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Tax on Occupancy of the Hotel/Motel
Rooms
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How does the system work?
- The owner files a Certificate of Registration
- Within 10 days of the Delaware County Treasurer's Office
receipt of the Certificate of Registration, a Certificate of
Authority is issued. This Certificate of Authority grants permission
to collect a 2% occupancy tax.
- 2% occupancy tax is collected as of March 1, 2016 or the first
day that a business opens thereafter
- What vendors collect the 2% occupancy tax?
- All lodging facility owners collect this tax on all lodging
transactions
- Tax must be collected by all Delaware County vendors, regardless
of the point of sale
- When do I start collecting the 2% hotel/motel occupancy
tax?
- March 1, 2016 or the first day that a new business opens
thereafter
- When do I register?
- Existing businesses register as soon as possible
- New businesses register by the opening day of business
- How do I register?
- The registration form is available from the Delaware County
Treasurer's Office. There are many ways to obtain this form:
- Pick one up at the local Town Clerk Office
- Email
treas@co.delaware.ny.us to request an emailed copy of the
form
- Phone 607-832-5070 to request a mailed or faxed
copy of the form
- Access the form on the Delaware County Website
- Google Search 'Delaware County NY' or type access
http://www.co.delaware.ny.us/index.htm
- Under the Businesses heading on the menu at the right side of
the screen, select Occupancy Tax
- On the Treasurer Occupancy Tax page select Occupancy Tax
Registration Form
- Complete this form on-line:
- select Print to create a paper copy for your records
- select Save to keep a copy on your computer for your records
- select Email to submit a copy for registration (required)
- What is a Certificate of Authority?
- Is the legal document that allows
the owner of a lodging facility to, on behalf of Delaware
County, collect a 2% occupancy tax
- Is to be prominently displayed
- Is not transferable or
assignable
- Is to be surrendered to the
Delaware County Treasurer's Office when a business ceases
- How do I report collected 2% hotel/motel occupancy tax?
- Monthly reporting begins April 1, 2016
- Quarterly reporting begins June 1, 2016
- Annual reporting begins March 1, 2017
- Reports with fees are submitted through the Delaware County
Treasurer's Office. There are many ways to obtain the report
form:
- Email treas@co.delaware.ny.us to request an emailed copy
of the form
- Phone 607-832-5070 to request a mailed or faxed
copy of the form
- Access the form on the Delaware County Website
- Google Search 'Delaware County NY' or type access
http://www.co.delaware.ny.us/index.htm
- Under the Businesses heading on the menu at the
right side of the screen, select Occupancy Tax
- On the Treasurer Occupancy Tax page select Occupancy
Tax Return
- Print and fill out the form, sign and date it.
- Send in the completed signed form with payment to the address at
the top of the form.
- When are Occupancy Tax Return Reports due?
- Reports are due either monthly, quarterly, or annually
- Reports are due on the same quarters as the NYS Sales Tax forms
- Quarterly Filers:
- Mar-Apr-May .................. Due Jun 20th
- Jun-Jul-Aug .................... Due Sept 20th
- Sept-Oct-Nov ................. Due Dec 20th
- Dec-Jan-Feb .................. Due Mar 20th
- Annual Filers:
- Mar-Feb .......................... Due Mar 20th
- Are there any exemptions regarding paying 2% occupancy
tax?
- Any entity that qualifies for the NYS Sales Tax Exempt Form
ST-129 does NOT have to pay the 2% Occupancy Tax
- Typical exempt organizations are governments, schools, churches,
non-profits, etc.
- Are there special bookkeeping requirements?
- Rentals and exempt rentals must be listed separately on the
business accounting records
- Books must be available for audits
- All records must be kept for 3 years
- Is there any compensation for preparing the "Occupancy
Tax Return" form?
- Yes, 5% of the 'Net Taxable Income From Occupancy of Rooms', not to
exceed $50.00
- 5% is not allowed on late payments
- How should the 2% occupancy tax be stated on bills?
- The 2% tax must be stated separately
- The 2% tax can simply be listed as 'Tax'
- What happens to the 2% occupancy tax revenues?
- 90% is for Tourism Promotion Funds
- 10% is an Administrative Fee
- What happens to the 90% tourism dollars?
- The 90% tourism share is disbursed by a seven (7) member
'Tourism Advisory Board'
- Funds will be distributed like a 'grant' program
- Applications with a request for money to implement a plan to
promote tourism in Delaware County would be submitted for approval
to the 'Tourism Advisory Board' in care of the Director of Economic
Development
- Board includes:
- Director of Economic Development
- 2 members of the Board of Supervisors
- 4 tourism business representatives
(2 of which must be lodging operators)
- Where can I get a copy of the Occupancy Tax Local Law?
- Access the local law on the Delaware County Website
- Google Search 'Delaware County NY' or type access
http://www.co.delaware.ny.us/index.htm
- Under the Businesses heading on the menu at the right side of
the screen, select Occupancy Tax
- On the Treasurer Occupancy Tax page select Delaware County
Occupancy Tax Local Law
- How do I report lodging facilities that I feel are not
registered?
- According to local law we cannot tell you if a business is
registered however we will review our records if a business is
reported
- There are many ways report a business:
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