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HomeMy WebLinkAboutResolution 2015-112 Approving MOU between the State of Arizona Dept of Revenue and Town of MaranaMARANA RESOLUTION NU. 2015 -112 RELATING TO TRANSA.CTION PRIVILEGE rI APPROVING AND AUrT HORIZING rT H FINANCE DIRECTOR TO EXECUTE A MEMORANDUM OF UNDERSTANDING BETWEEN THE STATE OF ARIZONA DEPARTMENT OF REVENUE AND THE TOWN OF MARANA TO ESTABLISH PERFORMANCE MEASURES TO PROMOTE THE TIMELY, EFFICIENT AND ACCURATE PROCESSING OF MUNICIPAL TAX MATTERS WHEREAS A.R.S. § 42 -6001 et seq. provides that the Arizona Department of Revenue (ADOR) shall collect and administer any transaction privilege and affiliated excise taxes imposed by any city or town in Arizona and that the Department and each city or town shall enter into an inter - governmental contract or agreement (IGA) pursuant to A.R.S. § 11 -952 to provide a uniform method of administration, collection, audit and licensing of transaction privilege and affiliated excise taxes imposed by the state, cities or towns; and WI �EREAS on .Tune 16, 2015, the Town Council adopted Resolution No. 2015 -061 approv- ing and authorizing the Mayor to execute an IGA with ADOR regarding the administration, collec- tion, audit and/or licensing of transaction privilege tax and affiliated excise taxes imposed by the Town of Marana; and WHEREAS in furtherance of the purposes of the ILIA, the parties desire to enter into a mem- orandum of understanding to establish performance pleasures to promote the timely, efficient and accurate processing of municipal tax matters; and WHEREAS the Town Council finds that entering into this memorandum of understanding is in the best interests of the Town and its citizens. Now, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, AS FOLLOWS: SECTION I. The memorandum of understanding between the Arizona Department ofReve- nue and the Town of Marana, attached to and incorporated by this reference in this resolution as E hibit A, is hereby approved and the Finance Director is hereby authorized to execute it f or and on behalf of the Town of Marana. SECTION 2. The Town's Manager and staff` are hereby directed and authorized to undertake all other and further tasks required or beneficial to carry out the terms, obligations, and objectives of the memorandum of understanding. 00042602.DOC /2 Marana Resolution No, 2015-112 10/12/2015 1;21 11M.11 "A"C PASSED AND AI)OPTED BY THE MAYOR AND COUNC1.1, 01i''I'l.11.1i'l-'OWN 01 MARANA, ARIZONA, this 20th da of October, 2015. ATTEST: () WN p A MA! -A - 7 JAcel C Town Clerk 00042602.DOC 12 Marana Resolution No. 2015-112 Ma Ed onea/ 9pm 10/1212015 1:21 PMJF/FC APPROVED AS TO FORM: . ..... ...... Memorandum of U Inderstanding. . ........ ... . . ........... . . . . .......... . .... ... ........ Memorandum of Understanding Between Arizona Department of Revenue and City/Town of Background Administration and collection of local municipal transaction privilege tax and similar affiliated excise taxes imposed under the Model city Tax code are governed under Arizona Revised Statutes Title 42, Chapter 6. House Bill 2111 (2013 First Regular Session) and House Bill 2389 (2014 Second Regular Session), as a means of simplifying tax administration, requires the local municipal transaction privilege and affiliated excise taxes to be collected and administered by the Arizona Department of Revenue ( "DOR "). In addition, DOR and each city and town shall enter into an intergovernmental agreement to establish a uniform method of administration, collection, audit, and licensing. House Bill 2617 (2015 First Regular Session) requires DOR to impose fees on cities and towns to pay a portion of administrative, program and other operating costs for DOR to provide administrative and collection services to local governments. Purpose In furtherance of this mission and the fees imposed by House Bill 2617, this Memorandum of Understanding (MOU) sets forth the understanding between the DOR and the City/Town of ( "City/Town ") to establish performance measures to promote the timely, efficient and accurate processing of municipal tax matters. Reporting Appendix A, which was created by a team of representatives from DOR and the cities and towns, focuses on the performance measures in the operational areas of Administration, customer Service, AZTAXES.gov, Audit, and Collections. Duration The term of this MOU shall be from July 1, 2015 through June 30, 2016. Annual Review During the term of this MOU, the Appendix A may undergo an annual review to be completed no later than March 31' of each year, however can be delayed or canceled if determined no review is necessary. The performance measures may be modified by DOR and the cities and towns upon mutual agreement during the annual review process. These performance measures are goals. Payments due from cities and towns are required by law, and not contingent upon DOR meeting the goals. Arizona Department of Revenue Attn: Director, Division Code 20 1 600 W. Monroe Phoenix, AZ 85007 Director Arizona Department of Revenue C ity/Town of City Address Date: Chief Financial Officer /Finance Director C ity/Town of Date.