5
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 ____________________________________ ___________________ __________________ ________________ Signature of owner, partner or corporate officer TITLE TELEPHONE NUMBER Date _________________________________________ __________________________________ ___________________ Preparerʼs signature PREPARERʼS PRINTED NAME DATE _____________________________ __________________________________ ______________ Check if Firmʼs name Address Zip Code Self-Employed: CERTIFICATION OF TAXPAYER Preparerʼs Social Security Number Firmʼs Employer Identification Number HOTEL ROOM OCCUPANCY TAX RETURN NYC HTX 1. $ 10 - $19.99 ....................................................... .....................$ 0.50 1. 2. $ 20.00 - $29.99 .............................................. .....................$ 1.00 2. 3. $ 30.00 - $39.99 .............................................. .....................$ 1.50 3. 4. $ 40.00 and over ............................................. .....................$ 2.00 4. ADDITIONAL TAX DUE TAX RATE TOTAL RENTS DURING THIS TAX PERIOD 5. Additional Tax 5.875% 5. 6. Total of lines 1 through 5 ..................................................................................................................................................................................................................................................6. 7. Total tax collected (see instructions) ............................................................................................................................................................................................................7. 8. Tax before refunds and/or credits (greater of line 6 or 7) ..............................................................................................................8. 9. Refunds and/or credits (attach schedule) (see instructions) .......................................................................................................9. 10. Total tax due (line 8 less line 9)...................................................................................................................................................................................10. .. 11. Less: (a) Prepayments for the period ..........................................11a. (b) Credits carried from previous tax return ........11b. 12. Total of lines 11a and 11b .................................................................................................................................................................................................12. 13. Balance due (line 10 less line 12) ...........................................................................................................................................................................13. 14. Overpayment (line 12 less line 10) ........................................................................................................................................................................14. 15. Amount of line 14 to be: (a) Refunded ............................................................................................................................................................15a. (b) Credited to next quarterʼs tax .....................................................................................................15b. 16. Interest (see instructions) ...................................................................................................................................................................................................16. 17. Penalty (see instructions) ...................................................................................................................................................................................................17. 18. TOTAL REMITTANCE DUE (line 13 plus lines 16 and 17) (Enter payment on line A above)........................18. 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: ........................... a. ____________________________________ b. Number of rooms available to transient occupants at the above hotel (see instructions) ............................................................... b. c. Number of rooms rented to permanent residents at the above hotel (see instructions) ............................................................................... 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 : d. TAX DUE (TAX RATE X # OF TAXABLE ROOM RENTALS) TAX RATE (PER ROOM AND DAY) RENT CATEGORIES (SEE INSTRUCTIONS) ADDʼL TAX DUE (TAX RATE X TOTAL RENTS) NUMBER OF TAXABLE ROOM RENTALS DURING THIS TAXABLE PERIOD EIN/SSN: ..................................... ACCOUNT TYPE ........................ HOTEL TAX ACCOUNT ID .............................. PERIOD BEGINNING.................. PERIOD ENDING........................ DUE DATE .................................. FEDERAL BUSINESS CODE ..... A. Payment Amount included with Form NYC-200V-EXCISE or being paid electronically Payment Enclosed Computation of Tax SCHEDULE A *40011091* 40011091 Legal Name: ____________________________________________________________________________ Facility Address (number and street): ____________________________________________________________________________ City and State: Zip: ____________________________________________________________________________ Business Telephone Number: NYC-HTX 2009 Check type of business entity: .....................Corporation Partnership or LLC Individual Check type of return: ...................................Initial return Amended return Final return Date business began in NYC ........................Date business ended in NYC - - - - - - - - - - Finance TM NEW YORK CITY DEPARTMENT OF FINANCE Make remittance payable to the order of NYC DEPARTMENT OF FINANCE. Payment must be made in U.S. dollars, drawn on a U.S. bank. ALL RETURNS EXCEPT REFUND RETURNS NYC DEPARTMENT OF FINANCE HOTEL TAX P.O. BOX 5060 KINGSTON, NY 12402-5060 RETURNS CLAIMING REFUNDS NYC DEPARTMENT OF FINANCE HOTEL TAX P.O. BOX 5050 KINGSTON, NY 12402-5050 REMITTANCES PAY ONLINE WITH FORM NYC-200V-EXCISE AT NYC.GOV/FINANCE OR Mail Payment and Form NYC-200V-EXCISE ONLY to: NYC DEPARTMENT OF FINANCE P.O. BOX 3646 NEW YORK, NY 10008-3646

HOTEL ROOM OCCUPANCY TAX RETURN TM NYC … for Form NYC-HTX Hotel Tax Quarterly Return Finance TM NEW YORK CITY DEPARTMENT OF FINANCE. stock company, corporation, estate,

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Page 1: HOTEL ROOM OCCUPANCY TAX RETURN TM NYC … for Form NYC-HTX Hotel Tax Quarterly Return Finance TM NEW YORK CITY DEPARTMENT OF FINANCE. stock company, corporation, estate,

