, the tax
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shall be recomputed by the Director of Finance. If the amount paid exceeds
that which is due, the excess shall be refunded or credited against any
subsequent remittance from the taxpayer. If the amount paid is less than
the amount due and any part of the deficiency is due to negligence or
intentional disregard of the provisions of this chapter or of authorized
rules and regulations of the City with knowledge thereof but without intent
to defraud, the amount of the deficiency together with a penalty of ten
percent (10%) of the amount of the deficiency plus interest on both the
deficiency and the penalty at the rate imposed under Section 104-38 from
the date the return and tax was due shall be due and payable by the
taxpayer within ten (10) days after written notice and demand is sent to
him by the Director of Finance. If any part of the deficiency is due to
fraud with the intent to evade the tax, then there shall be added a penalty
of one hundred percent (100%) of the deficiency and in such case, the
amount of the deficiency, the penalty and interest calculated as stated
above shall be due and payable by the taxpayer within ten (10) days after
written notice and demand is sent to him by the Director of Finance and an
additional three percent (3%) per month on said amount shall be added from
the date the return and tax was due until paid.
§104-32. Investigation of tax records of vendor.
For the purpose of ascertaining the correctness of a return, or for
the purpose of determining the amount of tax due from any person, whether
licensed under this chapter or not, the Director of Finance may hold
investigations, including audits, and hearings concerning any matters
covered by this chapter, and may examine any relevant books, papers,
records or memoranda of any such person and may require the attendance of
such person, or any officer or employee of such person, or of any person
having knowledge of transactions involved, and may take testimony and proof
for his information. The Director of Finance shall have the power to
administer oaths to such persons.
§104-33. Subpoenas and witness fees.
All subpoenas issued under the terms of this chapter may be served by
any person over the age of eighteen (18) years. The fee of witnesses for
attendance in response to a subpoena shall be the same as the fees of
witnesses before the District Court, such fees to be paid when the witness
is excused from further attendance. When the witness is subpoenaed at the
instance of the Director of Finance, such fees shall be paid by the City
but when a witness is subpoenaed at the instance of any other party to such
proceeding, the Director of Finance may require that the cost of service of
the subpoena and the fee of the witness be borne by the party at whose
instance the witness is summoned. In such case, the Director of Finance,
in his discretion, may require a deposit to cover the cost of such service
and witness fees prior to issuing such subpoenas. A subpoena issued as
aforesaid shall be served in the same manner as a subpoena issued out of a
court of record.
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§104-34. Attendance of witnesses and production of evidence to be be
compelled by district judge.
Any district judge of the District Court, upon the application of the
Director of Finance, may compel the attendance of witnesses, the production
of books, papers, records or memoranda and the giving of testimony before
the Director of Finance or his agent, by an action for contempt, or
otherwise, in the same manner as the production of evidence may be
compelled before said Court.
§104-35. Depositions.
The Director of Finance, or any party to an investigation or hearing
before the Director of Finance, may cause the deposition of witnesses
residing within or without the state to be taken in the manner prescribed
by law for depositions in civil actions in courts of this state and to that
end compel the attendance of witnesses and the production of books, papers,
records or memoranda.
ARTICLE VI
Enforcement
§104-36. Failure to make return; improper registration; estimate of taxes,
notice; appeal ; audit.
A. If any person fails, neglects or refuses to collect the tax or to
file a return and pay the tax as required by this chapter, the
Director of Finance shall make an estimate of the tax due based on
available information and shall add thereto a penalty equal to the
sum of fifteen dollars ($15) or ten percent (10%) thereof,
whichever is greater, and interest on such delinquent taxes at the
rate imposed by Section 104-38 plus one-half percent (112%) per
month from the date the return and tax was due, not exceeding
eighteen percent (18%) in the aggregate.
B. In addition to the penalties contained in Section 104-57 for
violation of the provisions of this chapter and in addition to the
penalties and interest which may be payable under the provisions
of Subsection (A) above, any person who registers a motor vehicle
in violation of the following provisions of this Subsection shall
be subject to a civil penalty of five hundred dollars (E500) .
Such violation shall be determined by the Director of Finance or
his designated representative, and shall be assessed by and paid
to said Director of Finance according to the provisions of this
section if such motor vehicle should properly have been registered
at an address within the City.
