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HomeMy WebLinkAboutResolutions 19-05-508 - 05/20/2019 - Sales Tax InformationSTATE OF GEORGiA COUNTY OF FULTON RESOLUTION NO. 19-05-508 RESOLUTION REQUESTING SALES TAX INFORMATION FROM THE GEORGIA DEPARTMENT OF REVENUE PURSUANT TO O.C.G.A. § 48-2-15(d.l) AND NAMING A DESIGNATED OFFICER FOR ALL RELATED PURPOSES WHEREAS, Georgia Code O.C.G.A. § 48-2-15 , as amended in 2018 , authorizes the Commissioner of the Georgia Department of Revenue (hereinafter the "DOR Commissioner") to provide certain confidential sales tax information to the "designated finance officer or taxing official" of local governments; and WHEREAS, more specifically, O.C.G.A. § 48-2-15(d .1) authorizes the DOR Commissioner to provide to a local government's designated officer, upon request, certain information relating to vendors that have submitted sales tax reports within the period of time set forth in that request ; and WHEREAS, O.C .G.A. § 48-2-15(d.1) further allows the local government 's designated officer to request that the DOR Commissioner validate , from time to time, the political subdivision to which sales taxes are being remitted by taxpayers with a business location within that local government 's boundaries; and WHEREAS, the City of Milton desires to obtain the sales tax information described in the above Georgia Code Section; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Milton, as follows: 1. The City Council hereby designates the following finance or tax official as the City of Milton 's Designated Officer for all purposes described in O.C.G.A. § 48-2-15(d.1): Bernadette Harvill, Finance Director City of Milton 2006 Heritage Walk (678) 242-2510 Bernadette.harvill@ cityofmil tonga . us 2. The City Council hereby requests that the DOR Commissioner ( or his/her designee) furnish to the above-named Designated Officer all vendor sales tax information described in O.C.G.A. § 48-2-15(d.1)(1) for the City of Milton for the time period commencing on July 1, 2018 and ending on April 30, 2019; 3. In accordance with O.C.G .A. § 48-2-15(d.1)(2)(B) and following receipt of the information described in Paragraph 2 , above, the Designated Officer is hereby authorized to request validation by the DOR Commissioner of the political subdivision to which one or more vendors/taxpayers with a business location in the City of Milton have remitted sales taxes for the designated period, with such validation request to contain the business name and location address of each such vendor/taxpayer and such other information as may assist the DOR Commissioner in responding to such validation request; 4. The Designated Officer shall use such information only in the discharge of his/her duties and shall maintain the confidentiality of such information as required by O.C.G.A. § 48-2-15(d.1); and 5. The City Council shall comply with all confidentiality requirements of O.C.G.A. § 48- 2-15( d . l ), including, but not limited to, the requirements that 1) such information may only be discussed by members of the City Council in executive session and 2) members of the City Council shall recuse themselves from such executive session discussions in the event of a conflict of interest as described in the above Georgia Code Section. BE IT FURTHER RESOLVED, that this Resolution shall become effective upon its approval by the City of Milton City Council, and the official named above shall remain The City of Milton's Designated Officer for all purposes under O.C.G.A. § 48-2-15(d.1) until further action of the Board of Commissioners. BE IT FURTHER RESOLVED, that the City of Milton City Clerk is hereby directed to provide a certified copy of this Resolution to the Georgia Department of Revenue via email (public.disclosure@ dor.ga.gov) or to otherwise transmit a copy of this Resolution as may directed by the Georgia Department of Revenue. PASSED AND RESOLVED this 20 th day of May 2019. ~:LTON CITY cou;~ Mayor ATTEST: ?»n!;nd City Clerk «] 2