Chapter 3.24
TRANSIENT ROOM TAX
Sections:
3.24.010 Definitions.
3.24.020 Tax imposed.
3.24.030 Rules for collection of tax by operator.
3.24.040 Operator’s duties.
3.24.050 Exemptions.
3.24.060 Operator’s registration form and certificate of authority.
3.24.070 Collections, returns and payments.
3.24.080 Delinquency penalties.
3.24.090 Deficiency determinations.
3.24.100 Fraud--Refusal to collect--Evasion--Determination.
3.24.110 Operator delay.
3.24.120 Redetermination.
3.24.130 Security for collection of tax.
3.24.140 Liens.
3.24.150 Refunds by city to operator.
3.24.160 Refunds by city to transient.
3.24.170 Refunds by operator to transient.
3.24.180 Records required from operator--Examination.
3.24.190 Confidentiality.
3.24.200 Disposition and use of transient room tax funds.
3.24.210 Appeals to the city council.
3.24.220 Penalties and violations.
3.24.230 Penalties--Collection.
3.24.010 Definitions.
For purposes of this chapter, the following definitions apply:
"Accrual accounting" means a system of accounting in which the operator enters the rent due from a transient into the record when the rent is earned, whether or not it is paid.
"Cash accounting" means a system of accounting in which the operator does not enter the rent due from a transient into the record until the rent is paid.
"Council/city council" means the city council of Central Point, Oregon.
"Hotel" means a part of a structure that is occupied or designed for occupancy by transients for lodging or sleeping including a hotel, inn, tourist home or house, motel, studio hotel, bachelor hotel, lodging house, rooming house, apartment house, dormitory, public or private club, mobile home or house trailer at a fixed location, recreational vehicle and trailer park, or similar structure or portions thereof so occupied, provided such occupancy is for twenty-seven days or less.
"Occupancy" means use or possession of, or the right to use or possess, a room in a hotel for lodging or sleeping.
"Operator" means a person who is the proprietor of a hotel in any capacity. When an operator’s functions are performed through a managing agent of a type other than an employee, the managing agent shall also be considered an operator. For purposes of this chapter, compliance by either the operator or the managing agent shall be considered compliance by both.
"Person" means an individual, firm, partnership, joint venture, association, social club, fraternal organization, fraternity, sorority, public or private dormitory, joint stock company, corporation, estate, trust, business trust, receiver, trustee, syndicate, or another group or combination acting as a unit.
"Rent" means the gross rent, exclusive of other services; the consideration charged.
"Tax" means either the tax payable by the transient or the aggregate amount of taxes due from an operator during the period for which the operator is required to report collections.
"Tax administrator" means the city of Central Point city administrator, or his designee.
"Transient" means an individual who occupies or is entitled to occupy space in a hotel for a period of twenty-seven consecutive days or less, counting portions of days as full days. The day a transient checks out of a hotel shall not be included in determining the twenty-seven day period if the transient is not charged rent for that day. A person occupying space in a hotel shall be considered a transient until a period of twenty-seven days has expired unless there is an agreement in writing between the operator and the occupant providing for a longer period of occupancy or the tenant actually extends occupancy more than twenty-seven consecutive days. A person who pays for lodging on a monthly basis, regardless of the number of days in the month, shall not be considered a transient. (Ord. 1707 §1(part), 1994).
3.24.020 Tax imposed.
A transient shall pay a tax in the amount of nine percent of the rent charged for the privilege of occupancy in a hotel in the city. The tax constitutes a debt owed by the transient to the city, and the debt is extinguished only when the tax is remitted by the operator to the city. The transient shall pay the tax to the operator at the time rent is paid. The operator shall enter the tax into the record when rent is collected if the operator keeps records on the cash accounting and when earned if the operator keeps records on the accrual accounting basis. If the rent is paid in installments, a proportionate share of the tax shall be paid by the transient to the operator with each installment. In all cases, rent paid or charged for occupancy shall exclude the sale of goods, services or commodities. (Ord. 1859 §1, 2005; Ord. 1707 §1(part), 1994).
