Your
rights are guaranteed by law under Taxpayers’ Bill of Rights
and Uniform Revenue Procedures Act. They are as follows:
You have the right
to receive a clear and simple written description of your
role and the departments’ role during an audit or examination
before the audit or examination proceedings begin.
You have the right
to a written description of the basis for any preliminary
assessment, the basis for any penalty imposed by the City
of Gulf Shores Revenue Department regarding any preliminary
assessment, and a method describing how you can request an
administrative review of any preliminary assessment.
You have the right
to receive a written description of how you exercise your
right of appeal to the City of Gulf Shores Revenue Department
or Baldwin County Circuit Court at or before the issuance
of a final assessment.
You have the right
to have your examination conducted during regular business
hours or to arrange for a more convenient time.
You have the right
to be assisted or represented by your authorized representative
during dealings with the City of Gulf Shores Revenue Department.
You have the right to make an audio recording for any in-person
interview with a City of Gulf Shores Revenue Department representative
provided reasonable advance notice is given.
You have the right
to obtain assistance from the Taxpayer Advocate on matters
that have been pending for an unreasonable length of time.
You have the right to apply for the abatement of any penalties
attributable to erroneous written advice if furnished to
you by an employee of the City of Gulf Shores Revenue Department. |
Audit
Contact:
In most cases, we accept tax returns as filed. However,
if we select your return for audit and the audit cannot be
completed through correspondence, then your tax records will
be reviewed by an examiner. The audit process will begin
with the examiner giving you reasonable notice of your audit
and then scheduling an appointment to meet with you during
the City of Gulf Shores Revenue Department’s normal business
hours (or other hours in special cases). When your appointment
is made, the examiner will notify you in writing as to the
necessary books and records required for your audit.
Throughout any examination process, you may represent yourself,
or, with proper authorization, you may elect to have an “authorized
representative” act on your behalf. When you meet with the
examiner you have the right to have an authorized representative
present, or the authorized representative may represent you
in your absence. In order for the representative to act
on your behalf, you must (prior to your audit appointment)
sign a “Power of Attorney and Declaration of Representative”
form or such other form (such as a federal power of attorney
form) which designates you as the taxpayer, identifies the
type of tax or assessment, identifies your authorized representative,
and states the effective date of representation. To obtain
a “Power of Attorney and Declaration of Representative” form,
you may download the form at www.gulfshoresal.gov -
Click on Revenue Department.
If you wish, you may audio record any in-person interview
with a City of Gulf Shores Revenue Department employee, provided
you notify the City of Gulf Shores Revenue Department at
least 24 hours prior to your interview. Likewise, we may
audio record an in-person interview with you, provided we
notify you at least 24 hours prior to your interview or if
you have arranged to audio record your interview. In order
to obtain a copy of any transcript or audio recording made
by the City of Gulf Shores Revenue Department, you must make
a written request and pay the established fee.
Time Limitations:
In most cases, the City of Gulf Shores Revenue Department
has three (3) years from the date a tax return is due or
filed, whichever is later, to audit your tax return and assess
any additional tax, penalty, and interest due, or notify
you of any refund we may owe you. This authority is granted
under Title 40, Chapter 2A Code of Alabama, 1975.
There are, however, certain circumstances in which
the time limitations to access additional tax may be extended.
Some of those circumstances are as follows:
1. The Internal Revenue Service (IRS) adjusts your federal
income tax return and these changes affect your Alabama return.
2 You signed an agreement with the City of Gulf Shores
Revenue Department to extend the time period to adjust your
state or local tax return.
3. You omitted more than 25 percent of the taxable
base that should have been reported on your tax return.
4. You failed to file a return or intentionally
misstated or fraudulently filed your tax return.
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After
the Audit
After the audit, we will take one of the following
three actions:
- Accept your tax return(s) as filed;
- Issue a “Preliminary Assessment” which will state any
additional tax, penalty, and interest we believe you owe;
or
- Issue a refund of tax and any applicable interest to
you.
If we propose any changes to your tax return, we will explain
the reasons. Please inquire about anything that is unclear
to you.
If you do not agree with the City of Gulf Shores Revenue Department’s
decision in your case, you may appeal this decision by filing
a written “Petition for Review” to request a conference on
your case. The “Petition of Review” must be filed within thirty
(30) days of the issuance date of the preliminary assessment.
The City of Gulf Shores Revenue Department will review your
petition and schedule a conference if requested or otherwise
necessary.
During this conference you will have the opportunity to discuss
your case with a designated hearing officer. This conference
will allow both you and the City of Gulf Shores Revenue Department
to present each side of the issue and to review any additional
information being presented.
Based on the outcome of this conference, the City of Gulf Shores
Revenue Department will either cancel, change, or affirm its
previous action.
If you do not timely file your “Petition for Review” or the
City of Gulf Shores Revenue Department determines from the
conference that the Preliminary Assessment is due to be upheld
in whole or in part, the City of Gulf Shores Revenue Department
will enter a Final Assessment.
If a Final Assessment is entered, you will be notified in writing
and be advised that you may appeal to City of Gulf Shores Revenue
Department or Circuit Court in Baldwin County.
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City
of Gulf Shores Revenue Department complies with the Code
of Alabama, 1975, as amended and the Rules and Regulations
as provided by the Alabama Department of Revenue.
City of Gulf Shores Revenue Department collects
the following taxes:
Business License
Beer Tax
Consumer Use Tax
Lodging Tax
Motor Fuel Tax
Rental/Lease Tax
Sales Tax
Sellers Use Tax
Tobacco Tax
Wine Tax
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