HOTEL ROOM OCCUPANCY TAX RETURN - 2009 Hotel Room Occupancy Tax

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							                                                                                                                                                            HOTEL ROOM OCCUPANCY TAX RETURN
                                                                                                              NYC
                                                         NEW YORK CITY DEPARTMENT OF FINANCE




                                                                                                             HTX
                                                                                       TM




                   *40011091*
                                                          Finance


                                                         Check type of business entity:.....................G       I Corporation                                                                                                                      G I Partnership or LLC                                  G I Individual
                                                         Check type of return: ...................................G I Initial return                                                                                                                   G I Amended return                                      G I Final return

                                                         Date business began in NYC ........................G                                                                                 -                      -                                 Date business ended in NYC G                                         -              -

                                                            Legal Name:
                                                                                                                                                                                                                                                          EIN/SSN: .....................................
                                                             ____________________________________________________________________________                                                                                                                 ACCOUNT TYPE ........................ HOTEL TAX
                                                            Facility Address (number and street):
                                                                                                                                                                                                                                                          ACCOUNT ID ..............................
                                                             ____________________________________________________________________________
                                                                                                                                                                                                                                                          PERIOD BEGINNING..................                           -           -
                                                            City and State:                                                                                                                    Zip:
                                                                                                                                                                                                                                                          PERIOD ENDING........................                        -           -
                                                             ____________________________________________________________________________
                                                            Business Telephone Number:                                                                                                                                                                    DUE DATE ..................................                  -           -
                                                                                                                                                                                                                                                          FEDERAL BUSINESS CODE .....

Enter the following information in order for this return to be complete:
 a. If you have transferred ownership of the hotel during the period covered by this return, provide name of new owner: ...........................G a. ____________________________
 b. Number of rooms available to transient occupants at the above hotel (see instructions) ............................................................... G b.
 c. Number of rooms rented to permanent residents at the above hotel (see instructions) ............................................................................... G c.
 d. If you are an operator renting out apartments or living units under a single certificate of authority in more than one building, check this box and attach an addendum:                                                                                                                                                            G   d.   I
 SCHEDULE A                                                                                                              Computation of Tax                                                                                                                                                                Payment Enclosed
A. Payment                                Pay amount shown on line 18. Make check payable to: NYC Department of Finance                                                                                                                                                    G
                           RENT CATEGORIES                                                                                        TAX RATE                                              NUMBER OF TAXABLE ROOM RENTALS                                                                                           TAX DUE
                        (SEE  INSTRUCTIONS )                                                                         (PER         ROOM AND DAY )                                           DURING THIS TAXABLE PERIOD                                                                     (TAX   RATE X    #   OF TAXABLE ROOM RENTALS )

 1.   $ 10 - $19.99 .......................................................                                                          $ 0.50                                                                                                                                 G     1.
 2.   $ 20.00 - $29.99 ..............................................                                                                $ 1.00                                                                                                                                 G     2.
 3.   $ 30.00 - $39.99 ..............................................                                                                $ 1.50                                                                                                                                 G     3.
 4.   $ 40.00 and over .............................................                                                                 $ 2.00                                                                                                                                 G     4.
                          ADDITIONAL TAX DUE                                                                                      TAX RATE                                              TOTAL RENTS DURING THIS TAX PERIOD                                                                ADD ʼ L TAX DUE       (TAX   RATE X TOTAL RENTS )

