2015 -- H 5996

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LC002044

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2015

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A N   A C T

RELATING TO TAXATION -- SALES AND USE TAXES--LIABILITY AND

COMPUTATION

     Introduced By: Representative Scott Slater

     Date Introduced: March 27, 2015

     Referred To: House Finance

     It is enacted by the General Assembly as follows:

     SECTION 1. Sections 44-18-7, 44-18-12.1 and 44-18-36.1 of the General Laws in

Chapter 44-18 entitled "Sales and Use Taxes - Liability and Computation" are hereby amended to

read as follows:

     44-18-7. Sales defined. -- "Sales" means and includes:

      (1) Any transfer of title or possession, exchange, barter, lease, or rental, conditional or

otherwise, in any manner or by any means of tangible personal property for a consideration.

"Transfer of possession", "lease", or "rental" includes transactions found by the tax administrator

to be in lieu of a transfer of title, exchange, or barter.

      (2) The producing, fabricating, processing, printing, or imprinting of tangible personal

property for a consideration for consumers who furnish either directly or indirectly the materials

used in the producing, fabricating, processing, printing, or imprinting.

      (3) The furnishing and distributing of tangible personal property for a consideration by

social, athletic, and similar clubs and fraternal organizations to their members or others.

      (4) The furnishing, preparing, or serving for consideration of food, meals, or drinks,

including any cover, minimum, entertainment, or other charge in connection therewith.

      (5) A transaction whereby the possession of tangible personal property is transferred, but

the seller retains the title as security for the payment of the price.

      (6) Any withdrawal, except a withdrawal pursuant to a transaction in foreign or interstate

commerce, of tangible personal property from the place where it is located for delivery to a point

in this state for the purpose of the transfer of title or possession, exchange, barter, lease, or rental,

conditional or otherwise, in any manner or by any means whatsoever, of the property for a

consideration.

      (7) A transfer for a consideration of the title or possession of tangible personal property,

which has been produced, fabricated, or printed to the special order of the customer, or any

publication.

      (8) The furnishing and distributing of electricity, natural gas, artificial gas, steam,

refrigeration, and water.

      (9) (i) The furnishing for consideration of intrastate, interstate and international

telecommunications service sourced in this state in accordance with subsections 44-18.1(15) and

(16) and all ancillary services, any maintenance services of telecommunication equipment other

than as provided for in subdivision 44-18-12(b)(ii). For the purposes of chapters 18 and 19 of this

title only, telecommunication service does not include service rendered using a prepaid telephone

calling arrangement.

      (ii) Notwithstanding the provisions of paragraph (i) of this subdivision, in accordance

with the Mobile Telecommunications Sourcing Act (4 U.S.C. §§ 116 -- 126), subject to the

specific exemptions described in 4 U.S.C. § 116(c), and the exemptions provided in §§ 44-18-8

and 44-18-12, mobile telecommunications services that are deemed to be provided by the

customer's home service provider are subject to tax under this chapter if the customer's place of

primary use is in this state regardless of where the mobile telecommunications services originate,

terminate or pass through. Mobile telecommunications services provided to a customer, the

charges for which are billed by or for the customer's home service provider, shall be deemed to be

provided by the customer's home service provider.

      (10) The furnishing of service for transmission of messages by telegraph, cable, or radio

and the furnishing of community antenna television, subscription television, and cable television

services.

      (11) The rental of living quarters in any hotel, as defined in § 42-63.1-2, rooming house,

or tourist camp.

      (12) The transfer for consideration of prepaid telephone calling arrangements and the

recharge of prepaid telephone calling arrangements sourced to this state in accordance with §§

44-18.1-11 and 44-18.1-15. "Prepaid telephone calling arrangement" means and includes prepaid

calling service and prepaid wireless calling service.

      (13) The sale, storage, use or other consumption of over-the-counter drugs as defined in

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paragraph 44-18-7.1(h)(ii).

      (14) The sale, storage, use or other consumption of prewritten computer software

delivered electronically or by load and leave as defined in paragraph 44-18-7.1(v).

      (15) The sale, storage, use or other consumption of medical marijuana as defined in § 21-

28.6-3.

      (16) The furnishing of services in this state as defined in § 44-18-7.3.

     44-18-12.1. "Additional measure subject to tax". -- Also included in the measure

subject to tax under this chapter is the total amount charged for the furnishing or distributing of

electricity, natural gas, artificial gas, steam, refrigeration, water, telecommunications, telegraph,

cable, and radio message service, community antenna television, subscription television, and

cable television service; provided, that the measure of tax in regard to telecommunications service

is the total consideration received for the service as defined in § 44-18-7(9); provided, that in

order to prevent multistate taxation of all telecommunications service, any taxpayer is allowed a

credit or refund of sales tax upon presenting proof that a tax has been paid to another state to

which the tax is properly due for the identical service taxed under this chapter. Furthermore,

included in the measure of tax is the total amount charged for the rental of living quarters in any

hotel, as defined in § 42-63.1-2, rooming house, or tourist camp.