* Appendix A Performance Category Administration Goal /Objective Performance Measurement Report Additional Info Frequency New licenses processed To process new license applications 1. average # of days to process a new license Monthly within 5 days of receipt application 2. % of new license applications processed within 5 days of receipt License Modifications /Cancellations To process license # of license modifications /cancellations Monthly modifications /cancellations received remaining at the end of the month by the 25th of the month by the end of the month. Clean cut off by calendar month activity on all DOR will ensure that all money 1. Close the previous accounting month by the Monthly monthly activity reports deposited within a calendar month and 15th of the following month. 2. Beginning all returns received within a calendar January, 2016, to distribute money from 2 month will be processed within that accounting months during the first 2 weeks of accounting month and money the new accounting month. distributed for that month. All TPT Tax Returns processed including To process all TPT tax returns within an Average # of days to process a TPT tax return /% Monthly amendments, modifications, adjustments, etc. average of 4 calendar days. of TPT tax returns processed within 4 calendar days TPT Deposits Payments processed and deposited Average # of days to deposit TPT money Monthly within 24 hours of receipt Distribution or Allocation errors Notify affected cities of distribution or As needed allocation error within 5 business days of identification Month End City Journals To complete the month -end 1. Number of calendar days to issue the City Monthly reconciliation process and issue the Payment Journal. 2. Percent of months in City Payment Journals by the 15th of which report was issued prior to the 15th the next calendar (accounting) month. calendar day of the month. Customer Service ADOR MOU Performance Measures 07 -16 -15 FINAL Page 1 of 5 Appendix A Performance Category Goal /Objective Performance Measurement Report Additional Info Frequency Cities Unit - Request for Research To provide feedback to city requests 1. Average # of days to provide feedback to city Monthly June 2015: 24% the following items: for research by establishing contact requests for research. 2. # of days for AZTaxes online and available with Cities Unit employee within 10 resolution of city request. Monthly days. was ready for discussion. Cities Unit - Request for Research - License To respond to city requests for license Average # of days to respond to a city request Monthly Report fields to include, but Compliance information within 5 days of request for license information not limited to; Business Name, c. Audits in Progress for All Cities Business Address, Owner d. Completed Audits for All Information. TIA - Incoming Calls from Businesses To respond to business taxpayer calls Average # of minutes to respond to a business Monthly e. VDAs within 15 minutes. taxpayer call AZTaxes Electronic return filings To increase the percentage of TPT % of TPT taxpayers who file electronically Monthly June 2015: 24% the following items: taxpayers who file electronically to 40% by the UAC meeting in September, 2015. 2. AZTaxes online and available To ensure that AZTaxes.gov is available % of time AZTaxes.gov is available Monthly for taxpayers use 24/7 was ready for discussion. Audit Comprehensive Audit Report(s) that includes To produce a comprehensive audit 1. Comprehensive TPT Audit Report designed Bi- monthly the following items: report bi- monthly to disseminate at by the UAC meeting in September, 2015. 2. the bi- monthly UAC meeting or email of bi- monthly UAC meetings in which report to non -UAC member cities. was ready for discussion. a. Planned Audits b. Request for Audits c. Audits in Progress for All Cities d. Completed Audits for All Cities /towns e. VDAs f. Managed Audits g. Audit Penalty Waivers h. Refund Requests i . Protests ADOR MOU Performance Measures 07 -16 -15 FINAL Page 2 of 5 Appendix A Performance Category Goal /Objective Performance Measurement Report Additional Info Frequency j. Settlements /Closing Agreements In State Audits (Field & Desk Review) Average # of months to complete an In State Monthly audit/ % of In State audits completed within 7 months of opening the audit Out of State Audits Average # of months