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1987-04 Amending the KIB Code By Adding Chapter 3.26 Sales TaxKODIAK ISLAND BOROUGH % ORDINANCE N0. 87 -04-0 AN ORDINANCE OF THE KODIAK ISLAND BOROUGH AMENDING THE KODIA SLAND BOROUGH CODE BY ADDING CHAPTER 3.26 SALES TAX PROVIDING FOR THE LEVYUNG AND COLLECTION OF A SALES TAX AND PENALTIES FOR FAILURE TO COLLECT. WHEREAS, the State of Alaska Is projecting large reductidns in state funding for Kodiak Island programs such as education, municipal a4sistance and revenue sharing, and WHEREAS, the Kodiak Island Borough is responsible fp4 more than 328 million of programs in education, health and general proycami, and • WHEREAS, about 320 million of the revenue ta4aspOort these programs has come from the State of Alaska while about 31.6 millioa is collected 1- . local property tax from Kodiak Island Borough real a rsonal property owners, and WHEREAS. it is the desire of the Assembly to determine if the Kodiak Island Borough voters would prefer to spread the anticipated tax increases across more people with a sales tax or contin &go /raise all tax revenue from property owners only, and / WHEREAS, the ordinance setting a date for the voters to ratify or defeat the levy of a sales tax has been in1.Aa(uced. NOW, THEREFORE, BE IT ORDAINED y the Kodiak Island Borough Assembly 1 that Section I: This ordinance /Of a permanent and general nature and shall become a part of the Code of Ocdynances. Section 2: A new chap e-„ 3.26, Sales Tax, is hereby enacted Section 3: This or 4 e becomes effective on July 1, 1987 if passed by a majority of the voters voting on the question at a special election. PASSED AND APPROVED /this day of 1987. KODIAK ISLAND BOROUGH j, ATTEST: By Borol4h Clerk By By Borough Mayor Presiding Officer Firs Reading, Approval Date: Sec nd Reading, Public Hearing, Approval Date: Ad ption Date: E fective Date: July 1. 1987 Section CHAPTER 3.26 SALES TAX 3.26.010 Definitions 3.26.020 Levy of sales tax 3.26.030 General exemptions 3.36.040 Exemption of sales for resale 3.26.050 Senior citizens exemption 3.26.060 Certificate of exemption 3.26.070 Revocation of certificate of exemption 3.26.080 Installment payments 3.26.090 Accrual and collection 3.26.100 Allocation of sales tax proceeds 3.26.110 Tax collectors -- registration certificate 3.26.120 Failure to obtain registration certificate 3.26.130 Addition of tax 3.26.140 Assumption of lax prohibited 3.26.150 Tax schedule 3.26.160 Maximum taxable sale 3.26.170 Title to tax proceeds 3.26.180 Sales tax returns 3.26.190 Credit for taxes 3.26.200 Administrative costs and reimbursements 3.26.210 Penalty and interest 3.26.220 Determination of exemptions 3.26.230 Failure to collect taxes 3.26.240 Preservation of records -- collection of arrears tax 3.26.250 Failure to file return -- estimated tax 3.26.260 Returns confidential 3.26.270 Corrections of errors on tax returns 3.26.280 Refund of overpayment 3.26.290 Recovery of taxes 3.26.300 Lien to secure payment of tax 3.26.310 Foreclosure against real property 3.26.320 Collection by distraint and sale 3.26.330 Prohibited acts and penalties 3.26.340 Three year voter review 1 26.010 Defi ni tiong. As used in this chapter the following deli nil ions shall apply: (a) "Buyer" or "purchase" means a person who acquires an interest in real or personal property, or the right to use real or personal property, or who acquires services for consideration. (b) "Charitable organization" means an organization having as its primary purpose relief of the poor and distressed or of the underprivileged. (c) "Finance director" means the tax collector of the Kodiak Island Borough or an authorized agent of the Borough. (d) "Rental" means permitting the use or occupancy of real or personal property for consideration. (e) "Residential unit" means one or more rooms and a single kitchen in a dwelling designed as a unit for occupancy by not more than one family tor living or sleeping purposes. (f) "Residential uses" means for use within a residential unit. (9) "Sale" means a Transfer or exchange of any property, of every kind and description, or the right to use or occupy such property, for consideration. (h) "Sales price" or "charge" means the consideration whether money, credit, or other property or interest in property, without deduction for delivery costs, taxes, or any other expense. The receipt of property or an interest in property as consideration, the "sales price" or "charge" shall be based on the market value of the property or interest in property. (i) "Seller" means a person, whether acting as a principal, agent, or broker, who sells, leases, or rents real or personal property or provides services to another for consideration. 1 28.020 Levy of sales tax. (a) A sales tax of one (I) percent of the sales price or charge is levied on all sales, rentals. and services made within the borough. (b) For purposes of the tax levied by this section, a sale of tangible personal property is made within the borough if: 1. The sale le made by a business located within the borough and delivery occurs within the borough; 2. The sale is made by a business located within the borough, the order is received or solicited within the borough or payment is received within the borough, and delivery i5 made to a purchase within the Kodiak Island borough; or 3. The sale is made by a business located outside of the borough as a result of solicitation inside of the borough and payment or delivery occurs within the borough. (c) For the purposes of the tax levied by this section. services are made within the borough if, regardless of the location of the business rendering the services: I. The services. or any essential or substantial part thereof. are rendered within the borough, or 2. The order for the services is solicited or received within the borough or payment is received within the borough, the services are rendered by a business maintaining an office. agent, or employee within the borough, and the services benefit or directly relate to any person, property, or organization within the borough. (d) The sales tax on rentals is applicable for all real property located within the borough and to rentals of personal property from a business within the borough and from a business located outside the borough under circumstances which authorize the imposition of a sales tax were the property to have been sold rather than rented. 