 5. Additional Tax                                                                                                                    5.875%                                                                                                                                G     5.
 6.   Total of lines 1 through 5 ..................................................................................................................................................................................................................................................G 6.
 7.   Total tax collected (see instructions) ............................................................................................................................................................................................................G 7.
 8.   Tax before refunds and/or credits (greater of line 6 or 7) ..............................................................................................................G 8.
 9.   Refunds and/or credits (attach schedule) (see instructions) .......................................................................................................G 9.
10.   Total tax due (line 8 less line 9)...................................................................................................................................................................................G 10.
11.   Less: (a) Prepayments for the period ..........................................G 11a.
              (b) Credits carried from previous tax return ........G 11b.
12.   Total of lines 11a and 11b .................................................................................................................................................................................................G 12.
13.   Balance due (line 10 less line 12) ...........................................................................................................................................................................G 13.
14.   Overpayment (line 12 less line 10) ........................................................................................................................................................................G 14.
15.   Amount of line 14 to be: (a) Refunded ............................................................................................................................................................G 15a.
                                (b) Credited to next quarterʼs tax .....................................................................................................G 15b.
16.   Interest (see instructions) ...................................................................................................................................................................................................G 16.
17.   Penalty (see instructions) ...................................................................................................................................................................................................G 17.
18.   TOTAL REMITTANCE DUE (line 13 plus lines 16 and 17) (Enter payment on line A above) ........................G 18.
                                                                                                                CERTIFICATION                                                                  OF                 TAXPAYER
  I hereby certify that this return, including any accompanying schedules or statements, has been examined by me and is, to the best of my knowledge and belief, true, correct and complete.
  I authorize the Dept. of Finance to discuss this return with the preparer listed below. (see instructions) .............................................................YES I
                                                                                                                                                                                                                                                                                                                Preparerʼs Social Security Number
      ____________________________________                                                                                ___________________                                                __________________                                                ________________
      Signature of owner, partner or corporate officer                                                                    TITLE                                                              TELEPHONE NUMBER                                                  Date                                 G
      _________________________________________                                                                                          __________________________________                                                                            ___________________
      Preparerʼs signature                                                                                                               PREPARERʼS PRINTED NAME                                                                                       DATE                                                    Firmʼs Employer Identification Number

      _____________________________
      Firmʼs name
                                                                                                 __________________________________
                                                                                                 Address
                                                                                                                                                                                                             ______________ Check if
                                                                                                                                                                                                             Zip Code       Self-Employed:                                                  I           G

DID YOUR MAILING ADDRESS CHANGE?                                                                                Mail this return and payment                                                          Make remittance payable to the order of:                                                     To receive proper credit, you must enter
If so, please visit us at nyc.gov/finance and click                                                             in the enclosed envelope to:                                                                                                                                                       your correct Employer Identification
                                                                                                                                                                                                                     NYC DEPARTMENT OF FINANCE
“Update Name and Address” in the blue                                                                                                                                                                                                                                                              Number or Social Security Number and
                                                                                                                       NYC Dept. of Finance
“Business Taxes” box. This will bring you to the
                                                                                                                       P.O. Box 5160                                                                  Payment must be made in U.S. dollars, drawn                                                  your Account ID number on your tax return
“Business Taxes Change of Name, Address or                                                                                                                                                            on a U.S. bank.
                                                                                                                       Kingston, NY 12402-5160                                                                                                                                                     and remittance.
Account Information”. Update as required.
40011091                                                                                                                                                                                                                                                                                                               NYC-HTX 2009 Rev. 11/10/09
 Instructions for Form NYC-HTX
                                                                                                            NEW YORK CITY DEPARTMENT OF FINANCE
                                                                                                                                             TM




 Hotel Tax Quarterly Return
                                                                                                                                Finance




