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HomeMy WebLinkAbout2020-04-8634ORDINANCE NO. 2020-04-8634 AN ORDINANCE AMENDING CHAPTER 106 OF THE CODE OF ORDINANCES OF THE CITY OF PADUCAH WHEREAS, the Kentucky Revised Statutes authorize the collection of license taxes; and WHEREAS, in order to clarify the due date for fiscal year-end (non -calendar year-end) business license filers and correct grammatical errors, it is necessary to amend Section 106-65 of the Code of Ordinances of the City of Paducah, Kentucky; BE IT ORDAINED BY THE CITY OF PADUCAH, KENTUCKY: SECTION 1. That the City of Paducah, Kentucky hereby amends Chapter 106 of the Paducah Code of Ordinances by amending the following sections: Sec. 106-65. — Annual license tax imposed on business entities; fi4ing [filing] of annual license tax return and business license application; payment of annual license tax; due date for filing and payment of tax. (a) Each business entity which conducts business in this eity [City] shall be required to pay an annual license tax based upon its taxable gross receipts which are realized by the business entity from such business. The amount of the license tax shall be determined in accordance with this section, and the provisions which are set forth under division 2 of this article. The annual license tax imposed under this section shall be for the privilege of doing business in the City, and is utilized as a measure to raise revenue to help defray the costs incurred by the City in providing municipal services which support, protect and promote the business of all business entities. (b) Each business entity shall be required to prepare and file an "Annual License Tax Application." This return and application shall include the annual license tax return which is required to be filed under this section, and the annual application for a business license certificate which is required to be filed under section 106-69. (c) The business entity shall file the return and application on or before the due date of April 15 of each calendar year; provided, however, that if the business entity operates on a fiscal year which is not based on the calendar year, the business entity may [shall] file the return and application on or before the 15th day of the fourth month following the close of the business entity's fiscal year. The return and application shall be filed with the Finance Director. (d) The return and application shall be made on a form provided by the Finance Director. Each return and application shall identify the name and address of the business entity as reflected on the business entity's State tax return, each kind of business which the business entity conducted in the City in the reporting period, the address of each location or locations of each business, the gross receipts and taxable gross receipts which are realized from each business during the reporting period, and the annual license tax which is due. The business entity shall attach a copy of its Federal tax return, together with all supporting statements and schedules, to its return and application. (e) The business entity shall make its return based on the preceding calendar year period, and shall report all taxable gross receipts realized by the business entity during such reporting period. Provided, however, that if a business entity makes a Federal income tax return on a fiscal year basis, the business entity shall make its return based on its fiscal year period, and shall report all taxable gross receipts realized by the business entity during such reporting period. (f) The business entity shall also report the annual license fee which is to be paid by the business entity. The annual license fee shall be based on the business entity's taxable gross receipts realized during the reporting period, and shall be computed in accordance with the classifications and the schedules as set forth under division 2 of this article. The business entity shall pay the annual license fee to the Finance Director at the time that the business entity files its return and application. The annual license tax shall be paid without regard to any extension of time for filing of the return and application. SECTION 2. Nothing herein shall be construed to invalidate or waive the provisions of Ordinance No. 2020-03-8623 which extended the 2020 deadline for the filing of the annual Gross Receipts License Tax (Business License Tax) as outlined in Section 106-61 through 106- 160 of the Code of Ordinances of the City of Paducah, Kentucky, to July 15, 2020, for calendar year filers. Ordinance No. 2020-03-8623 shall remain in full force and effect. SECTION 3. The provisions of this Ordinance are declared to be severable. If any section, phrase or provision shall for any reason be declared invalid, such declaration shall not affect the validity of the remainder of this Ordinance. SECTION 4. This Ordinance shall be read on two separate days and become effective upon summary publication pursuant to KRS Chapter. Brandi Harless, Ma -y& ATT ST: mdsay Parish, Qit Jerk Introduced by the Board of Commissioners, April 14, 2020 Adopted by the Board of Commissioners, April 28, 2020 Recorded by the City Clerk, April 28, 2020 Published by The Paducah Sun, April 30, 2020 ord\106-65 — Due Date Clarification