§ 10-112. Deficiency determinations.

(a)

Recomputation of tax; authority to make; basis of recomputation. If the city is not satisfied with the return or returns of the tax or the amount of the tax required to be paid to the city by any person, it may compute and determine the amount required to be paid upon the basis of any information within its possession or that may come into its possession. One or more than one deficiency determinations may be made of the amount due for one or more than one calendar month.

(b)

Interest on deficiency. The amount of the determination, exclusive of penalties, shall bear interest at the rate of one percent per month (O.C.G.A. § 48-2-40), or fraction thereof from the tenth day after the close of the monthly period for which the amount or any portion thereof should have been returned, until the date of payment.

(c)

Offsetting of overpayments. In making a determination, the city may offset overpayments, for a period or periods, against underpayments, for another period or periods, against penalties, and against the interest on underpayments. The interest on overpayments shall be computed in the manner set forth in paragraph (b), above.

(d)

Penalty; negligence or disregard of rules and regulations. If any part of the deficiency for which a deficiency determination has been made is due to gross negligence or intentional disregard of rules and regulations, a penalty of 15 percent of the amount of such deficiency shall be added thereto.

(e)

Penalty for fraud or intent to evade. If any part of the deficiency for which a deficiency determination is made is due to fraud or an intent to evade any provisions of this regulation or other authorized rules and regulations, a penalty of 25 percent of the deficiency shall be added thereto.

(f)

Notice of city's determination; service of. The city shall give written notice of its determination. The notice may be served personally or by mail; if by mail such service shall be addressed to the address as it appears in the records of the city. In the case of service by mail of any notice required by this article, the service is complete at the time of deposit in the United States Post Office.

(g)

Time within which notice of deficit determination to be mailed. Except in the case of fraud, intent to evade this article or authorized rules or regulations, or failure to make a return, every notice of a deficiency determination shall be mailed within three years after the tenth day of the calendar month following the monthly period for which the amount is proposed to be determined, or within three years after the return if filed, whichever period should last expire.

(Ord. No. 0-41-02, §§ 1, 2, 9-19-02)