1 . For purposes of this subsection, a person's residence shall be
his principal or primary home or place of abode, to be
determined in the same manner as residency for voter
registration purposes as provided in Sections 1-2-103 and
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31-10-201, C.R.S. ; except that "voter registration" shall be
substituted for "motor vehicle registration" as a circumstance
to be taken into account in determining such principal or
primary home or place of abode.
2. Except as may be otherwise provided for by rule or regulation
of the Executive Director of the Department of Revenue for the
State of Colorado, it is unlawful for any person who is a
resident of the city to register any motor vehicle owned by
him or to obtain a license therefor or to procure a
certificate of title thereto at any address other than:
a. For a motor vehicle which is owned by a business and
operated primarily for business purposes, the address from
which such vehicle is principally operated and maintained;
or
b. For any motor vehicle for which the provisions of
Subparagraph (a) of this subsection do not apply, the
address of the owner's residence; except that, if a motor
vehicle is permanently operated and maintained at an
address other than the address of the owner's residence,
such motor vehicle shall be registered at the address from
which such motor vehicle is permanently operated and
maintained.
C. The Director of Finance shall serve upon the delinquent taxpayer
personally or by first class mail directed to the last address of
the taxpayer on file with the City written notice of such
estimated taxes, penalty and interest.
D. Such notice shall constitute a Notice of Determination, Assessment
and Demand for Payment and such assessment shall be due and
payable from the taxpayer to the Director of Finance within ten
(10) days from the date of service of the notice or the date of
mailing; provided, however, that within said ten (10) day period,
such delinquent taxpayer may petition the Director of Finance for
a revision of such assessment, which petition must include the
facts and figures supporting the revised amount of such taxes.
E. Such petition shall be in writing and shall be given under oath of
said taxpayer. Such petition may include a request for a hearing.
F. In response to the petition, if a hearing was requested, the
Director of Finance shall notify the petitioner in writing of the
time and place of the hearing. After such hearing, or after a
consideration of the facts and figures contained in the petition
if no hearing is requested, the Director of Finance shall make
such order in the matter as he deems just and proper and shall
furnish a copy of such order to the petitioner.
G. The Director of Finance may, at any time within three (3) years of
the date the tax was due, conduct an audit of the books and
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records of the taxpayer to determine the exact amount of tax due
and charge the taxpayer for any amount found to be due in excess
of the amount previously paid, whether such amount was paid
pursuant to a return filed by the taxpayer or a Notice of
Determination, Assessment and Demand for Payment.
§104-37. Assessment and recurring assessment penalty.
If any taxpayer has failed, neglected or refused to pay the tax
imposed by this chapter within the time specified for payment, the Director
of Finance may assess the following penalties, in addition to the taxes,
penalties and interest provided for elsewhere in this chapter, said
additional amount being imposed to compensate the City for administrative
and collection costs incurred in collecting such delinquent taxes:
A. Upon the first or second issuance of a Notice of Determination,
Assessment and Demand for Payment within twelve (12) months,
fifteen dollars ($15.00) per notice.
B. Upon the third , fourth or fifth issuance of a Notice of
Determination, Assessment and Demand for Payment within twelve
(12) months, twenty-five dollars ($25.00) or fifteen percent (15%)
of the delinquent taxes, penalties and interest, whichever is
greater, per notice.
C. Upon the sixth or more issuance of a Notice of Determination,
Assessment and Demand for Payment within twelve (12) months, fifty
dollars ($50.00) or thirty percent (30%) of the delinquent taxes,
penalties and interest, whichever is greater, per notice.
§104-38. Rate of interest; method of calculation.
When interest is required or permitted to be charged under any
provision of this chapter, the annual rate of interest shall be that
established by the State Commissioner of Banking pursuant to Section
39-21-110.5, C.R.S. For the purpose of calculating the amount of interest
due, the date the return and tax was due shall be determined without regard
to any extension of time for payment and shall be determined without regard
to any Notice of Determination, Assessment and Demand for Payment issued,
by reason of jeopardy, prior to the last date otherwise prescribed for such
payment. §104-39. Tax constitutes lien.
A. The sales and use tax imposed by this chapter, together with all
penalties and interest pertaining thereto, is a first and prior
lien upon the goods, stock in trade, and business fixtures in
which the vendor has an ownership interest except for goods that
have been purchased in the ordinary course of business by retail
purchasers and such lien takes priority over other liens or claims
of whatsoever kind or nature on such property.