3.24.030 Rules for collection of tax by operator.
A. Every operator renting space for lodging or sleeping shall collect a tax from the occupant. The tax collected or accrued constitutes a debt owed by the operator to the city.
B. In cases of credit or deferred payment of rent, the payment of tax to the operator may be deferred until the rent is paid, and the operator shall not be liable for the tax until credits are paid or deferred payments are made. Adjustments may be made for uncollectible accounts.
C. The tax administrator shall enforce this chapter and may adopt rules and regulations necessary for enforcement.
D. The rent collected on portions of a dollar, fractions of a penny of tax, shall not be remitted. (Ord. 1707 §1(part), 1994).
3.24.040 Operator’s duties.
An operator shall collect the tax when the rent is collected from the transient. The amount of tax shall be stated separately in the operator’s records and on the receipt given by the operator. An operator shall not advertise that the tax will not be added to the rent, that a portion of it will be assumed or absorbed by the operator, or that a portion will be refunded, except in the manner provided in this chapter. (Ord. 1707 §1(part), 1994).
3.24.050 Exemptions.
The tax shall not be imposed on:
A. An occupant staying for more than twenty-seven days;
B. A person who rents a private home, vacation cabin or similar facility from an owner who personally rents the facility incidentally to the owner’s personal use;
C. Any occupant whose rent is paid for a hospital room or to a medical clinic, convalescent home, or home for aged people, or to a public institution owned and operated by a unit of the government. (Ord. 1707 §1(part), 1994).
3.24.060 Operator’s registration form and certificate of authority.
A. Every person engaging or about to engage in business as an operator of a hotel in the city shall register with the tax administrator on a form provided by the tax administrator within fifteen days after beginning business.
B. The registration form shall set forth the name in which an operator transacts or intends to transact business, the location of his place or places of business and such other information to facilitate the collection of the tax as the tax administrator may require. The registration shall be signed by the operator.
C. The tax administrator shall, within ten days after registration, issue without charge a certificate of authority to each registrant to collect the tax from the occupant, together with a duplicate thereof for each additional place of business of each registrant. Certificates shall be nonassignable and nontransferable and shall be surrendered immediately to the tax administrator upon the cessation of business at the location named or upon its sale or transfer. Each certificate and duplicate shall state the place of business to which it is applicable and shall be prominently displayed therein so as to be seen and come to the notice readily of all occupants and persons seeking occupancy. Failure to register does not relieve the operator from collecting the tax or a person from paying the tax.
D. Each certificate of authority shall state the place of business to which it applies, shall be prominently displayed, and shall set forth:
1. The name of the operator;
2. The address of the hotel;
3. The date the certificate was issued;
4. The following statement: "This transient occupancy registration certificate signifies that the person named on the certificate has fulfilled the requirements of the transient room tax ordinance of the city of Central Point by registering with the tax administrator for the purpose of collecting the room tax imposed by the city of Central Point and remitting the tax to the tax administrator. This certificate does not authorize any person to conduct any unlawful business or to conduct any lawful business in an unlawful manner, or to operate a hotel without strictly complying with all local applicable laws, including but not limited to those requiring a permit from any board, commission, department or office of the city of Central Point. This certificate does not constitute a permit." (Ord. 1707 §1(part), 1994).
3.24.070 Collections, returns and payments.
A. The taxes collected by an operator are payable to the tax administrator on a quarterly basis on the fifteenth day of the following month for the preceding three months and are delinquent on the last day of the month in which they are due. The initial return may be for less than the three months preceding the due date. The quarters are:
First quarter: January, February, March
Second quarter: April, May, June
Third quarter: July, August, September
Fourth quarter: October, November, December
B. A return showing tax collections for the preceding quarter shall be filed with the tax administrator, in a form prescribed by the tax administrator, before the sixteenth day of the month following each collection quarter.