3.98.030 General exemptions. The following classes of sales, rentals, and services are exempt for the tax imposed by this chapter: (a) Casual and isolated sales and rentals of personal property, and services not rendered in the regular course of business of the seller. (b) Medical services performed by licensed medical doctors, dentists. osteopaths, optometrists, psychiatrists. psychologists, and chiropractors: sates of medicinal preparations and drugs prescribed by medical doctors, and ' hospital services. (c) Sales, rentals, and services to religious and charitable organizations as defined in subsections 501(c)(I), (3). and (s) of the Internal Revenue Code, for the conduct of regular religious or charitable functions and activities, and not for the support or maintenance of the general membership or for communal living. (d) Sales of food in school cafeterias and lunchrooms that are operated primarily for students. (e) Sales and services by non profit schools and student organizations within schools for support of the school, organization, or extracurricular activities or events. (f) Sales rentals, and services to the United States, the state of Alaska, and any agencies or political subdivisions thereof. (g) Dues or fees to clubs, labor unions, and fraternal organizations. (h) Subscriptions to newspapers and periodicals. (i) Sales of animal food, seed, plants, and fertilizers to farmers or ranchers for farm use. (j) Sales of insurance and bonds of guaranty and fidelity. (k) Funeral charges. (1) Transportation charges of commercial airlines, steamship companies, or air or boat charter operations. (m) Services rendered by banking or savings and loan institutions or credit unions. (n) Services rendered by an employee to an employer in the normal course of employment. (o) Sales, rentals, and services which the borough i5 prohibited from taxing by the constitution or laws of the United States of the state of Alaska. (p) Retail sales in dining rooms or cafeterias of food furnished by nonprofit organizations under programs wholly or partially supported by government funds. (q) Nursery and babysi tting services. (r) Long distance transmission of telephone and telegraph messages. (s) Sales of heating fuel exclusively for residential uses (not to include fuel used in or on watercraft). (t) Sales of electrical service to exclusively residential units. (u) Sales of propane gas exclusively for residential uses (e.g.. cooking, water heating, heating, clothes drying). (v) Sale of fuel used in stationary power plants that generate electrical energy exclusively for private residential consumption. (wl Sales, rentals, and services to nonprofit associations or organizations operated primarily for the purpose of planning, promoting, and conducting organized group activities for participants who are 18 years of age or less. (x) Charges for garbage /refuse collection for garbage /refuse generated exclusively by residential use (y) Sales of water and sewer utility services by a governmental unit. (z) Rentals and services of ports and harbor facilities owned and operated by a government unit. . 26 040 Exemption of sales for resale. The following sales of property and services are exempt for the sales tax: (a) Sales of property to wholesale dealers located in the borough who deal in property of the type sold, for the purpose of a subsequent sale by such dealer in the borough. (b) Sales to retail dealers located in the borough, who deal in property of the type sold, for the purpose of a subsequent retail sale by such dealer in the borough, which sale will be subject to the tax imposed by this chapter. Col Sales of tangible personal property to a person engaged in manufacturing within the borough of products sold primarily within the borough, which property is converted into or becomes an ingredient or component part of the manufactured product or a container therefor. or otherwise enters directly into the manufacturing process. (dl Sales to a building or construction contractor or subcontractor, for use on a project within the borough of building materials. supplies, and other tangible personal property to be incorporated or use as component parts of a completed structure, driveway, landscaping, and other portions of the project and services utilized directly in the construction, erection, landscaping, and similar work on the project. This exemption shall not apply to tools, equipment, fuel, clothing, food, and similar items of property utilized out not incorporated Into a project. 3 26.050 Senior citizens exemption. (al A person sixty -five years of age or older who has resided in the Kodiak Island borough for a continuous period of 30 days or more may obtain a senior citizens sales tax exemption certificate by submitting a completed application to the finance director on a form provided by the borough. The application must be signed by the applicant under oath and shall contain information relating to the applicant's residence. marital status, rental or ownership of occupied dwelling. persons occupying the dwelling, and other information reasonable necessary to determine the applicant's eligibility and monitor the use of the exemption certificate. The applicant shall also submit for inspection and copying a birth certificate, or other evidence determined by the finance director to be adequate, to establish the applicant's age unless the applicant has previously established eligibility through the assessor's office for senior citizen property exemption. The exemption certificate shall be issued without charge in the name of the applicant and shall be valid for a period of 3 years. (bl An exemption certificate issued to a person who is prevented or impaired