GENERAL INFORMATION                           information, see Title 19 Rules of the City     For further information, see Title 19 Rules
                                              of New York §12-01, definition of "hotel"       of the City of New York §§12-06 and 12-
                                              effective November 29, 2003.                    07 effective February 19, 2005.
IMPOSITION OF TAX
The New York City Hotel Room
                                              DE MINIMIS ACTIVITY RULE:                       PERMANENT RESIDENT:
Occupancy Tax is separate from and in
                                              Effective September 1, 2004, a facility will    The definition of a permanent resident
addition to sales taxes imposed by the
                                              not be considered a hotel (see definition       (see below) has been clarified to provide
State of New York and the City of New
                                              below) required to collect the tax if, during   that, in determining the number of days of
York on the occupancy of hotel rooms and
                                              any four consecutive tax quarters or any        consecutive occupancy, any day on which
consists of a percentage of the rent plus a
                                              twelve-month period ending on the last          a person occupying the room sublets or
flat amount per day. This tax must be
                                              day of February, rooms, apartments or           otherwise contracts away that person's
collected for every occupancy of each
                                              units are rented to occupants on fewer than     right to occupy the room will not be taken
room in a hotel in the City of New York
                                              three occasions or for not more than 14         into account. For further information, see
except as provided below.
                                              days in the aggregate. Rentals of rooms in      Title 19 Rules of the City of New York
                                              a single building will be aggregated and        §12-01 effective July 25, 2001.
HIGHLIGHTS OF
RECENT LAW CHANGE
                                              rentals of apartments and living units in       ____________________________
                                              one or more buildings owned or leased by
Effective for all occupancies occurring
                                              the same operator will be aggregated.           NOTE: Effective for periods beginning
on or after March 1, 2009 and before
                                              Rentals under a single contract for one or      on and after April 1, 2005, New York
December 1, 2011, the additional tax
                                              more consecutive days will be considered        State has enacted a Convention Center
(Forms NYC HTX and NYC HTXB,
                                              a single occasion, however, if a single         Hotel Unit Fee of $1.50 per hotel unit per
schedule A, line 5) is 5.875% of the rent
                                              contract provides for a rental for non-         day. The fee is required to be collected by
or charge per day. The fixed rate tax of
                                              consecutive days, each period of                hotels within the City. This fee is not
50 cents up to $2.00 per room per day
                                              consecutive days will be considered a           part of the New York City Hotel Room
(Forms NYC HTX and NYC HTXB,
                                              single occasion. If a room, apartment or        Occupancy Tax. The new fee is to be
Schedule A, lines 1 through 4) remains
                                              unit is sublet or the right to occupy the       collected and administered by the New
unchanged. See Int. No. 879-A of the
                                              room, apartment or unit is sold or              York State Department of Taxation &
Local Laws of 2008.
                                              subcontracted to another person, each           Finance in the same manner as the Sales
Effective for periods beginning on or         separate sublet or subcontract for a period     Tax on hotel rooms.            Additional
after September 1, 2009, “room                of consecutive days will be considered a        information is available on their website
remarketers” are required to collect the      separate occasion. Rentals to permanent         at www.nystax.gov
Hotel Room Occupancy Tax from                 residents (see definition below) will not be    ____________________________
occupants and remit a portion of the          included in the number of occasions or
tax to hotel operators and a portion of       days of rentals for this purpose. Once a        DEFINITIONS
the tax to the Commissioner of Finance.       facility is required to register and collect
Room remarketers are also required to         the tax because it exceeds the de minimis
