§ 6-141. Deficiency determinations.

(a)

Recomputation of tax; authority to make; basis of recomputation. If the tax commissioner is not satisfied with the return or returns of the tax or the amount of the tax required to be paid to Fulton County by any person, he may compute and determine the amount required to be paid upon the basis of any information within his possession or that may come into his possession. One or more deficiency determinations may be made of the amount due for one or more monthly periods.

(b)

Interest on deficiency. The amount of the determination, exclusive of penalties, will bear interest at the rate of three-fourths of one percent per month, or fraction thereof, from the 20th day after the close of the monthly period for which the amount or any portion thereof should have been returned until the date of payment.

(c)

Offsetting of overpayments. In making a determination the tax commissioner may offset overpayments, for a period or periods, against underpayments, for another period or periods, against penalties, and against the interest on underpayments. The interest on overpayments will be computed in the manner set forth in subsection 6-142(c).

(d)

Penalty; negligence or disregard of rules and regulations. If any part of the deficiency for which a deficiency determination has been made is due to negligence or disregard of rules and regulations, a penalty of 15 percent of the amount of such deficiency will be added thereto.

(e)

Penalty for fraud or intent to evade. If any part of the deficiency for which a deficiency determination is made due to fraud, or an intent to evade any provisions of this regulation or other authorized rules and regulations, a penalty of 25 percent of the deficiency will be added thereto.

(f)

Notice of tax commissioner's determination; service of. The tax commissioner, or a designated representative, will give to the licensee, written notice of the determination. The notice may be served personally or by mail; if by mail, such service will be addressed to the licensee at his address as it appears in the records of the tax commissioner. In the case of service by mail of any notice required by this article, the service is complete at the time of deposit in the United States Post Office.

(g)

Time within which notice of deficiency determination to be mailed. Except in the case of fraud, intent to evade this division, or authorized rules or regulations, or failure to make a return, every notice of deficiency determination will be mailed within three years after the 20th of the calendar month following the monthly period for which the amount is proposed to be determined, or within three years after the return is filed, whichever period should last expire.

(Ord. No. 05-1249, 11-2-05)