from personally making purchases or payments by a physical or mental infirmity may designate not more than two other persons who shall be authorized to utilize the certificate when making purchases and payments on behalf of and for the sole use and benefit of the certificate holder or the certificate holder's spouse. (el No person may utilize a senior citizen tax exemption certificate to purchase or acquire property or rentals that are to be consumed or utilized by a person or persons other than the certificate holder, the certificate holder's spouse, a dependent of the certificate holder. or another person or persons who would be qualified to have a senior citizens exemption certificate issued to them under this section. As used in this section, "dependent" means a child of the certificate holder or the certificate holder's spouse who resides with the certificate holder when not attending school and who receives more than one -half of his or her support from the certificate holder. (d) Persons making sales or rentals to or for the benefit of a senior citizen which are exempt from tax under the provisions of this section shall confirm the identity of the person or persona presenting an exemption certificate, if not personally known to them, by requesting identification and shall maintain records of each such exempt sale with an appropriate reference to the senior citizen exemption certificate number. If the person making the sale or rental has reason to believe that it is not for use or consumption of a senior citizen or other qualified user, because of the volume, type of purchase. or other facts, that person shall promptly report the possible fraudulent use of the exemption certificate to the borough finance director. The finance director shall investigate the sale or sales, and if the finance director determi nee that the exemption certificate is being abused, the matter shall be referred to the borough mayor who shall conduct such further investigation as is determined necessary and present the facts to the assembly for authorization to initiate prosecution or revocation action, or both. (e) Senior citizens' exemption certificates shall be subject to revocation as provided in section 3.26.070 of this chapter. 3.26.060 Certificate of exemption. (a) A person entitled to the exemption under section 3.26.035 or subsections (c), CO or (w) of section 3.26.030 shall apply to the borough for a certificate of tax exemption which will be issued, without charge, to qualified persons. The application shall be submitted on a form provided by the finance director and shall contain the name, address, typed of organization, the section under which the exemption Is claimed, and such other information as is required by the finance director. Duplicate certificates will be issued on request. (b) A construction contractor or subcontractor requesting exemption under subsection (d) of section 3.26.035 must apply to the borough for a certificate of tax exemption which will be issued, without charge, to qualified licensed contractors or subcontractors. The exemption shall be valid for a period of one year, at the end of which an accounting of the use of the exemption shall be made to the finance director reflecting each building project and the correct location of the project by legal description and any other commonly recognized address from which services, materials, supplies, or other property are purchased or obtained. (c) The certificates of exemption shall be valid for a period of one year and the expiration date shall be printed on the fact of the certificate. Exemption certificates may be renewed annually, without charge, by completing an application form containing information required to assess the continued existence of the exemption. 3.26.070 Revocation of certificate of exemption. (a) A certificate of tax exemption may be revoked by the borough mayor for any of the following acts or omissions: 1. Falsification of any statement or information in the application for certificate of exemption; 2. Utilization of the tax- exempt certificate for the purchase or acquisition of nonexempt property, rentals, or services; 3. Knowingly or negligently permitting or authorizing the use of the certificate by a person other than an authorized agent or employee of the person or entity to whom the certificate was issued. (b) Prior to revocation of a certificate, the holder of the certificate shall be provided with notice of the alleged violation not less than ten days prior to the proposed effective date for revocation of the exemption certificate. The person or entity to whom the certificate was issued may request a hearing before the borough mayor regarding the alleged violation by filing a written request with the finance director prior to the effective date for revocation. If requested, the hearing shall be held within twenty days after the date of receipt of the request, and the exemption certificate shall not be revoked prior to the date of hearing. (c) A decision of the borough mayor revoking an exemption certificate may be appealed to the assembly by filing a written notice of appeal with the finance director within ten days after receipt of the decision. The hearing on the appeal shall be scheduled before the assembly at a regular or special meeting held within thirty days after receipt of the notice of appeal. The assembly may, in its discretion, hear the matter either on the record or de novo. If the appeal is heard de novo, no evidence may be presented before the assembly which was not presented before the borough mayor. (d) If an exemption certificate is revoked, a new certificate may not be issued to the same person or entity for a period of two years from the date of revocation. (e) The revocation provided by this section is in addition to any other penalties provided by law for the violations. } 26.080 Installment payments. When the payments for a purchase, rental, or service are made on an installment basis. the entire sales tax should be collected from the down payment, or, if a down payment is not made or is I I Insufficient to pay the tax, then the entire first installment payment or payments until the tax is paid. II n 26 090 an.. n Ile t 1 and payable by the buyer at ales taxes imposed by this chapter ar, runt al and are t h e buyer at not the time payment for the ° purchase, service, or rentals or rendering services that arrew taxable under this chapter shall ! Every person making sales or I collect the taxes from the purchaser at the time of the sale, rental, or service or, with respect to credit transactions, at the time of collection of the sale price, rental, or service fee and shall transmit the money collected on a quarterly basis to the borough. 