                                                                                              - Hotel
register with the Commissioner of             thresholds during a period, it must
                                                                                              For purposes of the tax, “hotel” is any
Finance. Room remarketers should not          continue to collect the tax even if it falls
                                                                                              building or portion thereof that is
use this form. They should use the            below the threshold in a later period.
                                                                                              regularly used and kept open for the
NYC-HTX-RR                                    However, if a facility, once registered,
____________________________
                                                                                              lodging of occupants. The term “hotel”
                                              falls below the threshold for a period of
                                                                                              includes apartment hotels, motels,
                                              three consecutive years, the facility is not
                                                                                              boarding houses, lodging houses and
HIGHLIGHTS OF                                 considered a hotel and is not required to
                                              file. For further information, see Title 19
                                                                                              clubs, whether or not meals are served.
RECENT RULE CHANGES                           Rules of the City of New York §12-01,
                                                                                              The rental to occupants, other than
                                                                                              permanent residents, of furnished
The Department of Finance recently            definition of "hotel", effective February
                                                                                              apartments or other furnished living units
adopted a number of new rules affecting       19, 2005.
                                                                                              intended for single-family use is
the application of the New York City
                                                                                              considered a hotel. A hotel includes
Hotel Room Occupancy Tax.                     CHANGE IN FILING
                                                                                              making one or more rooms in a property
                                              REQUIREMENTS FOR
                                                                                              owned by an individual available to guests
REPEAL OF                                     SMALL OPERATORS:
                                                                                              for compensation on a regular basis and
"BUNGALOW" EXCEPTION:                         Effective for periods beginning on and
                                                                                              also includes renting to guests more than
Effective December 1, 2003, rentals to        after September 1, 2004, operators of
                                                                                              one room in a dwelling place ordinarily
occupants, other than permanent residents,    hotels having fewer than ten (10) rooms
                                                                                              occupied by a person as his or her
of furnished apartments or other furnished    and operators of fewer than ten (10)
                                                                                              residence. See "Highlights of Recent Rule
living units intended for single family use   furnished apartments or furnished living
                                                                                              Changes" above.
are subject to the tax regardless of          units may file their returns on Form NYC-
whether the rental is for periods of one      HTXB on an annual basis covering the
                                                                                              - Operator
week or more and regardless of whether        twelve-month period ending on the last
                                                                                              An “operator” is any individual,
meals, maid service or other common           day of February. That return will be due
                                                                                              partnership, society, association, joint
hotel services are provided. For further      on the subsequent March 20 each year.
Instructions for Form NYC-HTX                                                                                                       Page 2