to complete an Out of Monthly State Audit /% of Out of State Audits completed within 18 months of opening the audit License Compliance /Enforcement Report to be designed by September 2015 UAC Monthly meeting based upon License Compliance database. Consideration being given to sharing of data between DOR and cities and towns with licensing programs. Audit Assessments To process an audit conducted by Average # of days to process an audit Monthly city /town within 10 business days of conducted by city /town once a complete and receiving a complete and accurate file accurate file was received Collections DOR Comprehensive Collections Report that To provide Collections information 1. # of reports issued weekly 2. % of weeks Weekly includes the following information: pertaining to TPT accounts by the end report was issued of the following week. a. Payment Plans b. Liens c. Levies d. Judgments Identifies accounts on payment plans Identifies accounts with filed liens Identifies accounts that have been Identifies accounts that have judgments filed Modification of existing DOR internal report to include Status, total AR balance, etc. (Cannot be distinguished by city /town balances). Open /Closed /In Progress Collection Cases DOR does very few, if any, TPT ADOR MOU Performance Measures 07 -16 -15 FINAL Page 3 of 5 Appendix A Performance Category Goal /Objective Performance Measurement Report Additional Info Frequency e. Bankruptcies Identifies accounts in bankruptcy Modification of existing DOR status internal report to include Status, total AR Liquor Tag To provide Collections information 1. # of reports issued weekly 2. % of weeks Weekly DOR will have to issue a pertaining to TPT accounts with a report was issued separate report for Liquor Tag Liquor Tax by the end of the following License Update Report (new report) To issue report each week by noon on information. Weekly week. Tuesday via FTP to city /town each week 2. % of weeks in which reports Accounts Receivable - Aging Report Summary report of TPT activity Monthly were issued by noon on Tuesday REPORTS FROM DOR New License Report (modification of existing To issue report each week by noon on 1. # of reports issued by noon on Tuesday of Weekly All reports are listed in the IGA report) Tuesday via FTP to city /town each week 2. % of weeks in which reports were issued by noon on Tuesday License Update Report (new report) To issue report each week by noon on 1. # of reports issued by noon on Tuesday of Weekly Tuesday via FTP to city /town each week 2. % of weeks in which reports were issued by noon on Tuesday City /town Payment Journal Detail (CPJ) To issue report each week by noon on 1. # of reports issued by noon on Tuesday of Weekly (modification of existing report) Tuesday via FTP to city /town each week 2. % of weeks in which reports were issued by noon on Tuesday City /town Payment Journal Summary To issue report each week by noon on 1. # of reports issued by noon on Tuesday of Weekly (modification of existing report) Tuesday via FTP to city /town each week 2. % of weeks in which reports were issued by noon on Tuesday No money report (new report, data currently To issue report within 15 calendar days 1. # of reports issued by the 15th calendar day Monthly Filed and not paid /Licensed shown on CPJ) also includes delinquency after the close of the preceding month of the following month 2. % of months in but not filed information via FTP to city /town which report was issued prior to the 15th calendar day of the month Fund Distribution Report with 100% accuracy To issue report each week by noon on 1. # of reports issued by noon on Tuesday of Weekly Tuesday via FTP to city /town each week 2. % of weeks in which reports were issued by noon on Tuesday Fund Distribution Summary Report (new report) To issue report each week by noon on 1. # of reports issued by noon on Tuesday of Weekly Tuesday via FTP to city /town each week 2. % of weeks in which reports were issued by noon on Tuesday ADOR MOU Performance Measures 07 -16 -15 FINAL Page 4 of 5 Appendix A Performance Category Goal /Objective Performance Measurement Report Additional Info Frequency Deduction Report (new report) To issue report each week by noon on 1. # of reports issued by noon on Tuesday of Weekly Tuesday via FTP to city /town each week 2. % of weeks in which reports Select SLUG members To select the members of SLUG were issued by noon on Tuesday SLUG Reporting Create system for cities to appeal to SLUG To create a process for town /city to The process is documented by January 1, 2016 appeal to SLUG Select SLUG members To select the members of SLUG Members selected and documented by January committee by January 1, 2016 1, 2016 ADOR MOU Performance Measures 07 -16 -15 FINAL Page 5 of 5