3 . 26 .100 Alloc ac ti ^of ssal s t sales taxes collected under this hallo be allocated r to support of the ' Kodiak Island Borough school district. 3 28.110 Ta ollector -- n selling or renting traf t r 9 property or rendering services subject to the tax imposed by this chapter not currently registered with the Kodiak Island Borough shall file an application for -a certificate of registration with the borough finance director not later than May 15, 1987, or the date of commencing business in the borough, or opening of a place of business in the borough, whichever first occurs. An application for a new business not Previously registered to collect sales taxes shall be accompanied by a one hundred dollar deposit which the registrant may recover by a deduction from the remittance submitted with the first quarterly return filed or, if that return is insufficient, the balance shall be refunded. If an a established credit with the borough, the finance director may waive the required deposit. PpliCdnl has ( bl Upon receipt of a properly executed application, on a form provided by the finance director, accompanied by the required deposit, the finance officer shall issue the applicant a certificate of registration, stating the address of the place of business to which it is applicable and authorizing such person to collect the sales tax. The certificate shall be prominently displayed at the place of business named on the certificate or, it there is r regular place of business, the certificate shall be attached to the stand truck, or other merchandising or service device. Col The certificate of registration is nonas$Ignable and or n ontransferable, and must be surrendered to the finance director by the person entity ' namedi fl the cerrtificate.ss led the businessaois continued at the same location but there is a change in its business form, the certificate holder mak,ng sole Change shall surrender the old certificate to the finance director or cancellation and the successor organization shall apply for a new certit of registration. Upon receipt of such application certificate bearin .ate g a new number well be issued to such asuccessor tea, a new CO) When there is a change of address for the certificate holder's of business, a new certificate of registration as required, bearing ;he same registration number, showing the new address. J•a,e (el An applicant for a new certificate required to reflect a change business form or a change of address for an existing certificate holder ,s , required to post a deposit with the application. J�28 12 l s to ohs,. re in a e in fia o , f It snail be un.awa for any person to en Or business ithin the conduct activities within the o borough pother than casual or occasiona r sa es c unless and until such person obtains a certificate of registration In 're event the finance director ascertains that any es. continuing in, business within the borough, other than casual or goccasiona, sales. without a certificate of registration, one or more of the following remedies may be sought: (al Conduct a special audit of such person's records and make a demand upon such person to obtain a sales tax certificate, an which case such who has engaged in business or activities within the borough without a certificate shall per ,,,� Day a special fee to reimburse the borough for the expense of the audit, which fee shall be the lesser of the sum of one thousand doI : or ten percent of any tax found to be due. However, the tee may be waived al the di ac ration of the finance director for good ds ars . director shall also assess any applicable shown. penalties finance es interest, if an against h person. if delinquencies. and suds person engaged p in sales es and other transactions which were or person. subject to the borough sales tax. or ( b) Report the facts to the borough attorney for appropriate action 3.26 130 Addition of tax. (a) The tax collector shall add the tax imposed by this chapter to the price or charge, showing the tax as a separate and distinct item. The tax imposed on the sale of more than one separately priced item may be shown as a total tax on the aggregate price of all items purchaaed and delivered at one time. Tax levied by a city shall also be added to the price as required by the applicable city code. (b) The owner or other person providing products or services through a coin - operated vending or amusement machine shall collect the tax levied by this chapter and may include that tax in the fee charged to operate the machine. The allocation of the payment required to operate the machine. between the purchase price and sales tax, shall be explained by notice or marking on the device. (c) A business selling gasoline or diesel fuel delivered to the customer's vehicle in bulk may include the sales tax as an extra charge in the metered price for the fuel if a notice is posted on the meter or pump, or otherwise prominently displayed. explaining the allocation of the total cost between the charge for the fuel and the sales tax. (d) A business engaged in the sale of beverages for consumption on the premises may, in lieu of adding the tax as a separate item, include the tax imposed by this section in the price for the beverage. A notice shall be prominently displayed in the establishment dispensing the beverages explaining the allocation of the total price between the charge for the beverage and the sales tax collected. (e) A business providing for -hire passenger vehicle transportation services may, in lieu of adding the tax as a separate item, include the tax imposed by this chapter in the charge for the transportation. A notice shalt be prominently displayed in each for -hire passenger vehicle explaining the allocation of the total charge between transportation charges and the sales tax collected. (f) When authorized by this section to be included in the price or charge for a product or service, the tax to be collected and remitted shall be determined by multiplying the gross receipts from the services or product by .05 and dividing that product by 1.05. Notices required by this section shall be provided by the borough. 