Ordinance 2008-1534 - Laserfiche WebLink

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was more than $75,000 shall file all returns and remit all city taxes re~c uired to be remitted by automated clearing house (ACHI pa ent through the Cit~signated bank. Section 2. Section 3.20.260.G of the Louisville Municipal Code is hereby amended to read as follows (words to be deleted shown in s~ikee~tt; words to be added underlined): G. Timely payment shall be evidenced by the postmark date if mailed or by the date the City receives confirmation that the funds have been received through the ACH payment; otherwise, timely payment shall be evidenced by the date on the receipt issued by the city cashier. Section 3. Chapter 3.20 of the Louisville Municipal Code is hereby amended by adding a new Section 3.20.412 to read as follows (words to be deleted shown in see~tt; words to be added underlined): Sec. 3.20.412. Remittance of tax; electronic database; retailer held harmless. A. Any retailer that collects and remits sales tax to the director of finance as provided in this chapter may use an electronic database of state addresses that is certified by the state department of~revenue pursuant to C.R.S. ~ 39-26-105.3, to determine the jurisdictions to which tax is owed. B. Any retailer that uses the data contained in an electronic database certified by the state department of revenue pursuant to C.R.S. § 39-26-105.3, to determine the jurisdictions to which tax is owed shall be held harmless for any taxes penalty, or interest owed the city that otherwise would be due solely as a result of an error in the electronic database, provided that the retailer demonstrates it used the most current information available in such electronic database on the date that the sale occurred. Each retailer shall keep and preserve such records as prescribed by the director of finance to demonstrate that it used the most current information available in the electronic database on the date that the sale occurred. C. Notwithstanding the above, if the error in collecting and remitting is a result of a deceptive representation, afalse representation, or fraud, the provisions of this section shall not apply. D. This provisions of subsection B of 1;his section shall be in effect until or unless the director of finance determines that the accuracy of the electronic address locator database falls below the standards set in C.R.S. § 39- 26-105.3. In the case of such determination, the city council ma ~~b~re ulg ation adopted pursuant to section 3.20.400.B and for a specified period of time, suspend the effect of said subsection B of this section. Section 4. This Ordinance shall take effect July 1, 2008. 2