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HomeMy WebLinkAbout1984-11-06; City Council; 7946; Request Refund Travelodge Transient Tax Penalty' CIT`' )F CARLSBAD — AGENDILL AB#.. `L9�� I ME; REQUEST FOR REFUND - CARLSBAD TRAVELODGE - LATG. 11-6-84 I TRANSIENT TAX PENALTY DEPT. FIN RECOMMENDED ACTION: Staff recommends that Council deny the request for refund. ITEM EXPLANATION: DEPT. H CITY A CITY MGR.-%?--- The owners of the Carlsbad Travelodge have requested that the City Council consider their request for a refund of one-month's penalty assess on their second quarter 1984 Transient Occupancy Tax (TOT) payment. Their request, as described in the attached memo to the Mayor, is based on the fact that they were out of the country at the time the tax was due. Also, since the staff had no system which would regularly notify an individual of a delinquency, they were unaware that the tax was unpaid until some time after their return. The taxes and penalties were paid on September 21, 1984. On October 3, 1984 Mr. Chen requested that the City Council consider his request for a refund of at least one-nonth's penalty, or S341.13. Mr. Chen maintains that he would have paid the past due taxes immediately had he been aware that they were delinquent. The staff has reviewed the request and has recommended that the -request be denied based on the following: -The Travelodge has a history of on -time payments indicating that the owner or operators were aware of the requirements to file on a timely manner. -The Muroicipal Code is specific in the penalties to be assessed in the event of nonpayment. Although the staff does not believe'a refund is due, we agree that the collection system can be improved. In an effort to reduce the possibility of nonpayment of taxes due to unfamiliarity with the law, the staff now sends a series of letters to the hotel operator as a reminder to file the necessary tax returns with the City. FISCAL IMPACT: The requested refund is $341.13. If approved, it would reduce TOT revenue by this amount. EXHIBITS: 1. Memo to Mayor Casler dated October 15, 1984 re: Carlsbad Trevelodge Transient Tax. 2. Letter to Mayor Gasler from Carlsbad Travelodge dated October 3, 1984. 0-N OCTOBER 15, 1984 TO: MAYOR CASLER FROM: Finance Director CARLSBAD TRAVELODGE TRANSIENT TAX According to our records the current owners of the Carlsbad Travelodge assumed responsibility for transient tax payments in November 1983. Tax payments have been made within the allowed time period for the fourth quarter 1983 and first quarter 1984. The transient tax payment for the second quarter 1984 was due on or before July 31, 1984. This payment was actually made on September 21, 1984. According to the Carlsbad Municipal Code (Section 3.12.080) the City must assess a late penalty of 10% for the first month and another 10% for the second month of delinquency. The amount due for the Travelodge was computed as follows: -Original amount of tax due by July 31, 1984 $3,412.00 -First 10% delinquent penalty (assessed Aug 1, 1984) $ 341.12 -Second 10% delinquent penalty (assessed Sept 1, 1984) $ 341.13 -Interest $ 17.06 Total Amount Due and Paid Sept 21, 1984 $4,112.19 I met with representatives of the Travelodge on the date payment was made to hear their request for a waiver of the second delinquent penalty. The owners of the Travelodge had been out of the country and were unaware that this tax had not been paid. Unfortunately, the Code allows for no waiver of penalties or interest assessed due to late filing of transient tax payments. The only extenuating circumstance would be the absence of the owner at the time the tax payment became due. In addition the way the Code is written, staff has no authority to waive any portion of the tax or penalities. The owners indicated that they were willing to pay the amount due but felt that their case should be heard by a higher authority. The Carlsbad Municipal Code 3.12.100 specifically allows the hotel operator to appeal to the City Council in the event that th-� amount of tax assessed by the staff is felt to be unfair or too high. A copy of this section is attached. EXHIBIT 1 W w :age -2- Carlsbad Travelodge Transient Tax October 15, 1984 Based on my reading of the Code it appe ars that the operator has the right to request a hearing before the Council and that Council has the authority -to readjust the fees assessed. If you would like we will get this drafted up as an agenda bill ; and put it on the next available regular Meeting, lI ELLIOTT JFE : mmt c: Frank Aleshire Al Capuchino WA 7R F OOG.r CARLSBAD CALIFORNIA 3570 PIG PICO. CARLSBAD. CALIFORNIA 9" (714) 72943a3 OCTOBER 3,1984 DEAR HONORABLE MAYOR: I would like to appear to your Honor for waiving, the second penalty on the motel room tax which had been added to the room tax payment. I already made the payment on Sept. 1984, The motel was called Travelodge of Carlsbad, now is called Carlsbad Lodge. The motel room tax was for the period of April 1 through June 30, 1984. Total amount is $3412.88. The reason for the request is due to my ignorance of the law PLUS the City do not have the system which will notify the non -paid citizen to aware of overdue payment and/plus penalty. i t Your consideration of this matter is very appreciated. S*Ch rs, CC: Mr. James F Elliott EXHIBIT '2 For Reservations at any Travel odpe World Wide Call 800.255.3050 (Toll Free) 4