Sungas Corp. - Utility Tax 8-10-2017MIAMI BEACH INTERNAL AUDIT REPORT
City of Miami Beach, 1700 Convention Center Drive , Miami Beach , Florida 33139, www.miamibeachfl .gov
Office of Internal A udit
Tel : 305-673-7020
TO :
FROM :
DATE :
AUDIT :
PERIOD :
Jimmy L. Morales, City Manage ~/j,j/
James J. Sutter, Internal Auditor VJ1'
August 10 , 2017
Sungas Corp. -Utility Tax
February 1, 2014 -January 31, 2017
This report is the result of a regularly scheduled audit of the Public Service Tax (Utility Tax) collected
and remitted to the City by Sungas Corp .
INTRODUCTION
Article Ill entitled "Public Service Tax " (Utility Tax) of the City Code details the terms and conditions
concerning the charging, collecting and remitting of utility taxes on all purchases in the corporate limits
of the City of electricity, metered gas, bottled gas, and fuel oil. More specifically, section 102-152
states that the seller is to collect and remit ten (10) percent, exclusive of governmental charges and
taxes, of the tota l amount shown on such bill on account of the purchase of electricity , metered gas and
bottled gas and four (4) cents per gallon on fuel oil. Other terms listed include the requirement of
rem itting any monies owed by the 20th day of each month for revenues incurred during the prior month,
submitting a semiannual listing (June 30 1h and December 31 st) of all deliveries for resale within Miami
Beach , the charging of interest on any late payments, etc. Lastly, City Code Section 102-155 requires
records of taxable sales transactions to be kept by the seller for inspection by the City and allows for
enforcement of rules and regulations pertaining to Article Ill of the City Code .
Sungas Corp. (Sungas) is a family owned company that sells bottled gas directly to customers fortheir
personal use . A review of the City 's Financial System showed that Sungas reported and remitted the
amounts below for the stated periods :
2014 2015 2016 2017 Total Feb-Dec Jan-Dec Jan-Dec Jan
Taxable
Sales $2 ,217 .70 $1,482.30 $1 ,171.10 $13.00 $4,884 .10
Reported
Utility Tax $221 .77 $148 .23 $117 .11 $1 .30 $488.41 Paid
OVERALL OPINION
Sungas Corp . has generally complied with City Code provisions during the audit period. However, the
following deficiencies were noted during our audit:
• Utility tax payments were inaccurately remitted to the City resulting in a net $254.87
overpayment. Most of this difference is attributable to two (2) customers that are located
outside Miami Beach 's boundaries that were mistakenly remitted to the City.
We are committed to providing excellent public service and safety to all who live , work , and play in our vibrant, tropical , historic community .
Internal Audit Report
Sungas Corp. -Utility Tax
August10,2017
• 20 of 25 tested utility tax payments, or 80%, were submitted after City Code Section 102-
155(b )'s specified due date of the 20th day of each month. The Finance Department did not
invoice Sungas Corp. for these late payments which totaled only $.39 due to the low dollars
involved and the average of only three (3) days late.
PURPOSE
The purpose of the audit was to determine Sungas Corp. 's compliance with the rules and regulations
set forth in Article Ill, entitled "Public Service Tax", of the City Code with a primary focus on whether the
utility taxes paid were accurately calculated and timely remitted to the City during the audit period.
SCOPE
1. Review Sungas Corp. 's records and documentation to confirm that utility taxes were accurately
calculated and collected.
2. Confirm that Sungas Corp. timely sent the required semiannual listing (June 30th and December
31 5t) of all deliveries for resale within Miami Beach in adherence with the terms listed in City
Code Section 102-156.
3. Confirm that all monthly utility tax collections were timely remitted and correctly recorded in the
City's Financial System.
FINDINGS, RECOMMENDATIONS AND MANAGEMENT RESPONSE
1. Finding -Utility Tax Payments were Inaccurately Remitted to the City Resulting in a $254.87
Net Overpayment
City Code Section 102-155(b) requires Sungas Corp. (Sungas) to submit a statement setting
forth the amount of such public service tax to which the City became entitled under the
provisions of this section on account of bills paid by purchasers during the preceding month.
All twenty-five reported transactions involving apparent Miami Beach customers occurring
during the February 1, 2014 through January 31, 2017 audit period were reviewed for accuracy.
In doing so, it was determined that Sungas incorrectly remitted utility taxes to the City from two
(2) customers that were not located within its jurisdictional boundaries. The total overpayment
associated with the nineteen individual transactions involving these customers is $270.89.
Sungas was notified of this error during our testing and they promptly modified the customer's
account file to reflect the correct municipality going forward.
Meanwhile, a comparison of Sungas's provided records with the amounts reported in May 2016
found a $16.02 underpayment from customers located within Miami Beach. The root cause of
this difference could not be determined.
The net result of these twenty inaccurate utility tax payments to the City is a $254.87
overpayment. The following table summarizes the differences by calendar year between the
utility taxes paid and due during the thirty-six month audit period:
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Internal Audit Report
Sungas Corp. -Utility Tax
August 10, 2017
Actual Taxable Sales
Actual Utility Tax Owed (10%)
Utility Tax Paid
Utility Tax Due*
2014
Feb -Dec
$633.00
$63.30
($221.77)
($158.47)
2015 2016
Jan -Dec Jan -Dec
$746.40 $955.98
$74.64 $95.60
($148.23) ($117.11)
($73.59) ($21.51)
*A numerical value in a parenthesis in this row indicates an overpayment.
2017 Total Jan
$0.00 $2,335.38
$0.00 $233.54
($1.30) ($488.41)
($1.30) ($254.87)
Under Section 166.234(4)(b), 2017 Florida Statutes, Sungas may apply to the City for a refund
for any overpayments submitted. Overpayment to a municipality means and includes all
remittances of public service tax, interest, or penalty which was not due to the municipality,
including amounts properly collected but remitted to the incorrect municipality.
Recommendation( s)
Sungas should better ensure that all future utility tax collections and remittances are accurately
calculated, originate from within the City's boundaries and comply with City Code Section 102-
155(b ).
2. Finding -20 of 25 Utility Tax Payments, or 80%, were Submitted After City Code Section 102-
155(b) 's Specified Due Date of the 2dh Day of Each Month
City Code Section 102-155(b) requires Sungas to execute and file no later than the 20th day of
each month to the City's Finance Department. Our analysis found that 20 of 25 utility tax
payments, or 80%, were submitted after the 20th day of each month. These payments were
received within a range of one (1) to ten (10) days late with an average of three (3) days late
during the audit period.
Additionally, City Code Section 102-157(b) states that interest equal to 10% per annum or the
rate as specified by Section 687.01, 2017 Florida Statutes, whichever is higher, on the unpaid
amount of tax from the date on which the tax first became delinquent until paid, shall be paid by
the seller. As a result, Sungas incurred $0.39 in interest that was not billed by the City's
Finance Department and therefore was not paid during the audit period.
Recommendation( s)
Sungas should remit utility tax payments no later than the 201h day of each month as required by
City Code Section 102-155(b) or be subject to interest billed by the Finance Department.
EXIT CONFERENCE
Audit findings were emailed to Sungas Corp. on August 10, 2017 which agreed with the stated findings.
JJS:LM
Audit performed by Auditor Luis E. Medina
F:\OBPl\$AUD\INTERNAL AUDIT FILES\DOC16-17\REPORTS -FINAL\Sungas Corp .. doc
cc: John Woodruff, Finance Director
Javier Arango, Vice-President, Sungas Corp.
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