Agenda - 08-23-2011 - 8d - Laserfiche WebLink

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36 ATTACIiMENT C - 2 (cj A retailer must separately state the room occupancy tax. Room occupancy taxes paid to a retailer-are-held in trust for and on accounrof the town. (d) The town shall design and furnish to all appropriate ?~usinesses and.- persons in the town the necessary forms- for filing returns and instructions to ensure the full collection of the tax. An operator of a business who collects a room occupancy tax may deduct frem the amount remitted to the town a discount equal to the discount the State allows the retailer for State sales and use tax. (e) As provided in G.S. 160A-215(d), the tax levied by this- Chapter shall be due and payable to the town finance officer in monthly installments- on- or before ti'~e 20th day of the month following the month in which the tax accrues. Every person; firm,. corporation, or association-liable for-the tax shall, on or before the 20th-day of each month, prepare and render a return on a form prescribed by the town. The return shall Mate the total gross receipts derived in the preceding:-month from rentals upon. which the-tax is levied. A room occupancy tax return filed with the town is not a public record and may not be disclosed-except in accordance with- G.S. 160A-208.1. Section $A-3. Penalties. As provided in G.S. 160A-215(e), a person, firm, corporation, or association who fails or refuses to file a room occupancy-tax return or pay a r-0om occupancy tax as required by_ this Chapter shall be subject to the civil and criminal penalties set by G.S. 105-236 for failur-e to pay orfile-a return for State sales and use taxes. The Board of Aldermen has the same authority to waive the penalties for a room occupancy tax that the Secretary of Revenue has to waive the penalties for .State sales and use taxes. Section 8A-4. Distribution and Use of Tax Revenue. The-town shall, on a quarterly _basis, remit the net proceeds of the occupancy tax to the Carrboro Tourism Development Authority (CTDA}. The CTDA shall use at least two-thirds of the funds remitted to it under this section to promote travel and tourism in Carrboro and shall use the remainder for tourism-related expenditures. The following definitions apply in this section: (1) Net Proceeds. Gross proceeds less the cost to the town of administering and collecting the tax, as determined by the finance officer, not to exceed three percent (3%) of the first five hundred thousand dollars ($500,000) of gross proceeds collected each yeaz and one percent (1%) of-the remaining gross receipts collected -each year. (2) Promote travel and tourism. To .advertise or market an area or activity, publish and distribute pamphlets and other materials, conduct market reseazch, or engage in similar promotional activities that attract tourists or business travelers to the area. The term includes administrative expenses incurred in engaging in these activities.