Section 11-703. Presumptions and burden of proof  


Latest version.
  • a. For the purpose of the
      proper administration of this chapter and to prevent evasion of the  tax
      hereby  imposed  it  shall  be  presumed  that  all premises are taxable
      premises and that all rent paid or required to be paid by  a  tenant  is
      base  rent  until the contrary is established, and the burden of proving
      that such presumptive base rent or any portion thereof is  not  included
      in  the  measure  of  the  tax  imposed  by this chapter shall be on the
      tenant.
        b. Where a tenant uses premises both for residential purposes  and  as
      taxable  premises and the tenant pays an undivided rent for the premises
      so used, it shall be conclusively presumed against such tenant that  the
      rent  ascribable  to  so  much  of  such  premises as is used as taxable
      premises shall be the amount which such tenant deducts as rent for  such
      premises  in  determining the tenant's federal income tax (as reduced by
      any disallowance of such deduction which is not being  contested)  which
      is fairly attributable to the tax period or tax year.