3.26.140 Assumption of tax prohibited. No person may advertise or state to the public, or to any buyer, tenant, or consumer of property or services, directly or indirectly that the tax imposed by this chapter or any part thereof will be assumed or absorbed by that person, or that it will not be added to the sale! price or charge, or that it will be refunded; nor may any person assume, absorb, or fail to separately state the tax to the buyer. tenant, or consumer, unless otherwise specifically authorized by this chapter. 3 26 150 Tax schedule. The amount of tax to be added to the purchase prices, rental, or service charge shall be determined in accordance with the following schedule in addition to any sales tax levied by a city where the sale is occur ing: 6 p Tax Under 49 cents None $ .50 through t1. 49 i 01 1.50 through 2.49 .02 2.50 through 3.49 .03 3.50 and over Continue as same scale. 3.26.160 Maximum taxable sale. (a) If the sales price of an item or items or the charge for rental of any property or performance of any service exceeds five hundred dollars for a single transaction, that portion of the price or charge in excess of five hundred dollars shall be exempt from the tax levied by this chapter. (b) In determining the maximum tax payable with regard to a single transaction for the rendering of services on a substantially regular basis, which services are generally repetitive in nature and are to be performed over a period of time under a contract. each period of payment or partial payment under the contract shall be deemed a separate service transaction. The maximum tax payable shall be applicable to each deemed service transaction with tax payments to accrue and become payable at the time of filing the next quarterly return to be submitted following receipt of payment for the service. (c) For purposes of computing the maximum tax, a rental of property for a period in excess of one month shall be deemed as a series of rentals with each rental transaction terminating as a rental payment is made. The maximum sales tax payable shall be applicable to each deemed rental with tax payments to accrue and become payable at the time of filing the next quarterly return to be submitted following receipt of the rental. 3 26 170 Title to tax proceeds. The title to the taxes collected pursuant this chapter shall vest in the borough upon collection by the tax collector. Title to taxes collected on behalf of any city within the Kodiak Island Borough shall vest in each respective city upon collection by the finance director. Cities within the Kodiak Island Borough may be authorized to continue to collect their own sales tax so described in their cods if the finance director determines such an authorization to be in the best interest of the city and the Kodiak Island Borough. x.26 180 Sales tax returns. Cal Each person who sells or rents property or renders services taxable under this chapter in any quarter ending March 31. June 30, September 30. and December 31 shall, on or before the last day of the month following the end of each quarter year, or April 30. July 31, October 31, and January 31 respectively, complete. sign. and file with the borough a return for that quarter, upon forms furnished by the borough. setting forth the following: 1. The amount received from all sales, rentals, and services made or rendered within the borough; 2. The amount received from nontaxable sales, rentals, and services, with a brief explanation of the nontaxable status; 3. The amount received from taxable sales, rentals, and services; 4. The amount of tax attributable to the taxable sales, rentals, and services; S. The taxes collected; 6. A listing of rental pr ope r t y(iesl by street address showing the total number of units and the number of units rented for each month of the reporting period; and 7. Such other information and supporting papers as the assembly may require in the reporting form. Cb) The taxes collected shall be remitted with the reporting form after deducting any administrative fees that may be allowed by section 3.26.200. Col If the last day of the month is a Saturday, Sunday, or legal holiday, tax returns and remittances shall be considered filed on time if delivered or postmarked on or before the last day of that month_ (d) A person making sales or rentals or rendering services within the borough shall make a return, even though none of the reported transactions are taxable, unless the person is a licensed medical doctor, dentist, osteopath. optometrist. chiropractor, hospital, religious or charitable organization. or club, or a labor union. (el A person who fails to timely comply with the provisions of this chapter relating to the filing of quarterly reports and remittance of taxes collected for any one quarter during a calendar year shall, if required by written notice from the finance director, file -the required reports and transmit collected sales taxes monthly until such time as the finance director determines that a willingness and ability to comply with the requirements of this chapter has been established. Monthly reports and remittances shall be due on the last day of each month following the month of collection. Any person may, upon notification to the finance director, file reports and transmit taxes monthly. (fl A person