     44-18-36.1. Hotel tax. -- (a) There is imposed a hotel tax of five percent (5%) upon the

total consideration charged for occupancy of any space furnished by any hotel in this state. The

hotel tax is in addition to any sales tax imposed. This hotel tax is administered and collected by

the division of taxation and unless provided to the contrary in this chapter, all the administration,

collection, and other provisions of chapters 18 and 19 of this title apply. Nothing in this chapter

shall be construed to limit the powers of the convention authority of the city of Providence

established pursuant to the provisions of chapter 84 of the public laws of 1980, except that

distribution of hotel tax receipts shall be made pursuant to chapter 63.1 of title 42 rather than

chapter 84 of the public laws of 1980.

      (b) There is hereby levied and imposed, upon the total consideration charged for

occupancy of any space furnished by any hotel, as defined in § 42-63.1-2, in this state, in addition

to all other taxes and fees now imposed by law, a local hotel tax at a rate of one percent (1%).

The local hotel tax shall be administered and collected in accordance with subsection (a).

      (c) All sums received by the division of taxation from the local hotel tax, penalties or

forfeitures, interest, costs of suit and fines shall be distributed at least quarterly, credited and paid

by the state treasurer to the city or town where the space for occupancy that is furnished by the

hotel is located. Unless provided to the contrary in this chapter, all of the administration,

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collection, and other provisions of chapters 18 and 19 of this title shall apply.

      (d) Notwithstanding the provisions of subsection (a) of this section, the city of Newport

shall have the authority to collect from hotels, as defined in § 42-63.1-2, located in the city of

Newport the tax imposed by subsection (a) of this section.

      (1) Within ten (10) days of collection of the tax, the city of Newport shall distribute the

tax as provided in § 42-63.1-3. No later than the first day of March and the first day of September

in each year in which the tax is collected, the city of Newport shall submit to the division of

taxation a report of the tax collected and distributed during the six (6) month period ending thirty

(30) days prior to the reporting date.

      (2) The city of Newport shall have the same authority as the division of taxation to

recover delinquent hotel taxes pursuant to chapter 44-19, and the amount of any hotel tax, penalty

and interest imposed by the city of Newport until collected constitutes a lien on the real property

of the taxpayer.

      In recognition of the work being performed by the Streamlined Sales and Use Tax

Governing Board, upon any federal law which requires remote sellers to collect and remit taxes,

effective the first (1st) day of the first (1st) state fiscal quarter following the change, the rate

imposed under § 44-18-36.1(b) shall be one and one-half percent (1.5%).

     SECTION 2. Section 42-63.1-2 of the General Laws in Chapter 42-63.1 entitled

"Tourism and Development" is hereby amended to read as follows:

     42-63.1-2. Definitions. -- For the purposes of this chapter:

      (1) "Consideration" means the monetary charge for the use of space devoted to transient

lodging accommodations.

      (2) "Corporation" means the Rhode Island economic development corporation.

      (3) "District" means the regional tourism districts set forth in § 42-63.1-5.

      (4) "Hotel" means any facility offering a minimum of three (3) rooms one room or a

portion of a room, for which the public may, for a consideration, obtain transient lodging

accommodations. The term "hotel" shall include hotels, motels, bed and breakfasts (B&Bs),

short-term rental units, time-shares as defined in § 34-41-1.02(13), tourist homes, tourist camps,

lodging houses, schools renting one or more rooms to persons other than students, staff or faculty,

and inns and shall exclude schools, hospitals, sanitariums, nursing homes, and chronic care

centers.

      (5) "Occupancy" means a person, firm or corporation's use of space ordinarily used for

transient lodging accommodations not to exceed thirty (30) days. Excluded from "occupancy" is

the use of space for which the occupant has a written lease for the space, which lease covers a

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rental period of twelve (12) months or more, as well as the right of a time-share owner, as defined

in § 34-41-1.02(19), or a time-share exchange guest to use a time-share property, as defined in §

34-41-1.02(22).

     (6) "Short-term rental units" means a residential dwelling wherein a single room or

portion thereof is available for rent or hire for less than thirty (30) days by guests.

      (6)(7) "Tax" means the hotel tax imposed by subsection 44-18-36.1(a).

     SECTION 3. This act shall take effect on July 1, 2015.

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO TAXATION -- SALES AND USE TAXES--LIABILITY AND

COMPUTATION

***

     This act would expand the definition of a hotel for the purposes of liability and

computation of the state sales and use tax.

     This act would take effect on July 1, 2015.

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