Loading...
HomeMy WebLinkAboutReso_106-20 For Examination of Confidential Records (Sales Tax-CDTFA)RESOLUTION NO. 106-20 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MORRO BAY, CALIFORNIA, AUTHORIZING THE EXAMINATION OF TRANSACTIONS (SALES) AND USE TAX RECORDS THE CITY COUNCIL City of Morro Bay, California WHEREAS, pursuant to Ordinance No. 635 of City of Morro Bay California, hereinafter called City, and Section 7270 of the Revenue and Taxation Code, the City entered into a contract with the California Department of Tax and Fee Administration (CDTFA) to perform all functions incident to the administration and operation of the Transactions and Use Tax Ordinance; and WHEREAS, the City deems it desirable and necessary for authorized representatives of the City to examine confidential transactions and use tax records of the California Department of Tax and Fee Administration pertaining to transactions and use taxes collected by the Board for the City pursuant to that contract and WHEREAS, Section 7056 of the Revenue and Taxation Code sets forth certain requirements and conditions for the disclosure of California Department of Tax and Fee Administration records and establishes criminal penalties for the unlawful disclosure of information contained in or derived from, the transactions and use tax records of the Board; NOW, THEREFORE IT IS RESOLVED AND ORDERED AS FOLLOWS: Section 1. That the City Manager, Finance Director or other officer or employee of the City designated in writing by the City Manager to the California Dept of Tax and Fee Administration (hereafter referred to as the CDTFA) is hereby appointed to represent the City with authority to examine transactions and use tax records of the CDTFA pertaining to transactions and use taxes collected for the City by the CDTFA pursuant to the contract between the City and the CDTFA. The information obtained by examination of CDTFA records shall be used only for purposes related to the collection of the City's transactions and use taxes by the CDTFA pursuant to the contract Section 2. That the City Manager, Finance Director or other officer or employee of the City designated in writing by the City Manager to the California Dept of Tax and Fee Administration is hereby appointed to represent the City with authority to examine those transactions and use tax records of the Board for purposes related to the following governmental functions of the City: a) Revenue management and budgeting b) Community and economic development c) City Administration d) Business License and Tax administration The information obtained by examination of CDTFA records shall be used only for those governmental functions of the City listed above. 01181.0001/684629.1 Section 3. That Hinderliter, De Llamas and Associates (HdL Companies) is hereby designated to examine the transactions and use tax records of the California Department of Tax and Fee Administration pertaining to transactions and use taxes collected for the City by the Department. The person or entity designated by this section meets all of the following conditions: a) has an existing contract with the City to examine those transactions and use tax records; b) is required by that contract to disclose information contained in, or derived from those transactions and use tax records only to the officer or employee authorized under Section 1 (or Section 2) of this resolution to examine the information; c) is prohibited by that contract from performing consulting services for a retailer during the term of that contract; d) is prohibited by that contract from retaining the information contained in or derived from those transactions and use tax records after that contract has expired. Section 4. That this resolution supersedes all prior transactions and use tax resolutions of the City of Morro Bay adopted pursuant to subdivision (b) of Revenue and Taxation Section 7056. BE IT FURTHER RESOLVED that the information obtained by examination of Board records shall be used only for purposes related to the collection of City's transactions and use taxes by the Board pursuant to the contracts between the City and Board. PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular, meeting thereof held on the 8th day of December 2020, by the following vote: AYES Headding, Addis, Davis, Heller, McPherson NOES* None ABSENT: None JOHN EADDtNG, Mayor ATTEST: kiAtS 0 b,.\ D A SWANSON, City Clerk 01181.0001/684629.1 -2-