doing business within the borough for a period of time that ' is, or can reasonably expected to be, less than six months in duration shall file sales tax returns and remit taxes on a monthly basis as provided in subsection (el of this section. (gl A final sales tax return shall be filed and the tax due remitted within fifteen days after the date of selling or terminating a business. The purchaser of the business shall withhold a portion of the purchase money sufficient to pay any sales tax, penalties, and interest that may be due until seller displays a receipt from the borough evidencing total payment of the lax, interest, and penalties due. If the purchaser fails to withhold the required sum from the payment due to the seller, the purchase shall also be liable for the taxes, penalties, and interest owed by the seller to the ibor ough. 1,28.190 Credit for taxes. A person who has collected and remitted a tax o - a sale, which tax is subsequently determined not to be due because of refun is granted for returned merchandise, payment is refused on a check received 'conjunction with a sale, or similar circumstances. may take a credit against future taxes. Proper documentation shall be made available by the tax collector, on request, to substantiate the credit taken. 3 26.200 Administrative costs and reimbursements. To compensate sellers, renters, and persons rendering services for keeping the sales tax records and filing returns as required by this chapter and making prompt remittances. those persons shall be entitled to a fee equal to two percent of the amount of the tax collected, and that amount may be deducted when making remittances; provided that the reports and remittances ars received on or before the due date for such reports and remittances. A person filing a report or remitting taxes collected after the due date forfeits the right and claim to the fee provided by this section and shall remit the entire tax due. 3.28.210 Penalty and interest. fa) A person who fails to remit taxes collected on or before the due date shall pay. in addition to the tax due, a penalty of five percent of the tax that is then due and unpaid for each month or any fraction of a month during which any part of the tax remains unpaid until a total penalty of twenty percent has accrued. which penalty shall be added to all returns until the tax, penalty, and interest have been paid. For the purposes of this section, petite! payments shall be credited first to ,penalty and interest and then to the tax obligation originally due. fb) Taxes that are not remitted to the borough when due shall draw interest from the date of delinquency until paid at the rate of fifteen percent per year. Interest shall not accrue on the late payment penalty assessed by subsection (a) of this section, but shall accrue on the civil penalty assessed by section 3.26.230. 3.26.220 Determination of exemptions. (a) Every sale of property or service and every rental made within the borough or rendered or received by a person within the borough, unless explicitly exempted by ordinance, is presumed to be subject to the tax imposed by this chapter. (b) A purchaser, tenant, or other person obtaining property or service who claims an exemption under a provision of this chapter for which a certificate of exemption is required shall display the certificate at the time of the purchase or rental and the certificate number shall be noted on the receipt, invoice, or other evidence of the transaction. fc) A purchaser, tenant, or other person obtaining property or services who believes the tax has been charged in error may make a claim to the borough for refund within thirty days alter the date of sale. ((I) If the finance director denies a refund of the tax, the taxpayer may appeal to the borough mayor by filing a written notice of appeal, within ten days after the finance director's decision, setting forth all facts relating to the claimed exemption. The borough mayor shall provide an opportunity for a hearing within thirty days after the receipt of the notice appeal. 3 28.230 Failure to collect taxes. (a) A person required by this chapter to collect sales taxes levied, who fails to collect such taxes on taxable 'transactions, shall be assessed with a civil penalty of double the tax that should have been collected, as determined by an audit. (b) If any of the following defenses are established, the civil penalty imposed by this section shall be waived: 1. The securing, in good faith, of a certificate of exemption or a statement of eligibility for exemption from the person against whom the tax . ,would have been levied; 2. Proof of a belief, based upon advice of legal counsel or the borough finance director, that the sale, rental. or rendering of service was not subject to the tax levied by this chapter, accompanied by proof of notification in writing to the borough mayor based on such belief prior to or iimmediately following the transaction; 3. A reasonable attempt, in good faith, to collect the tax from the buyer. fc) A purchaser, renter, or other person obtaining property or services i who falls to pay the tax levied by this chapter on a taxable transaction shall the assessed with a civil penalty of double the taxes that should have been paid. (d) The civil penalties imposed by this section shall be in addition to any other civil or criminal penalties imposed by this chapter. 3.26 240 Preservation of records collection of arrears tax. fa) Every person required by this chapter to collect and remit taxes shall keep and preserve suitable records of the gross sales, rentals, or service receipts, together with bills of sale and other pertinent records and documents which may be necessary to determine the amount of the tax due under this chapter and to substantiate the information provided in filed returns. The records , to be maintained shall be preserved for three years alter the remittance of the taxes and shall be subject to examination by the borough finance director or any other authorized employee of the borough while engaged. in reviewing or auditing the records of any taxpayer required to make a rat under the provision so this chapter. The borough shall give written notice intent to conduct an audit under this section not less than five days prior to - the audit. (b) Collection of arrears tax by the borough shall be limited to the period of three years prior to the date when the finance director or authorized agent began an audit of the taxpayer's records, wrote to the person through use of regular mail concerning an apparent violation of this chapter, or took some other recorded action to require a certificate of registration or other compliance with this chapter. 