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File #: O-451-20    Version: 1 Name:
Type: Ordinance Status: Passed
File created: 9/30/2020 In control: Budget Committee
On agenda: 11/5/2020 Final action: 11/5/2020
Title: AN ORDINANCE AMENDING CHAPTER 121 OF THE LOUISVILLE/JEFFERSON COUNTY METRO GOVERNMENT CODE OF ORDINANCES ("LMCO") BY CREATING A NEW SECTION CONCERNING REFUNDS OF OVERPAYMENTS OF TRANSIENT ROOM TAXES.
Sponsors: Bill Hollander (D-9)
Attachments: 1. O-451-20 V.1 100820 Transient Tax Refund.pdf, 2. ORD 138 2020.pdf
ORDINANCE NO. _____, SERIES 2020
Title
AN ORDINANCE AMENDING CHAPTER 121 OF THE LOUISVILLE/JEFFERSON COUNTY METRO GOVERNMENT CODE OF ORDINANCES ("LMCO") BY CREATING A NEW SECTION CONCERNING REFUNDS OF OVERPAYMENTS OF TRANSIENT ROOM TAXES.
BODY
SPONSORED BY: COUNCIL MEMBER BILL HOLLANDER

WHEREAS, Chapter 121 of the Louisville/Jefferson County Metro Government Code of Ordinances pertains to the levy of transient room taxes as authorized by KRS 91A.390, KRS 153.440 and KRS 91A.392; and
WHEREAS, Chapter 121 currently does not provide the Louisville/Jefferson Metro Revenue Commission (the "Revenue Commission") with the ability to refund overpayments of transient room taxes; and
WHEREAS, the Revenue Commission has recently received requests from taxpayers requesting refunds for overpayments of transient room taxes; and
WHEREAS, it is not Metro Government's intent to collect more than what is due from a taxpayer; and
WHEREAS, it is appropriate to grant the Revenue Commission the authority to make refunds for overpayments of transient room taxes.
NOW THEREFORE BE IT ORDAINED BY THE LEGISLATIVE COUNCIL OF THE LOUISVILLE/JEFFERSON COUNTY METRO GOVERNMENT AS FOLLOWS:

SECTION I: A new section of LMCO Chapter 121 is hereby added as follows:
LMCO ? 121.06 REFUNDS.
(A) An overpayment of any tax collected pursuant to ?121.01 may be refunded within two years of the date prescribed by law for the filing of a return or the date the money was paid to the Revenue Commission, whichever is later.
(B) Refunds will only be paid, or credits made, only if (i) timely requested by the taxpayers described in ?121.02(B) within the two year limitation contained in this section, (ii) if applicable, the taxpayer is in compliance with the registration requirements in ??115.515, 115.516 and 115.517, and (iii) additional tax obligations for other periods have been satisfied by the requesting taxpayer.
(C) The request for a refund shall be made...

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