§ 30-83. Overpayment or underpayment of tax.

(a)

If the amount of the occupation tax for the preceding year based on the return provided for in this section and on the rate of such tax provided for in this article is less than the amount of occupation tax theretofore paid by such business based on the estimate filed pursuant to section 30-82, the difference in such amount shall be due and payable by the taxpayer to the city on April 1 or a city-prescribed date of the current year and delinquent if not paid on or before such date.

(b)

If the amount of the occupation tax for the preceding year based on the return provided for in this section and on the rate of such tax provided for in this article exceeds the amount of occupation tax theretofore paid by such business based on the estimate filed pursuant to section 30-82, the difference in such amount shall be refundable, upon written request, by the city to the taxpayer; or, if such business continues to be conducted in the city during the current year, such difference in amount may be credited by the city on the amount of occupation tax to be paid to the city by such business for the calendar year. This election is to be taken by the city.

(c)

If the amount of the occupation tax for the preceding year based on the return provided for in this section and on the rate of such tax provided for in this article exceeds the amount of occupation tax paid by such business as a part of the estimated tax paid in accordance with section 30-82 in an amount which exceeds $300,000.00 and the taxpayer has discontinued operations in the city such that the city cannot elect to credit the overpayment for a future tax liability, the city may elect to refund any amount in excess of $300,000.00 in the next fiscal year after the request for refund of the overpayment has been made.

(Ord. No. 2004-80, § 1(Exh. B), 10-20-04; Ord. No. 2010-33(10-O-0875), § 2, 6-30-10)