HomeMy WebLinkAboutResolution - 3845RESOLUTION
3845
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Resolution Authorizing the Examination of Transactions (Sales) and Use Tax Records
WHEREAS, pursuant to Ordinance No. 20-10 of San Jacinto hereinafter called
District and Section 7270 of the Revenue and Taxation Code, the District entered into a contract with
the California Department of Tax and Fee Administration (CDTFA) to perform all functions incident
to the administration and operation of the Transactions and Use Tax Ordinance; and
WHEREAS, the District deems it desirable and necessary for authorized representatives of the District
to examine confidential transactions and use tax records of the California Department of Tax and Fee
Administration pertaining to transactions and use taxes collected by the Board for the District pursuant
to that contract; and
WHEREAS, Section 7056 of the Revenue and Taxation Code sets forth certain requirements and
conditions for the disclosure of California Department of Tax and Fee Administration records and
establishes criminal penalties for the unlawful disclosure of information contained in or derived from,
the transactions and use tax records of the Board;
NOW, THEREFORE IT IS RESOLVED AND ORDERED AS FOLLOWS:
Section 1. That the City Manager, Deputy City ger, Finance Director or other officer or
employee of the District designated in writing by the Cily Manager_or Deputy Cijy Manager to the
California Dept of Tax and Fee Administration (hereafter referred to as the CDTFA) is hereby
appointed to represent the District with authority to examine transactions and use tax records of the
CDTFA pertaining to transactions and use taxes collected for the District by the CDTFA pursuant to
the contract between the District and the CDTFA. The information obtained by examination of
CDTFA records shall be used only for purposes related to the collection of the District's transactions
and use taxes by the CDTFA pursuant to the contract.
*Section 2. That the City Mpager. Deputy CityManager- _Finance Director or other officer or
employee of the District designated in writing by the City_ Mgqger or De ty Cily Manager to the
California Dept of Tax and Fee Administration is hereby appointed to represent the District with
authority to examine those transactions and use tax records of the Board for purposes related to the
_following governmental ctions of the District.
a) Collection _ proper administration of the Citv's transaction and use tax
b)
c)
The information obtained by examination of CDTFA records shall be used only for those governmental
functions of the District listed above.
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*Section 3. That Hinderliter de Llamas & Associates is hereby designated to examine the transactions
and use tax records of the California Department of Tax and Fee Administration inin to
transactions and use taxes collected for the District by the Department. The person or entity designated
by this section meets all of the following conditions:
a) has an existing contract with the District to examine those transactions and use tax records;
b) is required by that contract to disclose information -contained in, or derived from those
transactions and use tax records only to the officer or employee authorized under Section I (or
Section 2) of this resolution to examine the information;
c) is prohibited by that contract from performing consulting services fora retailer during the term
of that contract;
d) is prohibited by that contract from retaining the information contained in or derived from those
transactions and use tax records after that contract has expired.
BE ff FURTHER RESOLVEDthat the information obtained by examination of Board records shall
be used only for purposes related to the collection of District's transactions and use taxes by the Board
pursuant to the contracts between the District and Board.
*Section 4. That this resolution supersedes all priortransactions and use tax resolutions of the San
Jacinto adopted pursuant to subdivision (b) of Revenue and Taxation Section 7056.
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Include in resolution only if applicable.
Introduced, approved and adopted this 8th day of December, 2020.
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Andrew Kotyuk Wyk (Attest)
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(Signature) (Date
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Rev. ON20
_21