3 26 250 Failure to file return -- estimated tax. If the borough is unable to ascertain the correct tax to be paid by a seller because of the failure or refusal of the seller to file a return, keep accurate records, or allow their inspection, or because a return has been falsified, the borough may prepare an estimate of the tax due based on any information that may be available. Notice of the estimated tax shall be provided to the seller and shall become final for the purpose of establishing the tax liability unless the seller, within thirty days after receipt of notice of the estimated tax, files an accurate return supported by records determined by the finance director to be satisfactory. establishing a lesser liability. 3.26.260 Returns confidential. Except in connection with official investigations or proceedings of the borough, whether judicial or administrative, involving taxes due under this chapter. no officer, employee, . or agent of the borough may divulge any information disclosed in a report or return filed under this chapter. The prohibition of this section shall not prohibit the preparation and use of statistical summaries of sales tax data that do not disclose the identity of any person filing reports required by this chapter. 1 26.170 Corrections of errors on tax returns. If the taxpayer makes an error or errors in computing the lax on a return, the finance director or authorized agent shall correct such error or errors and immediately notify person filing the return by ordinary mail that such correction has been made. Any additional tax due, together with applicable penalty and interest in accordance with section 1.26.210, for which the taxpayer becomes liable shall be payable immediately by the taxpayer. If the taxpayer makes an error which results in overpayment of tax, the finance director shall allow credit against taxes due on future returns, or shall authorize a refund in accordance with section 3.26.260. 3 26 280 Refund of overpayment. The finance director shall refund overpayment of taxes brought about by mathematical errors in the return or reports filed by the person remitting the tax; computational errors made by the remitter or borough personnel with respect to said return or reports; duplicate payments by remitter; or any overpayments made by a person filing a : tax return that may be determined as a result of an audit of such person's records: provided, however. that in no event shall the remitter of sales taxes be entitled to a refund for overpayment of sales taxes where the overpaid taxes have actually been collected by said person. In the event the amount of overpayment is one hundred dollars or less a cash refund may be authorized at 1 the discretion of the finance director. In no event shall there be a refund for overpayments that were made more than three years prior to the discovery of the overpayment by the person filing the returns or the finance director or authorized agent. '! 3 26 290 Recovery of taxes. Taxes due but not paid may be recovered by the borough in an action against the buyer, tenant, or recipient of services if that person has failed or refused to pay the tax on request by the seller or submitted a false certificate of exemption. Taxes collected but not transmitted and taxes not requested or demanded by the person charged with the . duty of collecting of tax may be recovered by an action against the person selling or renting the property or services. 3 26 300 Lien to secure Payment of tax,. (a) The tax imposed by this chapter, together with any penalty and interest that may accrue, shall constitute • lien in favor of the borough upon all of the property. real and personal, and any interest in such property owned or held by the person or persons required to pay the tax. The lien arises at the time of delinquency and continues for a period of two years from the date of notice to the borough of the delinquency unless an action is initiated during that period to foreclose the lien or the lien is satisfied by distraint and sale. (b) The date of notice to the borough of delinquency shall be the first Of the following events to Occur: 1. A required return is filed accurately reflecting the tax due and the return is not accompanied by the required remittance.; 2. A notice of estimated tax is provided to a person by the borough and the thirty day period for filing an accurate return has expired. (c) The lien created by this section is not valid against a mortgagee, deed of trust beneficiary, or other person holding a lien or security interest in the property, or a purchaser or judgment creditor, who acquires an interest in the property prior to filing by the borough of a notice of lien in the office of the Kodiak district recorder. 3.26.310 Foreclosure eaainst real property. A lien for the tax, interest, and penalties created by this chapter may be foreclosed, when authorized by the assembly, by commencement of an action in the superior court pursuant to the procedure set forth in AS 09.45.170 -220. 