stock company, corporation, estate,            occupancy for 180 consecutive days or           tax. In the case of operators commencing
receiver, trustee, assignee, referee, or any   more does not become a “permanent               business or opening new hotels, a
other person acting in a fiduciary or          resident” under the law until he/she has        certificate of registration must be filed
representative       capacity,     whether     been an occupant for 180 consecutive days,      within three days after the commencement
appointed by a court or otherwise, and any     and the operator is liable for the collection   or opening. Every operator who operates
combination of individuals operating a         of the tax until that occupancy for 180         more than one hotel is required to obtain a
hotel in the City of New York, including       consecutive days has been completed.            certificate of authority for each
but not limited to the owner or proprietor     However, an occupant can obtain                 establishment. An operator of furnished
of such premises, lessee, sublessee,           permanent resident status prior to              apartments or other furnished living units
mortgagee in possession, licensee, or any      completing 180 days of consecutive              intended for single-family use subject to
other person operating the hotel.              occupancy by requesting a lease from the        the tax and located at multiple addresses
                                               hotel operator pursuant to the provisions of    may request a single certificate of
- Room Remarketer                              Section 2522.5 of the rent stabilization        authority for all such apartments or living
Any person, excluding the operator,            regulations promulgated by the New York         units by attaching to the registration form
having any right, access, ability or           State Division of Housing and Community         a schedule showing each apartment and its
authority, through any means whatsoever,       Renewal. Where the occupant has                 street address. The certificate of authority
to offer, reserve, book, arrange for,          requested such a lease, the hotel operator      must be prominently displayed by the
remarket, distribute, broker, resell, or       should not collect the tax for any day,         operator in a manner that it may be seen
facilitate the transfer of rooms the           starting on the date the lease was requested,   and come to the notice of all occupants
occupancy of which is subject to tax under     that falls within a period of continuous        and persons seeking occupancy.
this chapter.                                  occupancy by the occupant. However, if
                                               the occupant does not complete 180 days         Exemption of Nonprofit Operators. An
- Occupancy                                    of continuous occupancy, any taxes not          organization organized and operated
“Occupancy” is the use or possession of        previously collected become immediately         exclusively for religious, charitable, or
any room or rooms in a hotel, or the right     due and payable and are to be collected by      educational purposes, or for the
to the use or possession of the furnishings    the hotel operator.                             prevention of cruelty to children or
or to the services and accommodations                                                          animals, is exempt from the obligation to
accompanying the use and possession of         - Transient Occupant                            collect the tax as a hotel operator if it
the room or rooms. There is an                 A “transient occupant” is a person entitled     carries on its nonprofit activities in
“occupancy” of a room whether or not the       to use or possess a hotel room who is not       premises in which, as part of the activities
person entitled to the use or possession of    a “permanent resident” as defined above.        for which it was organized, it operates a
the room actually uses or possesses it.                                                        hotel. To obtain the above exemption as a
                                               - Room                                          hotel operator, a nonprofit organization
- Rent                                         A “room” includes any portion of a hotel,       must submit a request for exemption
The consideration received for occupancy       other than a bathroom or lavatory,              containing the following:
valued in money, whether received in           whether used for dwelling, commercial or        1. a copy of the organization’s articles of
money or otherwise, including all receipts,    any other purposes, except: (1) A place of         incorporation or association,
cash, credits, and property or services of     assembly as defined in the NYC                  2. a copy of its by-laws,
any kind or nature, including any service      Administrative Code (See Title 19 Rules
and/or booking fees that are a condition of    of the City of New York Section 12-01);         3. a statement of receipts and
occupancy, and also any amount for             (2) A store, stand or counter to which             disbursements for its most recent year,
which credit is allowed by the operator or     access is had directly from public              4. a statement of its assets and liabilities
room remarketer to the occupant, without       thoroughfares or street or mezzanine               for its most recent year,
any deduction therefrom whatsoever.            lobbies; (3) A lobby, public dining room        5. a copy of its exemption from federal
                                               or other public room used for a private            income tax issued by the Internal
- Net Rent                                     purpose. The term “room” also includes a           Revenue Service,
The rent received by an operator from a        kitchenette, provided that (a) it is a walk-
                                                                                               6. copies of its federal, state, and City tax
room remarketer.                               in area, enclosed by walls, with one or
                                                                                                  returns for the most recent three years,
                                               more doorways, archways, or other
                                                                                                  and
- Additional Rent                              openings, (b) it is supplied with a cooking
The excess of the rent received from an        appliance, including, but not limited to, a     7. an affidavit of an officer of the
occupant by a room remarketer over the         range, microwave or convection oven, or            organization stating the following:
net rent.                                      hot plate, and (c) it contains at least one       a. type of organization
                                               item from each of two of the following
                                                                                                 b. purpose for which it was organized
- Permanent Resident                           three categories: (1) a sink with running
Except as otherwise provided below, a          water, or dishwasher; (2) a refrigerator;         c. a description of its actual activities
person is a “permanent resident” as of a       (3) a cabinet, counter top, or table.             d. source and disposition of its funds
given date if he/she has had the right to                                                        e. a statement that none of its net
occupy a room or rooms in a particular         REGISTRATION                                         earnings is credited to surplus nor
hotel for the 180 consecutive days             Every operator of a hotel must file with             may inure to the benefit of any
preceding that date. See "Highlights of        the Department of Finance a certificate of           shareholder, member or individual,
Recent Rule Changes - Permanent                registration on the form prescribed by the           and
Resident” above for recent changes related     Department of Finance for the purpose of
to the definition of a permanent resident. A   obtaining a certificate of authority              f. such other facts as may be relevant
person who enters into an agreement for        empowering the operator to collect the               to its application.
Instructions for Form NYC-HTX                                                                                                                                                                           Page 3

