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COMMUNITY PRIDE <br />1953 -- 2009 <br />515 Little Canada Road, Little Canada, MN 55117 -1600 <br />(651) 766 -4029 / FAX: (651) 766 -4048 <br />www.ci.little- canada.mn.us <br />MEMORANDUM <br />TO: Mayor Fahey and Members of the City Council <br />FROM: Shelly Rueckert, Accounting Supervisor <br />DATE: November 7, 2003 <br />RE: Sales and Use Tax Audit <br />MAYOR <br />Michael I. Fahey <br />COUNCIL <br />Jim LaValle <br />Blatt Anderson <br />Rick Montour <br />13111 Blesener <br />A041INLSTRATOR <br />Joel R. Hanson <br />Recently the City was contacted by a business in the community that had a sales tax audit. The <br />auditor informed the business that they should have been paying sales tax on Little Canada's water <br />service charge. While the City has been taxing commercial water usage, it has excluded the water <br />service charge from sales tax. This business owner sent us a copy of the documentation that was <br />provided by the auditor explaining the taxability of the charge. After receiving this documentation <br />and doing some additional research, it was determined that the water service charge should be taxed <br />to commercial users. Since this was learned three to four days prior to the third quarter water billing, <br />staff added the tax to all commercial accounts. <br />The State Department of Revenue subsequently contacted the City requesting to conduct a sales and <br />use tax audit, stating they had a specific issue they wanted to review. Upon inquiry the issue was <br />determined to be the water service charge. At that point the auditor was informed the City was <br />billing the tax for the third quarter. After some further discussion, the auditor offered to do a <br />managed audit for the City. This essentially involves certain agreed upon procedures that would <br />reduce the State's time in conducting the audit. City staff will prepare the majority of the audit work <br />with the State reviewing this work and, in addition, the State will perform its own review of the use <br />tax. The advantage of this agreement is that the State waives any penalty and interest associated with <br />the water service charge and other items we provide documentation regarding. The State can go back <br />three years in their audits. <br />I have made an initial estimate of the unbilled sales tax on the water service charge. Based on a <br />review of third quarter's billing, there was approximately $835 in sales tax generated due to the <br />taxing of the water service charge. The total for the prior 12 quarters would be something less than <br />$835 per quarter due to the fact that the number of commercial accounts have increased over this <br />time. For purposes of this document, we are using an overall estimate of $10,000. <br />1 <br />