C. The operator may withhold five percent of the tax collected to cover the expense of collecting and remitting the tax.
D. Returns shall show the amount of tax collected or due for the related period. The tax administrator may require returns to show the total rentals on which the tax was collected or is due, gross receipts of the operator for the period, a detailed explanation of any discrepancy between the amounts, and the amount of rentals exempt.
E. The operator shall deliver the return and the tax due to the tax administrator’s office. If the return is mailed, the postmark shall be considered the date of delivery for determining delinquencies.
F. For good cause, the tax administrator may extend the time for filing a return or paying the tax for not more than one month. Further extension may be granted only by the city council. An operator to whom an extension is granted shall pay interest at the rate of one percent per month on the amount of tax due, without proration for a fraction of a month. If a return is not filed and if the tax and interest due are not paid by the end of the extension granted, the interest shall become a part of the tax for computation of penalties prescribed in Section 3.24.080.
G. The tax administrator may require returns and payment of the taxes for other than monthly/quarterly periods in individual cases to ensure payment or to facilitate collection by the city. (Ord. 1707 §1(part), 1994).
3.24.080 Delinquency penalties.
A. An operator who has not been granted an extension of time for remittance of tax due and who fails to remit the tax prior to delinquency shall pay a penalty of ten percent of the tax due in addition to the tax.
B. An operator who has not been granted an extension of time for remittance of tax due and who fails to pay a delinquent remittance before the expiration of thirty-one days following the date on which the remittance became delinquent shall pay a second delinquency penalty of fifteen percent of the tax due, the amount of the tax, and the ten percent penalty first imposed.
C. If the tax administrator determines that nonpayment of a remittance is due to fraud or intent to evade the tax, a penalty of twenty-five percent of the tax shall be added to the penalties stated in subsections A and B of this section.
D. In addition to the penalties imposed by this section, an operator who fails to remit the required tax shall pay interest at the rate of one percent per month, without proration for portions of a month, on the tax due, exclusive of penalties, from the date on which the tax first became delinquent until paid.
E. Each penalty imposed and the interest accrued under provisions of this section shall be merged with and become part of the tax required to be paid.
F. An operator who fails to remit the tax within the required time may petition the council for waiver and refund of the penalty or a portion of it. The council may, if good cause is shown, direct a refund of the penalty or a portion of it. (Ord. 1707 §1(part), 1994).
3.24.090 Deficiency determinations.
A. If the tax administrator determines that the returns are incorrect, the tax administrator may compute and determine the amount required to be paid on the basis of the facts contained in the return or returns or upon the basis of any information within the tax administrator’s possession or that may come into his or her possession.
B. A deficiency determination may be made on the amount due for one or more than one period. The determined amount shall be payable immediately on service of notice, after which the determined amount is delinquent. Penalties on deficiencies shall be applied as provided in Section 3.24.080.
C. In making a determination, the tax administrator may offset overpayments that have been made against a deficiency for a subsequent period or against penalties and interest on the deficiency. The interest on the deficiency shall be computed as provided in Section 3.24.080.
D. A determination becomes payable immediately on receipt of notice and becomes final within fifteen days after mailing. However, the operator may petition for redemption and refund by filing a petition before the determination becomes final. (Ord. 1707 §1(part), 1994).
3.24.100 Fraud--Refusal to collect--Evasion--Determination.
A. If an operator fails or refuses to collect the tax, make the report or remit the tax, or makes a fraudulent return or otherwise wilfully attempts to evade the tax payment, the tax administrator shall obtain facts and information on which to base an estimate of the tax due. After determining the tax due and the interest and penalties, the tax administrator shall give notice of the total amount due.
B. Determination and notice shall be made and mailed within three years after discovery of fraud, intent to evade, failure or refusal to collect the taxes, or failure to file a return. The determination becomes payable immediately on receipt of notice and becomes final fifteen days after mailing.
C. The operator may petition for redemption and refund if the petition is filed before the determination becomes final.
D. The tax administrator shall give the operator written notice of the determination. If notice is mailed it shall be addressed to the operator at the address that appears on the records of the tax administrator, and service is complete when the notice is deposited in the mail.