The application should be submitted to:               per day based on the following table:                                                                             and any separate charge for rent for the
      New York City Dept. of Finance                                                                                                                                    occupancy is subject to tax. If no
                                                 If the rent per full day                                            The tax per day is:
      Exemption Processing Section               for the room is:
                                                 _________________________________________
                                                                                                                                                                        separate charge for the room is made to
      59 Maiden Lane, 20th Floor                 $10 or more, but less than $20...........................................$ 0.50                                        the person, 20% of the total charge to
      New York, NY 10038                         $20 or more, but less than $30..........................................$ 1.00                                         the guests for the food and/or drink is
                                                 $30 or more, but less than $40..........................................$ 1.50                                         attributable to the use of the room by
WHEN AND WHERE TO FILE
                                                 $40 or more .............................................................................................$ 2.00        the person, and taxable as rent. If the
Every operator as defined above is                                                                                                                                      charge to the guests is less than a
                                                      In using the table, where an amount of                                                                            minimum amount guaranteed by such
required to file returns. Quarterly returns
                                                      rent is charged for more than one room,                                                                           person, 20% of the guaranteed
must be filed for each establishment for
                                                      whether or not a suite, if such rooms are                                                                         minimum shall be attributable to the
each three-month period ending on the
                                                      not otherwise rented separately, the daily                                                                        use of the room by such person and is
last days of August, November, February
                                                      rent per room is to be determined by                                                                              taxable as rent.
and May of each tax year and must be
                                                      dividing the entire rent by the number of
filed within 20 days of the end of the
                                                      rooms for which the charge is made (see                                                                       EXEMPTIONS
period they cover. However, effective for
                                                      "room" defined above). For example, if                                                                        The following persons are exempt from
periods beginning on and after September
                                                      the entire charge for a suite of three                                                                        payment of the tax as hotel occupants: (a)
1, 2004, operators of hotels having fewer
                                                      rooms is $90 per day, the charge for each                                                                     permanent resident as defined above, and
than ten (10) rooms and operators of
                                                      room is considered to be $30. Beginning                                                                       (b) organizations and associations exempt
fewer than ten (10) furnished apartments
                                                      on or after December 1, 1994 and before                                                                       from the State and City Sales Tax on hotel
or furnished living units may file their
                                                      March 1, 2009, the per room tax is $1.50                                                                      room rents as described in Tax Law
returns on an annual basis covering the
                                                      plus an additional 5% of the rent.                                                                            section 1116(a), including the federal
twelve-month period ending on the last
                                                      Beginning on or after March 1, 2009 and                                                                       government, the State and City of New
day of February. That return will be due
                                                      before December 1, 2011, the per room                                                                         York, or any agency thereof, and certain
on the subsequent March 20 each year.
                                                      tax remains at $1.50 but the additional                                                                       nonprofit organizations. A person or
An operator of furnished apartments or
                                                      tax rate has been raised to 5.875% of the                                                                     entity claiming exemption other than as a
other furnished living units intended for
                                                      rent. (See instructions for Line 5).                                                                          permanent resident must submit to the
single-family use subject to the tax and
located at multiple addresses but                2) Where a room occupancy is for less                                                                              hotel operator a New York State Sales
registered under a single certificate               than a full day and a person pays less                                                                          Tax exemption certificate to obtain this
should file a single return covering all            than the rent for a full day, the tax is                                                                        exemption.
such apartments or living units by                  the same amount as would be due for a
attaching to the return a schedule                  full day at the rate for a full day.                                                                            Preparer Authorization: If you want to
showing each apartment and its street                                                                                                                               allow the Department of Finance to
address.                                         3) Where the rent covers a term longer                                                                             discuss your return with the paid preparer
                                                    than one day, the rent per day is                                                                               who signed it, you must check the "yes"
The return should be mailed to:                     computed by dividing the rent for the                                                                           box in the signature area of the return.
       NYC Department of Finance                    term by the total number of days in the                                                                         This authorization applies only to the
       P. O. Box 5160                               term.                                                                                                           individual whose signature appears in the
       Kingston, NY 12402-5160                                                                                                                                      "Preparer's Use Only" section of your
                                                 4) Where the price of meals (meal plan                                                                             return. It does not apply to the firm, if
An operator who terminates the business             not optional) is included in the full day
or falls below the de minimis threshold for                                                                                                                         any, shown in that section. By checking
                                                    room rent, the full day room rent is to                                                                         the "Yes" box, you are authorizing the
three consecutive years (see, “Highlights           be adjusted in accordance with the
of Recent Rule Changes”) must file a final                                                                                                                          Department of Finance to call the preparer
                                                    following schedule.                                                                                             to answer any questions that may arise
return within 20 days from the date the
business was terminated. If the business                                                                                                                            during the processing of your return. Also,
was sold, the purchaser must also file a
                                                       If the total      The portion of the total                                                                   you are authorizing the preparer to:
                                                       charge includes:  charges subject to tax is:
return covering the period beginning on                _____________________________________                                                                            Give the Department any information
the date of purchase. If you have fewer                Breakfast, Lunch, Dinner ............................................50 %                                        missing from your return,
                                                                                                                                                                    G

