Legal Documents of Gatlinburg

The gross receipts tax of one and one-fourth percent (1¼%) levied hereunder shall be due and payable monthly, beginning on the 15th day of July, and for the purpose of ascertaining the amount of tax payable under this chapter it shall be the duty of all persons subject to this tax on or before the 20th day of the month following the month in which this tax shall become effective to submit to the finance director, upon forms prescribed, prepared and furnished by him, returns, showing the gross receipts arising from the doing of business during the preceding calendar month; and thereafter like returns shall be prepared and submitted to said finance director by all persons subject to this chapter on or before the 20th of each month, for the preceding calendar month.

When any person subject to this chapter shall fail to make any return and pay the full amount of the tax required by this chapter there shall be imposed, in addition to other penalties provided herein, a specific penalty to be added to the tax in the amount of five percent (5%), if the failure is for not more than thirty (30) days, with an additional five percent (5%) for each additional thirty (30) days, or fraction thereof, during which the failure continues, not to exceed twenty-five percent (25%) in the aggregate. In the case of a false or fraudulent return, where willful intent exists to defraud the City of Gatlinburg of any tax due under this chapter, a specific penalty of fifty percent (50%) of the tax bill shall be assessed.

When any person fails to remit any tax, or any portion thereof, on or before the date when such tax shall be required by law to be paid, there shall be added to the amount due interest at the rate of ten percent (10%) per annum from the date due until paid.

All penalties and interest imposed by this chapter shall be payable to and collectible by the finance director in the same manner as if they were a part of the tax imposed.

The finance director for good cause may extend for not to exceed thirty (30) days the time for making any returns required under the provisions of this chapter.

In the event any person fails to make a report and pay the tax as provided by this chapter, or in case any person makes a grossly incorrect return, or a return that is false or fraudulent it shall be the duty of the finance director to make an estimate for the taxable period of such person's gross receipts, and assess and collect the tax and interest, plus penalty, if such have accrued, on the basis of such assessment, which shall be considered prima facie correct, and the burden to show the contrary shall rest upon the person owing said tax.

It shall be the duty of every person required to make a return and pay said tax under this chapter to keep and preserve suitable records of the gross receipts of such person taxable under this chapter, and such other books of account as may be necessary to determine the amount of tax due hereunder, and other information as may be required by the finance director, and it shall be the duty of every such person, moreover, to keep such books of account for a period of two years, and all such books of account or other records shall be open to examination at all reasonable hours to the finance director or any of his authorized agents. (1976 Code, § 6-502)