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B. The sales and use tax imposed by this chapter, together with all
penalties and interest pertaining thereto, is a first and prior
lien on the real and personal property of the taxpayer other than
the goods, stock in trade, and business fixtures in which the
taxpayer has an ownership interest, except as to pre-existing
liens or claims of a bona fide mortgagee, pledgee, judgment
creditor, or purchaser whose rights have attached prior to the
filing of the notice of lien provided for in subsection D of this
section on the property of the taxpayer.
C. Whenever the business or property of any taxpayer is placed in
receivership, bankruptcy, seized under distraint for nonpayment of
property taxes, or an assignment is made for the benefit of
creditors, all taxes, penalties, and interest imposed by this
chapter and for which the taxpayer is in any way liable under this
chapter are a prior and preferred claim against all the property
of the taxpayer, except as to pre-existing claims or liens of a
bona fide mortgagee, pledgee, judgment creditor, or purchaser
whose rights have attached prior to the filing of the notice of
lien provided for in subsection C of this section on the property
of the taxpayer, other than the goods, stock in trade, and
business fixtures of such taxpayer. No sheriff, receiver,
assignee, or other officer shall sell the property of any taxpayer
subject to the provisions of this chapter under process or order
of any court without first ascertaining from the Director of
Finance the amount of any taxes, penalties, or interest due and
payable under this chapter and if there are any such taxes,
penalties or interest due, owing or unpaid, it is the duty of such
officer to first pay the amount of said taxes, penalties, or
interest out of the proceeds of such sale before paying any monies
to judgment creditors or other claimants, except that the officer
may pay costs of the proceedings and other pre-existing liens or
claims as provided in this subsection.
D. If any tax, penalty, or interest imposed by this chapter and shown
due by returns filed by the taxpayer or by assessments made by the
City as provided in this chapter is not paid within five (5) days
after it is due, the Director of Finance may issue a notice,
setting forth the name of the taxpayer, the amount of the tax,
penalties, and interest, the date of its accrual , and the fact
that the City claims a first and prior lien therefor on the real
and personal property of the taxpayer, except as to pre-existing
liens or claims of a bona fide mortgagee, pledgee, judgment
creditor, or purchaser whose rights have attached prior to the
filing of the notice on the property of the taxpayer, other than
the goods, stock in trade, and business fixtures in which the
taxpayer has an ownership interest. The notice of lien shall be
made on forms prescribed by the Director of Finance and verified
by the Director of Finance or his agent and may be filed in the
office of the clerk and recorder of any county in the state in
which the taxpayer owns real or personal property or with any
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person in possession of any personal property or rights to
property belonging to the taxpayer.
E. The Director of Finance shall release any lien as shown on the
records of the county clerk and recorder as herein provided, upon
payment of all taxes, penalties, and interest covered thereby, in
the same manner as mortgages and judgments are released.
§104-40. Lien on construction improvements.
A. The full amount of unpaid taxes arising from and required to be
reported pursuant to the provisions of Section 104-15 and Section
104-21 together with interest and penalties as herein provided,
are a first and prior lien on the property of the taxpayer and
take priority over all other liens of whatsoever kind and nature,
except for liens for general taxes created by state law and
pre-existing liens or claims of a bona fide mortgagee, pledgee,
judgment creditor, or purchaser whose rights have attached prior
to the filing of the notice of lien provided for in Section
104-39.
B. The City Building Inspector shall not make a final inspection on
or issue a certificate of occupancy for any construction project
unless a person has paid or arranged with the Director of Finance
to pay all taxes due under this chapter on all lumber, fixtures,
minerals and any other building materials and supplies or tangible
personal property used in or connected with the construction,
reconstruction , alteration , expansion , modification , or
improvement of any building, dwelling, or other structure or
improvement to real property in the City.
§104-41. Sate of business subject to lien.
A. Any person who sells a business or stock of goods or closes a
business shall complete and file the returns required under this
chapter and pay the taxes, penalties and interest due within ten
(10) days of the date on which such person sold the business or
stock of goods or closed the business and indicate that it is a
final return, that the business is sold or closed, and the name
and address of the purchaser of the business, if any.
