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NEW JERSEY STATUTE DEFINITION WHAT IS A HOTEL

NJ Realtors  Report  Negative Impact of Taxing Tourists  

June 1, 2007

 

Other States Seasonal Rental Tax

NJ #1 Tax Increasing State in the Nation, Again

STATE TAKING BACK TOURISM PROMOTION DOLLARS

GOVERNOR TO RAISE TAXES EVEN HIGHER

A NEW TAX MUNICIPAL PARKING FEES

 

ASBURY SCENARIO

New Jersey Hotel Tax

 

MOTEL CRISIS POINT PLEASANT BEACH NJ

State Of NJ Div. of Taxation Investigates Seasonal Rental Owners

03/20/05 COMPLIANCE AND COLLECTION UNDERWAY

NJ League of Municipalities Targets Seasonal Rental Homes, Condo's for Taxation

 

BILLS & SPONSOR to Reduce Tax

 

The Law Synopsis

 
P.L.2003, c.114 

Assembly Bill 3710

 

12/5/04

 Increase taxes including occupancy taxes

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New Jersey Hotel Tax

ASBURY SCENARIO

New Jersey Tax

TOURISM FAILURE

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MARCH 20, 2005

State Of NJ Div. of Taxation Investigates

Seasonal Rental Owners

COMPLIANCE AND COLLECTION UNDERWAY

 

   State of New Jersey Division of Taxation has launched an investigation into the practices of all individuals (Private home owners, Realtors, anyone) who offers their properties for rent for less than 90 days.

    The Tax Laws of the State of New Jersey Requires All Individuals to Register and Collect Sales Tax and Occupancy Tax if Renting Properties for less than 90 Days.

                However owner of homes and other residential rental properties have operated for years under the assumption that those rentals had no obligation to collect a tax. 

            The State at the present time is not offering an amnesty program and has otherwise embarked upon an enforcement and collection approach on a case by case basis.

 

New Jersey Sales Tax Guide  Click for NJ Div. of Taxation Guide

Sales Tax Law

The New Jersey Sales and Use Tax Act imposesa tax of 7% upon the receipts from every retail sale of tangible personal property, digital property,and the sale of certain services, except as otherwise provided in the Act. .... In addition,most services performed upon tangible personal property are taxable unless they are specifically exempted by law. Exempt items include:most food sold as grocery items, most clothing and footwear, disposable paper products for household use, prescription drugs, and over-the counter drugs.

This means that in New Jersey, most items and most services performed upon tangible personal property are taxable unless they are specifically exempted by law.

 

Hotel tax enabling Language

...There is imposed and shall be paid a hotel and motel occupancy fee of 7% for occupancies on and after August 1, 2003 but before July 1, 2004, and of 5% for occupancies on and after July 1, 2004, upon the rent for every occupancy of a room or rooms in a hotel subject to taxation pursuant to subsection (d) of section 3 of P.L. 1966, c.30 (C:54:32B-3), which every person required to collect tax shall collect from the customer when collecting the rent to which it applies...

From the most recent  Bulletin S&U-4 http://www.state.nj.us/treasury/taxation/pdf/pubs/sales/su4.pdf Pg 28

"Tourism-related sales. include the following (if also taxable under the Sales and Use Tax Act):

 Hotel, motel, or boarding house, lodging;"

 

 
1. a small, makeshift or crude shelter or habitation, as of boughs, poles, skins, earth, or rough boards; cabin or hut.
2. a house used as a temporary residence, as in the hunting season.
3. a summer cottage.
4. a house or cottage, as in a park or on an estate, occupied by a gatekeeper, caretaker, gardener, or other employee.
5. a resort hotel, motel, or inn.
6. the main building of a camp, resort hotel, or the like.
7. the meeting place of a branch of certain fraternal organizations.
8. the members composing the branch: The lodge is planning a picnic.
9. any of various North American Indian dwellings, as a tepee or long house. Compare earth lodge.
10. the Indians who live in such a dwelling or a family or unit of North American Indians.
11. the home of a college head at Cambridge University, England.
12. the den of an animal or group of animals, esp. beavers.
–verb (used without object)
13. to have a habitation or quarters, esp. temporarily, as in a hotel, motel, or inn: We lodged in a guest house.
14. to live in rented quarters in another's house: He lodged with a local family during his college days.
15. to be fixed, implanted, or caught in a place or position; come to rest; stick: The bullet lodged in his leg.
–verb (used with object)
16. to furnish with a habitation or quarters, esp. temporarily; accommodate: Can you lodge us for the night?
17. to furnish with a room or rooms in one's house for payment; have as a lodger: a boardinghouse that lodges oil workers.
18. to serve as a residence, shelter, or dwelling for; shelter: The château will lodge the ambassador during his stay.
19. to put, store, or deposit, as in a place, for storage or keeping; stow: to lodge one's valuables in a hotel safe.
20. to bring or send into a particular place or position.
21. to house or contain: The spinal canal lodges and protects the spinal cord.
22. to vest (power, authority, etc.).
23. to put or bring (information, a complaint, etc.) before a court or other authority.
24. to beat down or lay flat, as vegetation in a storm: A sudden hail had lodged the crops.
25. to track (a deer) to its lair.

[Origin: 1175–1225; ME logge < OF loge < ML laubia, lobia; see lobby]

lodge·a·ble, adjective
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Last modified: 03/05/08