§ 150-957. Period used where gross receipts are the measure of the license.

(a)

The basis for determining the amount of the annual licenses provided by this article, where the license is measured by gross receipts shall be as follows:

(1)

If the business has been conducted previously by the same party, the annual gross receipts, gross fees, or gross commissions earned, whether received or accrued, during the preceding calendar year for which the license is issued shall be the basis for determining the amount of the annual license.

(2)

If the business is begun during the calendar year for which the license is issued, the license for the year of commencement shall be based on the gross receipts, gross sales, gross premiums, gross fees, or gross commissions earned, regardless of whether received or accrued, during the first 30 days of business, multiplied by the number of months, or major fraction thereof remaining in the calendar year; however, any business which opens after June thirtieth of the year in question whose estimated gross receipts for the remainder of the year are less than one-half of the maximum gross revenue allowed in the minimum rate under the classification of the particular business, shall pay for the remainder of the year at one-half the minimum rate.

(3)

If the business is begun less than 30 days before the end of the calendar year for which the license is to be issued, the tax shall be based on the gross receipts, gross sales, gross premiums, gross fees, or gross commissions earned, regardless of whether received or accrued, during the calendar year; however, one-half of the annual rate shall apply to such businesses whose gross receipts for the period operated during the calendar year is less than one-half of the maximum gross revenue allowed in the minimum rate under the classification of the particular business.

(4)

The license tax of the business for the calendar year following that of commencement shall be based on the gross receipts, gross sales, gross premiums, gross fees, or gross commissions earned, regardless of whether received or accrued, during the previous year, divided by the number of days in operation during the year of commencement, and multiplied by 365.

(b)

The date of beginning business for the purposes of this article shall depend upon the type of business involved, and shall be governed by regulations promulgated by the director of the department of finance according to law.

Regulation 150-957(b). Period used where gross receipts are the measure of the license.

The term "date of beginning business," for the purpose of calculating the license tax, shall be defined as follows:

(1)

Tentative date of beginning business.

The taxpayer shall furnish to the collector the date on which the business is anticipated to begin and shall pay the tentative tax; if no date is given, the date of application shall be used.

(2)

Actual date of beginning business.

The date that the business is considered to have actually begun shall be contingent upon one of the following conditions:

a.

The date on which sales and/or services facilities are fully operational and available to the customer, or

b.

The date on which loans are made, if in the business of lending or dealing in notes, or

c.

The date on which commissions or fees are earned, if in the business as a broker or commission agent, or

d.

The date on which contracts were entered into, if in business as a contractor.

(Code 1956, § 70-7; Ord. No. 19,937, § I, 12-1-00)

State law reference

Similar provisions, R.S. 47:348.