B. A purchaser of a business who has acquired the furniture,
fixtures, and/or equipment of the business shall withhold
sufficient funds from the purchase money to cover the amount of
taxes, penalties and interest imposed by this chapter due and
unpaid until the seller provides a receipt from the Director of
Finance showing that such taxes, penalties, and interest have been
paid. If taxes, penalties, and interest imposed by this chapter
are due and unpaid after the ten (10) day period herein provided,
such purchaser of the business is personally liable for the
payment of the taxes, penalties and interest imposed by this
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chapter due and unpaid to the City to the same extent as the
seller of the business or stock of goods.
C. Any person who obtains by purchase, foreclosure sale, or
otherwise, except at a sale conducted pursuant to Section 104-44E,
any goods, stock in trade, or business fixtures owned, leased, or
used by any person takes them subject to the lien of the City for
any delinquent taxes owed by the prior owner of the property and
is liable to pay all delinquent taxes of the prior owner, but only
up to and including the value of property so acquired.
§104-42. Certificate of discharge of lien.
A. If any real or personal property is subject to a lien for payment
of tax due to the City under this chapter, the Director of Finance
may issue a certificate of discharge of any part of the property
subject to the lien if the Director finds that the fair market
value of that part of such property remaining subject to the lien
is at least twice the amount of the unsatisfied tax liability plus
the value of any liens on the property that have priority over the
City's lien.
B. If any real or personal property is subject to a lien for payment
of tax due to the City under this chapter, the Director of Finance
may issue a certificate of discharge of any part of the property
subject to the lien if the Director is paid in partial
satisfaction of the tax liability an amount determined by the
Director to be not less than the value of the City's interest in
the part of the property so discharged. In determining the value
of the part of the property to be discharged, the Director shall
consider the fair market value of the property and the value of
any liens on the property that have priority over the City's lien.
C. A certificate of release of lien issued under this section is
conclusive evidence that the City's lien upon the property is
extinguished, but does not extinguish or release any portion of
the lien on property not specified in the release.
§104-43. Jeopardy assessment.
A. If the Director of Finance finds that collection of the tax will
be jeopardized for any reason, the Director may declare the
taxable period immediately terminated, determine the tax, and
issue a Notice of Determination, Assessment and Demand for Payment
thereof. Notwithstanding the provisions of Section 104-36, the
tax shall then be due and payable forthwith, and the Director may
proceed to collect the tax as provided in Section 104-44.
B. If the taxpayer subject to a jeopardy assessment provides security
for payment of the tax satisfactory to the Director of Finance,
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the Director may forego the jeopardy assessment collection
proceedings.
§104-44. Enforcing the collection of taxes due.
A. The Director of Finance may issue a warrant directed to any
employee, agent, or representative of the City or any sheriff of
any county of the state, commanding such person to distrain,
seize, and sell any personal property in which the taxpayer has an
ownership interest, except such property as is exempt from the
execution and sale by any statute of the state, for the payment of
tax due together with interest and penalties thereon and costs of
execution in the following circumstances:
(1) When any deficiency in tax is not paid within ten (10) days
from the date of the Notice of Determination, Assessment and
Demand for Payment and no hearing or extension has been
requested in a timely manner;
(2) When any deficiency in tax is not paid within thirty (30)
days from the date of the Notice of Determination, Assessment
and Demand for Payment and no appeal from such notice has
been docketed in the Larimer County District Court during
such time, except that if the Director of Finance finds that
collection of the tax will be jeopardized during such period,
the Director may immediately issue a distraint warrant;
(3) When any deficiency in tax is not paid within the time
prescribed in the judgment and order of court on any appeal
to the Larimer County District Court;
(4) Immediately upon making a jeopardy assessment or issuing a
demand for payment upon jeopardy assessment as provided in
Section 104-43; or
(5) After or concurrently with the filing of a notice of lien as
provided in Subsection 104-39D.
B. The Director of Finance may apply to the Judge of the Municipal
Court for a warrant authorizing the Director of Finance to search
for and seize property located within the City limits for the
purpose of enforcing the collection of taxes under this chapter.
The Municipal Judge shall issue such warrant after the Director
demonstrates that:
(1) The premises to which entry is sought contain property that
is subject to levy and sale for taxes due; and
(2) At least one of the preconditions of subsection A of this
section have been satisfied, but if a jeopardy assessment has
been declared under Section 104-43, the Director of Finance
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must set forth the reasons that collection of the tax will be
jeopardized.