E. Except in the case of fraud or intent to evade the tax, a deficiency determination shall be made and notice mailed within three years after the last day of the month following the close of the quarterly period for which the determination has been made or within three years after the return is filed, whichever is later. (Ord. 1707 §1(part), 1994).
3.24.110 Operator delay.
If the tax administrator believes that collection of the tax will be jeopardized by delay, or if a determination will be jeopardized by delay, the tax administrator shall determine the tax to be collected and note facts concerning the delay on the determination. The determined amount is payable immediately after service of the notice. After payment has been made, the operator may petition for redemption and refund of the determination if the petition is filed within fifteen days from the date of mailing of notice by the tax administrator. (Ord. 1707 §1(part), 1994).
3.24.120 Redetermination.
A. An operator against whom a determination is made under Section 3.24.090, 3.24.100 or 3.24.110, or a person directly interested, may petition for a redetermination, redemption and refund within fifteen days from the date the notice was mailed. If a petition for redetermination and refund is not filed within the time required, the determination is final on expiration of the allowable time.
B. If a petition for redetermination and refund is filed within the allowable period, the tax administrator shall reconsider the determination and, if the operator requested a hearing in the petition, shall grant the hearing and give the operator fifteen days notice of the time and place of the hearing. The tax administrator may continue the hearing if necessary.
C. The tax administrator may change the amount of the determination as a result of the hearing. If an increase is determined, the increase is payable immediately after the hearing.
D. The decision of the tax administrator on a petition for redetermination becomes final fifteen days after mailing of notice on the petitioner unless appeal of the decision is filed with the council within fifteen days after notice is mailed.
E. A petition for redetermination or an appeal is not effective unless the operator has complied with the payment provisions. (Ord. 1707 §1(part), 1994).
3.24.130 Security for collection of tax.
A. The tax administrator may require an operator to deposit security in the form of cash, bond or other security. The amount of security shall be fixed by the tax administrator and shall not be greater than twice the operator’s estimated average quarterly liability for the period for which the operator files returns or five thousand dollars, whichever amount is less.
B. Within three years after the tax becomes payable or within three years after a determination becomes final, the tax administrator may bring an action in the name of the city in the courts of this state, another state or the United States to collect the amount delinquent and penalties and interest. (Ord. 1707 §1(part), 1994).
3.24.140 Liens.
After a determination of taxes owing has become final, such taxes, together with all applicable interest and penalties, shall become a lien on the real property used in the operation of the hotel. The tax administrator shall cause the lien to be recorded in the city’s lien docket, and the lien may thereafter be foreclosed in the same manner as in the case of liens for local improvements, as set forth in Oregon Revised Statutes 223.505 to 223.595. (Ord. 1707 §1(part), 1994).
3.24.150 Refunds by city to operator.
When the tax, penalty or interest has been paid more than once or has been erroneously or illegally collected or received by the tax administrator, it may be refunded if a written verified claim stating the specific reason for the claim is filed within three years from the date of payment. The claim shall be submitted on forms provided by the tax administrator. If the claim is approved, the excess amount may be refunded to the operator or it may be credited to an amount payable by the operator and any balance refunded. (Ord. 1707 §1(part), 1994).
3.24.160 Refunds by city to transient.
If the tax has been collected by the operator and deposited with the tax administrator and it is later determined that the tax was erroneously or illegally collected or received by the tax administrator, it may be refunded to the transient if a written verified claim stating the specific reason for the claim is filed with the tax administrator within three years from the date of payment. (Ord. 1707 §1(part), 1994).
3.24.170 Refunds by operator to transient.
If the tax has been collected by the operator and it is later determined that the transient occupied the hotel for a period exceeding twenty-seven days without interruption, the operator shall refund the tax to the transient. The operator shall account for the collection and refund to the tax administrator. If the operator has remitted the tax prior to refund or credit to the transient, the operator shall be entitled to a corresponding refund. (Ord. 1707 §1(part), 1994).
