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Section 5. Section 3.20.425 of the Louisville Municipal Code is hereby amended to <br /> read as follows (words to be deleted are stricken through; words to be added are underlined): <br /> Sec. 3.20.425 Assessment of taxes. <br /> A. If any taxpayer fails, neglects or refuses to collect the tax, or to make <br /> a return, or to pay in full the tax required by this chapter, then the finance director, <br /> based on such information as is available, shall make an estimate of the tax due. <br /> In addition to the estimated tax, there shall be added penalties and interest as <br /> provided in this chapter. <br /> A. For the purpose of ascertaining the correct total tax liability from any <br /> person engaged in business in the city, the finance director may conduct an audit <br /> by examining all books, accounts and records of such person. <br /> B. Any tax deficiency or overpayment ascertained through audit shall be <br /> computed by one or more of the following methods as the finance director deems <br /> appropriate: <br /> 1. By identifying transactions on which the tax was not properly or <br /> accurately collected or paid; <br /> 2. By identifying irregularities in the calculation of tax due; or <br /> 3. By estimating taxes due based on the results of testing taxpayer's <br /> records on a sample or other reasonable basis. <br /> C. If the finance director determines that any taxpayer has neglected <br /> or refused to provide adequate books, accounts and records requested for audit, or <br /> that any taxpayer has failed, neglected or refused to collect the tax, to make a <br /> return, or to pay in full the tax required by this chapter, the finance director shall <br /> estimate the total tax liability. Such estimate shall be based upon such <br /> information as may be available, with or without employing the investigative <br /> powers vested in the finance director by this chapter, and a notice of <br /> determination, assessment and demand for payment shall be issued. In addition to <br /> the estimated tax, there shall be added penalties and interest as provided in this <br /> chapter. <br /> D. An estimated notice of determination, assessment and demand for <br /> payment issued pursuant to this section shall be prima facie correct, and the <br /> burden of proof that the items, services, privileges, occupations, or other <br /> transactions, for which modifications or cancellations of such assessment are <br /> sought, are exempt from or not subject to taxation shall be on the taxpayer and <br /> Ordinance No. 1616, Series 2012 <br /> Page 4 of 8 <br />