C. The procedures to be followed in issuing and executing a warrant
pursuant to this subsection shall comply with Rule 241(c) and (d)
of the Colorado Municipal Court Rules of Procedure.
D. The taxpayer may contest a warrant previously issued under the
procedure provided by Rule 241(e) of the Colorado Municipal Court
Rules of Procedure, except that no proceeding to contest such
warrant may be brought after five (5) days prior to the date fixed
for sale of the distrained property.
E. The agent charged with the collection shall make or cause to be
made an account of the goods or effects distrained, and shall
leave a copy of such account, signed by the agent making such
distraint, with the owner or possessor of the property, at the
owner's or possessor's usual place of abode with some family
member over the age of eighteen years, at the owner's or
possessor's usual place of business with a stenographer,
bookkeeper, or chief clerk, or, if the taxpayer is a corporation,
with any officer, manager, general agent, or agent for process,
with a statement of the sum demanded and the time and place of
sale. The agent charged with collection shall forthwith cause to
be published a notice of the time and place of sale and a
description of the property to be sold in a newspaper within the
county wherein distraint is made, or, in lieu thereof and in the
discretion of the Director of Finance, the agent or sheriff shall
cause such notice to be publicly posted at the courthouse of the
county wherein such distraint is made and copies thereof shall be
posted in at least two other public places within said county.
The time fixed for the sale shall not be less than ten (10) days
nor more than sixty (60) days from the date of such notification
to the owner or possessor of the property and the publication or
posting of such notices. The sale may be adjourned or postponed
from time to time by the agent or sheriff, if the agent or sheriff
deems it advisable, to a date certain but not for a time to exceed
in all ninety (90) days from the date first fixed for the sale.
When any personal property is advertised for sale under distraint,
the agent or sheriff making the seizure shall proceed to sell such
property at public auction, offering the property at not less than
a fair minimum price that includes the expenses of making the
seizure and of advertising the sale. If the amount bid for the
property at the sale does not equal the fair minimum price so
fixed, the agent or sheriff conducting the sale may declare the
same to be purchased for the City. The property so purchased may
then be sold by the agent or sheriff under such regulations as may
be prescribed for disposing of City property. The goods,
chattels, or effects so distrained shall be restored to the owner
or possessor, if, prior to the sale, the amount due is paid
together with the fees and other charges, or they may be redeemed
by any person holding a chattel mortgage or other evidence of
right of possession.
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F. In all cases of sale, the agent or sheriff making the sale shall
issue a certificate of sale to each purchaser, and such
certificate is prima facie evidence of the right of the agent or
sheriff to make such sale and conclusive evidence of the
regularity of the proceedings in making the sale; it transfers to
the purchaser all right, title, and interest of the delinquent
taxpayer in and to the property sold. Where such property
consists of certificates of securities or other evidence of
indebtedness in the possession of the agent or sheriff, the
taxpayer shall endorse such certificates to the purchaser thereof
and supply the purchaser with proof of the taxpayer's authority to
transfer the same or with any other requisite that may be
necessary to obtain registration of the transfer of the
certificate. Any surplus remaining above first the City's taxes,
penalties, interest, costs, and expenses of making the seizure and
of advertising the sale and then any amounts distributed pro rata
to other jurisdictions under recorded sales and use or personal
property ad valorem tax liens shall be returned to the property
owner or such person having a legal right to the property and, on
demand, the Director of Finance shall render an account in writing
of the sale.
G. In any case where a taxpayer has refused or neglected to pay any
tax due to the City under this chapter and a lien has been filed
as provided in Subsection 104-39D, the Director of Finance may, in
addition to pursuing other collection remedies, certify the amount
of the tax, penalties and interest due, together with ten percent
(10%) of the delinquent amount for costs of county collection, to
the Larimer County Treasurer to be levied against the person's
property for collection by the County in the same manner as
delinquent general taxes upon such property are collected. Before
certifying such amounts to the County for collection, the Director
of Finance shall provide to the property owner an opportunity for
a hearing to contest the authority of the City to incur the tax,
or the amount thereof. The Director shall mail the notice to the
property owner by first class mail addressed to the last known
owner of the property on the records of the Larimer County
Assessor. If the Director's decision after a hearing affirms the
imposition of charges, the decision shall include notice that the
charges are due and payable within ten (10) days of the date of
the decision and that, if not paid when due, they will be
certified to the Larimer County Treasurer for collection, along
with ten percent (10%) of the charges for the cost of county
collection. Whenever the Director certifies any such amounts to
the Larimer County Treasurer for collection, the Director shall
record notice of such certification with the Larimer County Clerk
and Recorder.