than ten (10) rooms or fewer than ten                  Lunch, Dinner .........................................................................60 %
                                                       Breakfast, Dinner ..............................................................60 %                             Call the Department for information
(10) furnished apartments or furnished                                                                                                                                  about the processing of your return or
                                                                                                                                                                    G
                                                       Breakfast, Lunch ..................................................................70 %
living units, you may not use this form.                                                                                                                                the status of your refund or payment(s),
                                                       Dinner ...............................................................................................75 %
Use Form NYC-HTXB.                                     Lunch .............................................................................................. 85 %        and
                                                       Breakfast .......................................................................................85 %
ELECTRONIC FILING                                                                                                                                                       Respond to certain notices that you
                                                                                                                                                                        have shared with the preparer about
                                                                                                                                                                    G

Register for electronic filing. It is an easy,
secure and convenient way to file and pay        5) Where the price of meals (optional                                                                                  math errors, offsets, and return
the Hotel Tax on-line. For more                     meal plan) is included in the full day                                                                              preparation. The notices will not be
information log on to nyc.gov/nycefile              room rent, the full day room rent is to                                                                             sent to the preparer.
                                                    be reduced by the price of the meals.                                                                               You are not authorizing the preparer to
COMPUTATION OF TAX                                                                                                                                                      receive any refund check, bind you to
                                                 6) Where the exclusive use of a room is                                                                                anything (including any additional tax
1) This tax must be paid for every                  secured by a person as an incident to
   occupancy of each room in a hotel in                                                                                                                                 liability), or otherwise represent you
                                                    the furnishing by the operator of food                                                                              before      the    Department.     The
   the City of New York at 5.875% of the            and/or drink to be served in such room,
   rent charged plus an amount per room                                                                                                                                 authorization cannot be revoked,
                                                    the use constitutes a taxable occupancy,
Instructions for Form NYC-HTX                                                                                                       Page 4

