Item 09 - Agreement for Business License Tax and Fee Software Services

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Flat rate or flat rate tax shall mean a fixed amount assessed per business location or, alternatively, a fixed amount assessed for the privilege of engaging and transacting in business activity within the city from place to place. General contractor shall include any general building contractor or general engineering contractor or any other person who is licensed pursuant to Sections 7056 and/or 7057 of the California Business and Professions Code as the same now exists or as hereafter amended. Gross receipts shall include the total amount of the sale price of all sales and the total amount charged or received for the performance of any act or service of whatever nature it may be, for which a charge is made or credit allowed, whether or not such act or service is done as a part of or in connection with the sale of materials, goods, wares or merchandise. The following shall be included in "gross receipts": all receipts, rents, cash, credits and property of any kind or nature, without any deduction therefrom on account of the cost of property sold, the cost of materials used, labor or service cost, interest paid or payable, or losses or other expenses whatsoever. The following shall be excluded from "gross receipts": (a) Cash discounts allowed and taken on sales; (b) Credit allowed on property accepted as part of the purchase price and which property may later be sold; (c) Any tax required by law to be included in or added to the purchase price and collected from the consumer or purchaser; (d) Such part of the sale price of property returned by purchasers upon rescission of the contract of sale as is refunded either in cash or by credit; (e) Amounts collected for others where the business is acting as an agent or trustee to the extent that such amounts are paid to those for whom collected, provided the agent or trustee has furnished the collector with the names and addresses of the others and the amounts paid to them, other than amounts received as commissions or fees earned, or charges of any character made or compensation of any character received for the performance of any service as agent or trustee; provided that any agent or trustee dealing in stocks or other similar written instruments evidencing a right to participate in the assets of any business, or dealing in bonds or other evidences of indebtedness, who also deals in such property as a principal, shall include in the gross receipts by which the tax is measured the amount of his or her trading profits resulting therefrom. No deduction from receipts attributable to trading as a principal shall be made unless such deduction is provided for in this section; (f) The difference between the balance owed and paid on a defaulted purchase or finance contract upon repossession by seller and the amount received from resale of the repossessed article by the repossessing seller; (g) Receipts of refundable deposits, except that refundable deposits forfeited and taken into income of the business shall not be excluded; (h) As to alcoholic beverages, that portion of the receipts of a manufacturer, transporter, retailer or wholesale distributor generated or otherwise collected from the manufacture, transport, retail or wholesale of intoxicating liquors within the state pursuant to Article XX, Section 22 of the State Constitution; (i) As to a retail gasoline dealer, a portion of his or her receipts from the sale of motor vehicle fuels equal to the motor vehicle fuel license tax imposed by and previously paid under the provisions of Part 2 of Division 2 of the State Revenue and Taxation Code, as the same now exists or as hereafter amended; City of Santa Ana RFP No. 23-165 Page 67 of 196