3 26.320 Collection by distraint and sale. (al The borough may collect taxes, with interest, penalties, and other additional amounts permitted by law, by distraint and sale of the property of the person liable to pay the taxes, interest, penalty or other additional amount, who neglects or refuses to pay them within ten days after receipt of notice and demand for payment. (b) In case of neglect or refusal to pay taxes or deficiencies as provided in this section, the finance director may issue a warrant authorizing any police officer to levy upon, seize, and sell any property, except exempt property, belonging to the person for the payment of the amount due, with interest and penalty. When distraint is made as provided in this section, the police officer charged with the services shall make an inventory of the property served and leave a signed copy of that inventory with the owner or possessor of the property, or at the dwelling or usual place of business. If a person of suitable age and discretion can be found, or if the taxpayer is a corporation or other type of organization with an officer, manager, general agent, or agent for process, with a notation of the amount demanded and the time and place of sale. (c) The police officer shall immediately publish a notice of the time and place of sale at public auction, together with a description of tne property distrained, in a newspaper published in the borough and post a copy of the notice at the post office nearest the place where the sale Is ;o oe made. (d) The time of sale shall be not less Than lifteen or more than s..ty days from the date of the notification to the owner or possessor of tne property, and the plate proposed for the sale shall not be more than five miles from the place of making the distraint. The sate may be continued from time to time in the discretion of the police officer, but not for more :Nan thirty days alter the date specified in the notice. (e) The property distrained shall be restored to the owner or possessor if, before the sale. payment of the amount due is made to the police officer charged with the collection, together with the fees and other charges (f) The police officer conducting the sale under this section snal• give to the purchaser a certificate of sale on payment in full of the purchase price. The certificate of sale: 1. Is prima facie evidence of the right of the police officer to make the sale, and conclusive evidence of the regularity of the officer's proceedings in making the sale; 2. Transfers to the purchaser all right, title, and interest or the delinquent in and to the property sold; 3. Where the property consists of stock, is notice, when received. to the corporation to record the transfer on their books and records in the same manner es if the stock were transferred or assigned by the party hoid,ng the stock in lieu of an original or prior certificate, which is void, whether cancelled or not; and 4. Where the subject of the sale is security or other evidence of debt, is a good and valid receipt to the person holding it. as against a person holding or claiming to hold possession of the security or other evidence of debt. CO If property seized and sold is not sufficient to satisfy the ciaim of the borough for which distraint or seizure is made. the police officer may, thereafter, and as often as is necessary, proceed to seize and sell in !,ke manner any other property subject to the lien created by this chapter until the amount due from the taxpayer together with all expenses is fully paid. (h) A person in possession or control of property subject to distraint, upon which • levy is made, shall, upon demand by the police officer making th . levy, surrender the property to the police officer, unless the property is, at the time of the demand, subject to an attachment under judicial process. A person who fails or refuses to so surrender the property is personally liable to the borough for • sum equal to the value of the property not so surrendered, but not exceeding the amount of the taxes or deficiencies, including penalties and interest for the collection of which levy is made, together with costs and interest from the date of the levy. (i) All persons shall, on demand of a police officer about to distraint or having distrained on property or rights of property, exhibit all books containing evidence or statements relating to the property liable to distrain for the tax due. (j) The provisions of this chapter are not exclusive but are in addition to all other existing remedies provided by law for the enforcement of a levy and collection of taxes of the borough. 3.26.330 Prohibited acts and penalties.. (a) No person may: 1. Fail or refuse to file a completed tax return required by this chapter, upon demand, or falsify any materiel statement in that return: 2. Fei1 or refuse to collect taxes levied by this chapter and remit those taxes to the borough es required: 3. Conduct any business in the borough relating to sales. rentals, or services subject to taxation under this chapter without first applying for end obtaining a certificate of registration to collect the taxes imposed on sales, rental, and services: or 4. Falsify any portion of an application for a certificate of exemption. (b) A person who violates a prohibition contained in subsection (a) of this section is, upon conviction, punishable by a fine of not more than three hundred dollars or imprisonment for a term not to exceed thirty days, or by both. (c) A person who violates any other provision of this chapter not specifically set forth in subsection (a) of this section is, upon conviction, punishable by a fine of not more than two hundred dollars. 3.26.340 Three veer voter review. The question of continuing to levy and collect the sales tax described in this chapter shall be put to the registered voters of the Kodiak Island Borough every third year at the regular election. KODIAK ISLAND BOROUGH Codes for Taxable Activities July 1, 1987 CODE ACTIVITY, 7310 Advertising 7900 Amusements 7333 Artists /Photographers 5813 Bars /Package Stores 7230 Beauticians 7390 Business Services 2091 Canneries 4800 Communications 1500 Contracting 7800 General Repair Services 2000 Grocers 8000 Health Services 7010 Hotels /Motels 8100 Legal Services 8700 Miscellaneous Services 5912 Pharmacies 7299 Personal Services 6510 Rentals 5812 Restaurants 5300 Retail Sales to Consumers 7540 Service Stations 4120 Taxi Cabs 4930 Utilities 7530 Vehicle Repairs