  however, the authorization will               hotel’s books and records.                        corporate operator and partners in a
  automatically expire twelve (12)                                                                partnership that is an operator are
  months after the due date (without            LINE 9 - REFUNDS AND/OR                           personally liable for the tax collected or
  regard to any extensions) for filing this     CREDITS                                           required to be collected by the
  return. Failure to check the box will be      Enter the sum of the following and attach         corporation or partnership and are
  deemed a denial of authority.                 a schedule to the return and explain on a         subject to the above penalties.
____________________________
                                                rider:
                                                a) any amount of tax paid to the               LINE 18 - TOTAL
                                                   Department of Finance in the preceding      REMITTANCE DUE
SPECIFIC INSTRUCTIONS                              period and refunded in the current          Add lines 13, 16 and 17 to obtain the total
                                                   period to a person who has become a         amount due. Make your check payable to
LINES b AND c -                                                                                the order of:
                                                   permanent resident;
For operators of furnished apartments or
                                                b) any amount of tax paid to the                     NYC Department of Finance
other furnished living units located at
different street addresses, enter on this          Department of Finance with respect to
                                                                                               For further information, call 311, If
line and line c the number of rooms in all         rent that has been determined to be
                                                                                               calling from outside the five NYC
locations.                                         worthless, but only if the refund is
                                                                                               boroughs, call 212-NEW-YORK (212-
                                                   requested within one year from the date
LINE d -                                                                                       639-9675).
                                                   of payment; and
If you are an operator renting out                                                             PRIVACY ACT NOTIFICATION
                                                c) any other credit allowable by law or
apartments or living units under a single                                                      The Federal Privacy Act of 1974, as amended,
                                                   regulation, provided a detailed
certificate of authority in more than one                                                      requires agencies requesting Social Security
                                                   explanation is attached to the return.
building attach an addendum to this form                                                       Numbers to inform individuals from whom
showing the name, if any, and the address                                                      they seek this information as to whether
                                                LINE 16 - INTEREST                             compliance with the request is voluntary or
of each building in which you rent out
                                                If the tax is not paid on or before the due    mandatory, why the request is being made and
apartments or living units under a single                                                      how the information will be used. The
                                                date, interest must be paid on the amount
certificate of authority on a transient basis                                                  disclosure of Social Security Numbers for
                                                of the underpayment from the due date to
and the number of rooms at each location.                                                      taxpayers is mandatory and is required by
                                                the date paid. For information regarding       section 11-102.1 of the Administrative Code of
SCHEDULE A -                                    interest rates, visit the Finance website at   the City of New York. Such numbers disclosed
COMPUTATION OF TAX                              nyc.gov/finance or call 311. If calling        on any report or return are requested for tax
                                                from outside of the five NYC boroughs,         administration purposes and will be used to
LINE A - PAYMENT                                please call 212-NEW-YORK (212-639-
                                                                                               facilitate the processing of tax returns and to
Enter the amount of payment remitted                                                           establish and maintain a uniform system for
                                                9675). Interest amounting to less than $1      identifying taxpayers who are or may be
with this return.                               need not be paid.                              subject to taxes administered and collected by
LINES 1 TO 4 - RENT CATEGORIES                                                                 the Department of Finance, and, as may be
                                                LINE 17 - PENALTY                              required by law, or when the taxpayer gives
Enter in the proper lines for each rental
                                                a) If you fail to file a return when due,      written authorization to the Department of
category the total number of taxable                                                           Finance for another department, person, agency
                                                   add to the tax (less any payments made
occupancies of rooms or apartments                                                             or entity to have access (limited or otherwise)
                                                   on or before the due date) 5% for each
during the period covered by the return.                                                       to the information contained in his or her
                                                   month or partial month the form is late,    return.
LINE 5 - ADDITIONAL TAX DUE                        up to 25%, unless the failure is due to
Enter the total amount of rents or charges         reasonable cause.
for taxable occupancies during this tax         b) If the return is filed more than 60 days
period. Multiply this by the tax rate,             late, the above late filing penalty will
which for periods on or after Dec. 1, 1994         not be less than the lesser of 1) $100 or
and before March 1, 2009 is 5%.                    2) 100% of the amount required to be
Effective for all occupancies occurring on         shown an the return less any payment
or after March 1, 2009 and before                  or credits claimed.
December 1, 2011, the applicable tax rate
                                                c) If you fail to pay the tax shown on the
is 5.875%.
                                                   return by the prescribed filing date, add
NOTE: Pursuant to recent legislative               to the tax (less any payments made)
changes the statute distinguishes between          1/2% for each month or partial month
“rents” received by the operator from              the payment is late up to 25%, unless
occupants and “net rents” received by the          the failure is due to reasonable cause.
operator from room remarketers. This            d) The total of the additional charges in
distinction is not relevant for purposes of        (a) and (c) may not exceed 5% for any
this form. The taxpayer should include on          one month except as provided in (b).
this line all amounts charged for taxable
                                                  If you claim not to be liable for these
occupancies during this period whether
                                                  additional charges, a statement in
received      from     operators,    room
                                                  support of your claim should be
remarketers or other third parties.
                                                  attached to the return.
LINE 7 - TOTAL TAX COLLECTED                      Additional penalties may be imposed
Enter the amount of tax collected or              on any underpayment of the tax due to
required to be collected according to the         negligence or fraud. Officers of a

						
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