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§104-45. Recovery of unpaid tax by action at law.
A. In addition to other remedies provided in this chapter, the
Director of Finance may treat any such taxes, penalties or
interest due and unpaid as a debt due to the City from the
taxpayer. If a taxpayer fails to pay the tax, or any portion
thereof, or any penalty or interest thereon, when due, the
Director of Finance may recover at law the amount of such taxes,
penalties and interest in any county or district court of the
county wherein the taxpayer resides or has a principal place of
business that has jurisdiction over the amounts sought to be
collected. The return filed by the taxpayer or the Notice of
Determination, Assessment and Demand for Payment issued by the
Director of Finance is prima facie proof of the amount due.
B. The City Attorney is hereby authorized upon request by the
Director of Finance to commence any legal action or suit for the
recovery of the tax due under this chapter.
C. Such actions may be actions in attachment, and writs of attachment
may be issued to the sheriff. In any such proceedings no bond
shall be required of the City nor shall any sheriff require of the
Director of Finance an indemnifying bond for executing the writ of
attachment or writ of execution upon any judgment entered in such
proceedings. The City may also prosecute appeals or writs of
error in such cases without the necessity of providing bond
therefor.
D. In any case in which a taxpayer has refused or neglected to pay
any tax, penalty, or interest due to the City under this chapter
and a lien has been filed upon any real or personal property, the
Director of Finance may cause a civil action to be filed in the
district court of the county in which is situated any such
property subject to said lien to enforce the lien and subject any
real or personal property or any right, title, or interest in such
property to the payment of the amount due. The court shall decree
a sale of such real property and distribute the proceeds of such
sale, according to the court's findings concerning the interest of
the parties and of the City. The proceedings in such action, the
manner of sale, the period for and manner of redemption from such
sale, and the execution of deed of conveyance shall be in
accordance with the law of foreclosures of mortgages upon real
property. In any such action, the court may appoint a receiver of
the property involved in such action if equity so requires.
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§104-46. City may be party in title actions.
In any action affecting the title to real property or the ownership or
right to possession of personal property, the City may be made a party
defendant for the purpose of obtaining an adjudication or determination of
its lien upon the property involved therein.
§104-47. Injunctive relief.
The Director of Finance may seek injunctive or other equitable relief
in any court of competent jurisdiction to enforce provisions of this
chapter.
§104-48. Waiver of penalties by Director of Finance.
The Director of Finance is hereby authorized to waive, for good cause
shown, any penalty or fee imposed under this chapter.
§104-49. Obligations of fiduciaries and others.
A. For the purpose of facilitating settlement and distribution of
estates, trusts, receiverships, other fiduciary relationships and
the assets of corporations in the process of dissolution or that
have been dissolved, the Director of Finance may agree with the
fiduciary or surviving corporate directors upon an amount of taxes
due from the decedent or from the decedent's estate, the trust,
receivership or other fiduciary relationship, or corporation for
any of the periods of tax liability under this chapter. Payment
in accordance with such agreement fully satisfies the tax
liability for the periods that the agreement covers, unless the
taxpayer has committed fraud or malfeasance or misrepresented a
material fact regarding the tax or liability therefor.
B. Except as provided in subsection D of this section, any personal
representative of a decedent or the estate of a decedent, any
trustee, receiver, or other person acting in a fiduciary capacity,
or any director of a corporation in the process of dissolution or
that has been dissolved who distributes the estate or fund under
such person's control without having first paid any taxes covered
by this chapter due from such decedent, decedent's estate, trust
estate, receivership, or corporation and that may be assessed
within the periods authorized by this chapter is personally liable
to the extent of the property distributed by such person for any
unpaid taxes of the decedent, decedent's estate, trust estate,
receivership, or corporation imposed by or due under this chapter
and assessed within the periods authorized by this chapter.
