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HomeMy WebLinkAboutR-11197 authorizing the examination of Transactions (Sales) and Use Tax recordsR 11197 RESOLUTION NO. 11197 (2020 SERIES) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN LUIS OBISPO, CALIFORNIA, AUTHORIZING THE EXAMINATION OF TRANSACTIONS (SALES) AND USE TAX RECORDS WHEREAS, pursuant to Ordinance No. 1686 (2020 Series) of San Luis Obispo, hereinafter referred to as District, and Section 7270 of the Revenue and Taxation Code, the District 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 District deems it desirable and necessary for authorized representatives of the District 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 District 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 by the Council of the City of San Luis Obispo as follows: Section 1. That the City Manager, the Finance Director, the Deputy City Manager, and the Principal Budget Analyst of the District designated in writing by the City Manager to the California Dept of Tax and Fee Administration (hereafter referred to as the CDTFA) are hereby appointed to represent the District with authority to examine transactions and use tax records of the CDTFA pertaining to transactions and use taxes collected for the District by the CDTFA pursuant to the contract between the District and the CDTFA. The information obtained by examination of CDTFA records shall be used only for purposes related to the collection of the District’s transactions and use taxes by the CDTFA pursuant to the contract. Section 2. That the City Manager, or other officers or employees of the District designated in writing by the City Manager to the CDTFA are hereby appointed to represent the District with authority to examine those transactions and use tax records of the Board for purposes related to the following governmental functions of the District: 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 f or those governmental functions of the District listed above. Resolution No. 11197 (2020 Series) Page 2 R 11197 Section 3. That Hinterliter, 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 District by the Department. The person or entity designated by this section meets all the following conditions: a)has an existing contract with the District 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 and 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. BE IT FURTHER RESOLVED that the information obtained by examination of Board records shall be used only for purposes related to the collection of District’s transactions and use taxes by the Board pursuant to the contracts between the District and Board. Resolution No. 11197 (2020 Series) Page 3 R 11197 Section 4. That this resolution supersedes all prior transactions and use tax resolutions of the City of San Luis Obispo adopted pursuant to subdivision (b) of Revenue and Taxation Section 7056. Upon motion of Council Member Christianson, seconded by Council Member Pease, and on the following roll call vote: AYES: Council Member Christianson, Marx, Pease, Vice Mayor Stewart, and Mayor Harmon NOES: None ABSENT: None The foregoing resolution was adopted this 8th day of December 2020.