Title 3 REVENUE AND FINANCE
Chapter 3.16 BUSINESS OCCUPATIONAL PRIVILEGE TAX
3.16.100 Obligations of fiduciaries and others.
A. For the purpose of facilitating settlement and distribution
of estates, trusts, receiverships, other fiduciary relationships and the assets
of corporations in the process of dissolution or that have been dissolved, the
finance director may agree with the fiduciary or surviving corporate directors
upon an amount of taxes due from the decedent or from the decedent's estate, the
trust, receivership or other fiduciary relationship, or corporation for any of
the periods of tax liability under this chapter. Payment in accordance with such
agreement fully satisfies the tax liability for the periods that the agreement
covers, unless the taxpayer has committed fraud or misrepresented a material
fact regarding the tax or liability therefor.
B. Except as provided in subsection D of this section, any
personal representative of a decedent or the estate of a decedent, any trustee,
receiver or other person acting in a fiduciary capacity, or any director of a
corporation in the process of dissolution or that has been dissolved, who
distributes the estate or fund under such person's control without having first
paid any taxes covered by this chapter due from such decedent, decedent's
estate, trust estate, receivership or corporation that may be assessed within
the periods authorized by this chapter is personally liable to the extent of the
property distributed by such person for any unpaid taxes of the decedent,
decedent's estate, trust estate, receivership or corporation imposed by or due
under this chapter and assessed within the periods authorized by this
chapter.
C. The distributee of a decedent's estate, a trust estate, or
fund and the stockholder of any dissolved corporation who receives any of the
property of such decedent's estate, trust estate, fund or corporation is
personally liable under this chapter to the same extent that the decedent, trust
estate, fund or corporation is liable under this chapter.
D. If a tax under this chapter is due from a decedent or the
decedent's estate, the personal liability of the persons enumerated in this
section shall remain in effect only if a determination of the tax due is made
and notice and demand therefor issues within eighteen months after the
decedent's personal representative files with the finance director a written
request for such determination, which request shall be filed after he or she has
filed the decedent's final return or the decedent's estate's return to which the
request applies. A request for determination under this subsection does not
extend the otherwise applicable period of limitation.
E. If a tax under this chapter is due from a corporation that
is in the process of dissolution or has been dissolved, the personal liability
of directors or stockholders as provided in this section shall remain in effect
only if a determination of the tax due is made and notice and demand issued
within eighteen months after the corporation files with the finance director a
written request for such determination, which request shall be filed after it
has filed the corporation's return, but only if the request states that the
dissolution was begun in good faith before the expiration of the eighteen-month
period and the dissolution is completed. A request for determination under this
subsection does not extend the otherwise applicable period of limitation. (Ord.
1993-7 Exh. B (part))