C. The distributee of a decedent's estate, a trust estate, or fund
and the stockholder of any dissolved corporation who receives any
of the property of such decedent's estate, trust estate, fund, or
corporation is liable under this chapter to the same extent that
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the decedent, trust estate, fund or corporation is liable under
this chapter.
D. If a tax under this chapter is due from a decedent or the
decedent's estate, personal liability of the persons set forth in
this section remains in effect only if a determination of the tax
due is made and notice and demand therefor issues within eighteen
(18) months after the decedent's personal representative files
with the Director of Finance a written request for such
determination, filed after it has filed the decedent's final
return or the decedent's estate's return to which the request
applies. A request for determination under this subsection does
not extend the otherwise applicable period of limitation.
E. If a tax under this chapter is due from a corporation that is in
the process of dissolution or has been dissolved, personal
liability of directors or stockholders as provided in this section
remains in effect only if a determination of the tax due is made
and notice and demand therefor issued within eighteen (18) months
after the corporation files with the Director of Finance a written
request for such determination, filed after it has filed the
corporation's return, but only if the request states that the
dissolution was begun in good faith before the expiration of the
eighteen (18) month period and the dissolution is completed. A
request for determination under this subsection does not extend
the otherwise applicable period of limitation.
ARTICLE VII
Miscellaneous
§104-50. Review of decisions of Director of Finance.
The taxpayer may apply for a review of the decision of the Director of
Finance in the Larimer County District Court in accordance with Rule 106 of
the Colorado Rules of Civil Procedure. Such review must be sought not
later than twenty (20) days after the date of the decision of the Director.
§104-51. Review bond required.
For transactions consummated on or after January 1, 1986, within
fifteen (15) days after making application to the district court for review
of the decision of the Director of Finance, the party making such
application shall file with the district court a surety bond in twice the
amount of the taxes, penalties, interest, and other charges stated in the
final decision by the Director of Finance which are contested on appeal .
The taxpayer may, at his option, satisfy the surety bond requirement by a
savings account or deposit in or a certificate of deposit issued by a state
or national bank or by a state or federal savings and loan association, in
accordance with the provisions of Section 11-35-101(1) , C.R.S. , equal to
twice the amount of the taxes, penalties, interest, and other charges
stated in the final decision by the Director of Finance. The taxpayer may,
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at his option, deposit the disputed amount with the Director of Finance in
lieu of posting a surety bond. If such amount is so deposited, no further
interest shall accrue on the contested amount during the pendency of the
action. At the conclusion of the action, after appeal or after the time
for such appeal has expired, the funds deposited shall be, at the direction
of the court, either retained by the Director of Finance and applied
against the amount due or returned in whole or in part to the taxpayer with
interest at the rate imposed by Section 104-38 from the date it was paid to
the Director of Finance. No claim for refund of amounts deposited with the
Director of Finance need be made by the taxpayer in order for such amounts
to be repaid in accordance with the direction of the court.
§104-52. Notices.
All written notices required to be given to any taxpayer under the
provisions of this chapter shall be hand delivered or mailed, postage
prepaid, addressed to said taxpayer at the last known address of the
taxpayer on file with the City.
§104-53. License and tax in addition to all other licenses and taxes.
The license and tax imposed by this chapter shall be in addition to
all other licenses and taxes imposed by law, except as herein otherwise
provided.
§104-54. Hearings to be held in City.
Every hearing before the Director of Finance shall be held in the City
of Fort Collins.
§104-55. Administration by Director of Finance; rules and regulations.
The administration of all provisions of this chapter is hereby vested
in and shall be exercised by the Director of Finance or his agents, who
shall prescribe forms and formulate and promulgate reasonable rules and
regulations in conformity with this chapter for the making of returns, for
the ascertainment, assessment and collection of taxes imposed and for the
proper administration and enforcement thereof.
§104-56. Violations.
A. It shall be unlawful for any vendor to fail to collect or for any
purchaser or user to fail to pay any tax levied by this chapter
regardless of whether the tax liability is disputed or an
exemption is claimed.
B. It shall be unlawful for any vendor to retain any tax collected in
excess of the rate stated in Section 104-5 or to fail to remit
punctually to the Director of Finance the full amount required by
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the provisions of this chapter, including taxes, penalties and
interest.
