§19-3304. Reports, Returns, Payment and Collection of Tax.
(1) All taxes collected by any Vehicle Rental Company in accordance
with this Chapter shall constitute a trust fund for the City and such trust
shall be enforceable against such person and any person receiving any part of
such find without consideration, or knowing that the Vehicle Rental Company is
committing a breach of trust; provided, however, that any person receiving
payment of a lawful obligation of the Vehicle Rental Company from such fund
shall be presumed to have received the same in good faith and without any
knowledge of the breach of trust.
(2) Every Vehicle Rental Company shall
collect the tax imposed by this Chapter from the renter of the vehicle at the
time the Rental Vehicle is rented, and shall pay it over to the City as provided
hereinafter. A Vehicle Rental Company, if it fails to collect the tax or pay it
to the City when due, shall be liable to the City for the payment of the tax,
including penalties and interest as provided in Section
19-509.
(3) Every report and return shall be made upon a form furnished
by the Department.
(4) Every Vehicle Rental Company shall transmit to
the Department, on or before the fifteen (15
th) day of each month, a
return for the month preceding the month in which the return is made, which
return shall report the amount of consideration received for the transactions
during the month for which the return is made, the amount of tax due from the
Vehicle Rental Company for that month, and such other information as the
Department may require.
(5) Every Vehicle Rental Company, at the time of
filing every return required by this Section, shall compute and pay to the
Department the taxes shown as due on the return for the period for which the
return is made.
(6) Every Vehicle Rental Company shall maintain records,
which shall be made available to the Department upon its request, which shall
include, but not be limited to, the number of rental transactions on a daily or
weekly basis, the rate(s) charged for each rental, the consideration received
from all transactions during the month for which each return is made, as well as
such other information as the Department may require.
(7) If
a
[396] Vehicle Rental Company
enters the business of renting vehicles subsequent to the effective date of this
Chapter, the first return shall be filed on the fifteenth (15
th) day
of the first month subsequent thereto. The first return and tax payment due
shall be for all transactions occurring during the preceding month based upon
the actual taxable transactions during the preceding month.
(8) The
Department is authorized to promulgate rules and regulations governing the
collection, administration and enforcement of the provisions of this
Chapter.