Chapter 356

2009 -- H 5594 SUBSTITUTE A

Enacted 11/13/09

 

A N A C T

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

COMPUTATION

 

     Introduced By: Representatives Jackson, A Rice, and Martin

     Date Introduced: February 25, 2009

 

It is enacted by the General Assembly as follows:

 

     SECTION 1. Section 44-18-36.1 of the General Laws in Chapter 44-18 entitled "Sales

and Use Taxes - Liability and Computation" is hereby amended to read as follows:

 

     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. Provided, that the city of

Newport shall collect the tax generated by hotels physically located within the city of Newport,

and, within ten (10) days of the receipt of the tax, shall distribute the tax in accordance with

section 42-63.1-3. The city of Newport shall submit to the division of taxation, by the first day of

March and the first day of September of each year in which the city collects the tax, a report

detailing the city's receipts and distributions of funds collected under this chapter for the prior six

(6) month period ending thirty (30) days prior to the reporting date. 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 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,

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 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 section 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.

 

     SECTION 2. This act shall take effect upon passage.

     

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LC01847/SUB A/2

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