(a) In addition
to any remedy provided elsewhere in this City Code that may apply,
the Tax Collector may apply the provisions of subsections (b) through
(d) below concerning the collection of taxes when there is succession
in and/or cessation of business.
(b) The taxes
imposed by this Chapter are a lien on the property of any person subject
to this Chapter who sells his business or stock of goods, or quits
his business, if the person fails to make a final return and payment
of the tax within fifteen (15) days after selling or quitting his
business.
(c) Any person
who purchases, or who acquires by foreclosure, by sale under trust
deed or warranty deed in lieu of foreclosure, or by any other method,
improved real property or a portion of improved real property for
which the Privilege Tax imposed by this Chapter has not been paid
shall be responsible for payment of such tax as a speculative builder
or owner builder, as provided in Sections ___-416 and ___-417.
(d) A person's
successors or assignees shall withhold from the purchase money an
amount sufficient to cover the taxes required to be paid, and interest
or penalties due and payable, until the former owner produces a receipt
from the Tax Collector showing that all City tax has been paid or
a certificate stating that no amount is due as then shown by the records
of the Tax Collector. The Tax Collector shall respond to a request
from the seller for a certificate within fifteen (15) days by either
providing the certificate or a written notice stating why the certificate
cannot be issued.
(1) If a subsequent
audit shows a deficiency arising before the sale of the business,
the deficiency is an obligation of the seller and does not constitute
a liability against a buyer who has received a certificate from
the Tax Collector.
(2) If the purchaser
of a business or stock of goods fails to obtain a certificate as
provided by this Section, he is personally liable for payment of
the amount of taxes required to be paid by the former owner on account
of the business so purchased, with interest and penalties accrued
by the former owner or assignees.
