§ 28-75. Collection of simplified municipal telecommunications tax by retailers.

(a)

The tax authorized by this section shall be collected from the taxpayer by a retailer maintaining a place of business in this State and shall be remitted by such retailer to the department. Any tax required to be collected pursuant to or as authorized by this section and any such tax collected by such retailer and required to be remitted to the department shall constitute a debt owed by the retailer to the State. Retailers shall collect the tax from the taxpayer by adding the tax to the gross charge for the act or privilege of originating or receiving telecommunications when sold for use, in the manner prescribed by the department. The tax authorized by this section shall constitute a debt of the taxpayer to the retailer until paid, and, if unpaid, is recoverable at law in the same manner as the original charge for such sale at retail. If the retailer fails to collect the tax from the taxpayer, then the taxpayer shall be required to pay the tax directly to the department in the manner provided by the department.

(b)

Whenever possible, the tax authorized by this section shall, when collected, be stated as a distinct item separate and apart from the gross charge for telecommunications.

(Code 1993, § 17-4.3; Ord. No. 2002-O-61, 9-10-2002)