C. It shall be unlawful for any person to fail or refuse to make or
file any return required to be made or filed by this chapter or to
make any false or fraudulent return or any false or fraudulent
statement in any return.
D. It shall be unlawful for any person to do business without the
license required by this chapter or to continue to do business
after such license is revoked.
E. It shall be unlawful for any applicant for a tax refund to make a
false statement in connection with such application.
F. It shall be unlawful for any resident of the City or
representative of a business located in the City to register an
automotive vehicle purchased for use or storage in the City at any
address other than such resident's principal residence or place of
business within the City or such business' address within the City
for the purpose of evading the sales or use tax imposed by this
chapter. In the event of such registration, it shall be presumed
that the resident or representative of the business made such
registration for the purpose of evading the tax.
G. It shall be unlawful for any vendor to advertise or hold out or
state to the public or to any customer, directly or indirectly,
that the tax or any part thereof imposed by this chapter will be
assumed or absorbed by the vendor or that it will not be added to
the purchase price of the property sold, or, if added, that it or
any part thereof will be refunded.
H. It shall be unlawful for any person other than the City to enrich
himself or gain any benefit from the collection or payment of the
taxes levied by this chapter.
I. It shall be unlawful for any officer, agent or employee of the
City to divulge or make known in any way any information
classified herein as confidential , except in accordance with a
court order or as otherwise provided by law.
J. It shall be unlawful for any person to aid or abet another in any
attempt to evade the payment of the tax imposed by this chapter.
K. It shall be unlawful for any person to violate any other
provisions of this chapter.
§104-57. Penalty.
The penalty for violating any provision of this chapter shall be a
fine or imprisonment or both in the amounts stated in Section 1-23 of this
Code.
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§104-58. Purpose of tax; distribution of proceeds.
The City Council hereby declares that the purpose of the levy of the
tax imposed by this chapter is for the raising of funds for the payment of
the expenses of operating the City and for capital improvements; and in
accordance with these purposes, all of the proceeds of said tax shall be
placed in and become a part of the general funds of the City except as
otherwise indicated in Section 104-5.
§104-59. Limitations.
A. Except as otherwise provided in this section, the taxes for any
period, together with interest thereon and penalties with respect
thereto, imposed by this chapter shall not be assessed, nor shall
any notice of lien be filed, distraint warrant be issued, bond be
collected upon, suit for collection be instituted, or any other
action to collect the same be commenced, more than three (3) years
after the date on which the tax was or is payable. In addition,
no lien shall continue after such period, except for taxes
assessed before the expiration of such period, when a notice of
lien regarding such taxes was filed prior to the expiration of
such period, in which case the lien shall continue for only one
(1) year after the filing of notice thereof.
B. For transactions consummated on or after January 1, 1986, the use
tax shall not be imposed with respect to the use or consumption of
tangible personal property in the City which occurs more than
three (3) years after the most recent sale of the property if,
within the three (3) years following such sale, the property has
been significantly used in Colorado for the principal purpose for
which it was purchased.
C. In the case of a false or fraudulent return filed with intent to
evade the tax and in the case of failure to file a return, the
tax, together with interest and penalties thereon, may be assessed
or proceedings for the collection of such taxes may be begun at
any time.
D. Before the expiration of such period of limitation, the taxpayer
and the Director of Finance may agree in writing to an extension
thereof, and the period so agreed on may be extended by subsequent
agreements in writing made before the expiration of the previously
agreed upon time.
E. Nothing in this section shall be construed to limit any right
accrued or to revive any liability barred by any statute in effect
on the effective date of this chapter.
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Section 2. Severability.
The City Council hereby declares that should any section, paragraph,
sentence, word or other portion of this ordinance be declared invalid for
any reason, such invalidity shall not effect any other portion or its
provisions, and the City Council hereby declares that it would have passed
all other portions of this ordinance and adopted all such other provisions,
independent of the elimination herefrom of any such portion which may be
declared invalid.
Introduced, considered favorably on first reading, and ordered
published in summary form this 19th day of August, A.D. 1986, and to be
presented for final passage on the 2nd day of September, A.D. 1986.
Mayor
TTEST:
City Clerk
1986.Passed and adopted on final reading this 2nd day of September, A.D.
Mayor
AT EST:
City Clerk
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