3.24.180 Records required from operators--Examination.
A. It shall be the duty of every operator liable for the collection and payment to the city of any tax imposed by this chapter to keep and preserve, for a period of three years and six months, all records, books, reports, income tax reports and other matters required by this chapter as may be necessary to determine the amount of such tax as the operator may have been liable for the collection of and payment to the city, which records the tax administrator shall have the right to inspect at all reasonable times as set forth below. Every operator shall maintain guest records of room rents, accounting books and records of income. The operators must, at a minimum, include a daily room rental register, a room billing/revenue daily journal, a cash receipt and deposit journal, and a cash disbursements journal/check register for all authorized deductions. These records and books shall reconcile to the transient room tax reports and be auditable. They shall also reconcile to the operator’s income tax reports. If the tax administrator finds the books and records of the operator are deficient in that they do not provide adequate support for transient room tax reports filed, or the operator’s accounting system is inauditable, it shall be the responsibility of the operator to improve their accounting system to the satisfaction of the tax administrator.
B. During normal business hours and after notifying the operator, the tax administrator, or an authorized representative, may examine books, papers and accounting records related to room rentals to verify the accuracy of a return or, if no return is made, to determine the amount to be paid. (Ord. 1707 §1(part), 1994).
3.24.190 Confidentiality.
The tax administrator or a person having an administrative or clerical duty under the provisions of this chapter shall not make known in any manner the business affairs, operations or information obtained by an investigation of records and equipment of a person required to file a return or pay a transient occupancy tax or a person visited or examined in the discharge of official duty; or the amount or source of income, profits, losses or expenditures contained in a statement or application; or permit a statement or application, or a copy of either, or a book containing an abstract or particulars to be seen or examined by any person. However, nothing in this section shall be construed to prevent:
A. Disclosure to or examination of records and equipment by a city official, employee or agent for collecting taxes for the purposes of administering or enforcing the provisions or collecting the taxes imposed by this chapter;
B. Disclosure, after filing a written request, to the taxpayer, receivers, trustees, executors, administrators, assignees and guarantors, if directly interested, of information concerning tax paid, unpaid tax, amount of tax required to be collected, or interest and penalties. However, the city attorney shall approve each disclosure, and the tax administrator may refuse to make a disclosure referred to in this subsection when, in the tax administrator’s opinion, the public interest would suffer;
C. Disclosure of names and addresses of persons making returns;
D. Disclosure of general statistics regarding taxes collected or business done in the city. (Ord. 1707 §1(part), 1994).
3.24.200 Disposition and use of transient room tax funds.
All revenues received by the city from the tax shall be deposited in the general fund. (Ord. 1707 §1(part), 1994).
3.24.210 Appeals to the city council.
A person aggrieved by a decision of the tax administrator may appeal to the city council by filing a notice of appeal with the tax administrator within fifteen days of mailing of the notice of a decision. The city administrator shall fix a time and place for hearing the appeal, as prescribed by the city council, and shall give the appellant fifteen days written notice of the time and place of the hearing before the city council. At such hearing, the council may take any action it deems necessary regarding the matters before it at the hearing, and action on the appeal shall be by resolution passed by a majority of the council members present at the meeting where the appeal is considered. (Ord. 1707 §1(part), 1994).
3.24.220 Penalties and violations.
It is unlawful for any operator or any other person so required to fail or refuse to register as required herein, or to furnish any return required to be made, or fail or refuse to furnish the supplementary return or other data required by the tax administrator or to enter a false or fraudulent report, with intent to defeat or evade the determination of any amount due required by this chapter. (Ord. 1707 §1(part), 1994).
3.24.230 Penalties--Collection.
Violation of any provision of this chapter of this code shall be punishable by the general penalty. Every day in which the violation is caused or permitted to exist constitutes a separate infraction, and the punishment therefor shall be in addition to any other penalty, interest, sum or charge imposed by this code or this chapter. Delinquent taxes and fees, penalty and interest imposed by this chapter and this code may be collected in a civil action. (Ord. 1707 §1(part), 1994).