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19800415 1980-7ORDINANCE NO. 1980-7 AN ORDINANCE TO REPEAL EXISTING ARTICLE IV OF CHAPTER EIGHT OF THE CODE OF THE CITY OF FAIRFAX, VIRGINIA, AND ORDINANCE NO. 1978-28 AND TO ENACT A NEW ARTICLE IV OF CHAPTER 8 OF THE CODE OF THE CITY OF FAIRFAX, VIRGINIA, ESTABLISHING A BANK FRANCHISE TAX. BE IT ORDAINED by the City Council of the City of Fairfax, Virginia, that existing Article IV of Chapter 8 of the Code of the City of Fairfax, Virginia, is hereby repealed in its entirety; and be it FURTHER ORDAINED that Ordinance Number 1978-24 adopted by the City Council of the City of Fairfax on December 5, 1978, is hereby repealed in its entirety; and be it FURTHER ORDAINED that a new Article IV of Chapter 8 of the Code of the City of Fairfax, Virginia, be and hereby is enacted to read in its entirety: ARTICLE IV. BANK FRANCHISE TAX Section 8-15.1 Definitions For purposes of this Article, the following words shall have the meanings ascribed to them by this section: (a) "Bank" shall be as defined in Section 58-485.01 of the Code of Virginia. (b) "Net Capital" shal 1 mean a bank's net capital computed pursuant to Section 58-485.07 of the Code of Virginia. Section 8-15.2 Imposition of City Bank Franchise Tax. (a) Pursuant to the provisions of Chapter 10.01 of Title 58 of the Code of Virginia, there is hereby imposed upon each bank located within the boundaries of this city a tax on net capital equalling 80 percentum of the state rate of franchise tax set forth in Section 58-485.06 of the Code of Virginia. (b) In the event that any location of a bank within the boundaries of this city is not the principal office of said bank, but is a branch extension or affiliate of the principal office, the tax upon such branch shall be apportioned as provided by Section 58-485.012 of the Code of Virginia. Section 8-15.3 Filing of Return and Payment of Tax. (a) On or after the first day of January of each year, but not later than March 1 of any such year except 1980, all banks whose principal offices are located within this city shall prepare and file with the Commissioner of the Revenue a return as provided by Section 58-485.013 of the Code of Virginia in 1980-7 duplicate. The return shall set forth the tax on net capital computed pursuant to Chapter 10.01 of Title 58 of the Code of Virginia. The Commissioner of the Revenue shall certify a copy of such return and schedule, and shall forthwith transmit such certified copy to the State Department of Taxation. For the year 1980, all such banks shall file returns within 30 days of the date of adoption of this Article. (b) In the event that the principal office of a bank is located outside the boundaries of this city and such bank has branch offices located within this city, any bank conducting such branch business shall file with the Commissioner of the Revenue or appropriate assessing officer of this city a copy of the real estate deduction schedule, apportionment and other items which are required by Sections 58-485.012, 58-485.013 and 58-485.014 of the Code of Virginia. (c) Each bank, on or before the first day of June of each year, shall pay into the treasurer's office of this city all taxes imposed pursuant to this Article. In the event that this Article is adopted after May 1, 1980, the taxes shall be due and payable 30 days after the due date for the filing of the return for the year 1980. Section 8-15.4 Effective Date of Article. The provisions of this Article shall be effective for the year beginning January 1, 1980. Section 8-15.5 Penalty upon bank for failure to comply with Article. Any bank which shall fail or neglect to comply with any provision of this Article shall be fined not less than one hundred nor more than five hundred dollars, which fine shall be recovered upon motion, after five days' notice in the Circuit Court for this city. The motion shall be in the name of the Commonwealth and shall be presented by the attorney for the Commonwealth of this locality. Introduced: Adopted: April i, 1980 April 15, 1980 ATTE S T: MAYOR CI T~ CUERK