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 ��

____________________________________ ___________________ __________________ ________________Signature of owner, partner or corporate officer TITLE TELEPHONE NUMBER Date

_________________________________________ __________________________________ ___________________ Preparerʼs signature PREPARERʼS PRINTED NAME DATE

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

CERTIFICATION OF TAXPAYER

Preparerʼs Social Security Number

Firmʼs Employer Identification Number

HOTEL ROOM OCCUPANCY TAX RETURNNYCHTX

1. $ 10 - $19.99 ....................................................... .....................$ 0.50 � 1.2. $ 20.00 - $29.99 .............................................. .....................$ 1.00 � 2.3. $ 30.00 - $39.99 .............................................. .....................$ 1.50 � 3.4. $ 40.00 and over............................................. .....................$ 2.00 � 4.

ADDITIONAL TAX DUE TAX RATE TOTAL RENTS DURING THIS TAX PERIOD

5. Additional Tax 5.875% � 5.

6. Total of lines 1 through 5 ..................................................................................................................................................................................................................................................� 6.7. Total tax collected (see instructions) ............................................................................................................................................................................................................� 7.8. Tax before refunds and/or credits (greater of line 6 or 7) ..............................................................................................................� 8.9. Refunds and/or credits (attach schedule) (see instructions) .......................................................................................................� 9.

10. Total tax due (line 8 less line 9)...................................................................................................................................................................................� 10. ..

11. Less: (a) Prepayments for the period ..........................................� 11a.(b) Credits carried from previous tax return ........� 11b.

12. Total of lines 11a and 11b .................................................................................................................................................................................................� 12.13. Balance due (line 10 less line 12) ...........................................................................................................................................................................� 13.

14. Overpayment (line 12 less line 10) ........................................................................................................................................................................� 14.15. Amount of line 14 to be: (a) Refunded ............................................................................................................................................................� 15a.

(b) Credited to next quarterʼs tax .....................................................................................................� 15b.16. Interest (see instructions) ...................................................................................................................................................................................................� 16.17. Penalty (see instructions) ...................................................................................................................................................................................................� 17.18. TOTAL REMITTANCE DUE (line 13 plus lines 16 and 17) (Enter payment on line A above)........................� 18.

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:........................... � a. ____________________________________

b. Number of rooms available to transient occupants at the above hotel (see instructions) ............................................................... � b.

c. Number of rooms rented to permanent residents at the above hotel (see instructions) ............................................................................... � 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: � d. ��

TAX DUE(TAX RATE X # OF TAXABLE ROOM RENTALS)

TAX RATE(PER ROOM AND DAY)

RENT CATEGORIES(SEE INSTRUCTIONS)

ADDʼL TAX DUE (TAX RATE X TOTAL RENTS)

NUMBER OF TAXABLE ROOM RENTALSDURING THIS TAXABLE PERIOD

EIN/SSN: .....................................ACCOUNT TYPE ........................ HOTEL TAXACCOUNT ID ..............................PERIOD BEGINNING..................PERIOD ENDING........................DUE DATE ..................................FEDERAL BUSINESS CODE .....

A. Payment Amount included with Form NYC-200V-EXCISE or being paid electronically �

Payment EnclosedComputation of Tax

SCHEDULE A

*400

1109

1*

40011091

Legal Name:

____________________________________________________________________________Facility Address (number and street):

____________________________________________________________________________ City and State: Zip:

____________________________________________________________________________ Business Telephone Number:

NYC-HTX 2009

Check type of business entity: .....................� �� Corporation � �� Partnership or LLC � �� Individual

Check type of return: ...................................� �� Initial return � �� Amended return � �� Final returnDate business began in NYC ........................� Date business ended in NYC �- - - -

- -- -- -

Finance

TM

NEW YORK CITY DEPARTMENT OF FINANCE

Make remittance payable to the order ofNYC DEPARTMENT OF FINANCE.

Payment must be made in U.S. dollars,drawn on a U.S. bank.

ALL RETURNS EXCEPT REFUND RETURNSNYC DEPARTMENT OF FINANCEHOTEL TAXP.O. BOX 5060KINGSTON, NY 12402-5060

RETURNS CLAIMING REFUNDSNYC DEPARTMENT OF FINANCEHOTEL TAXP.O. BOX 5050KINGSTON, NY 12402-5050

REMITTANCESPAY ONLINE WITH FORM NYC-200V-EXCISE AT

NYC.GOV/FINANCE ORMail Payment and Form NYC-200V-EXCISE ONLY to:

NYC DEPARTMENT OF FINANCEP.O. BOX 3646

NEW YORK, NY 10008-3646

Page 2: HOTEL ROOM OCCUPANCY TAX RETURN TM NYC … for Form NYC-HTX Hotel Tax Quarterly Return Finance TM NEW YORK CITY DEPARTMENT OF FINANCE. stock company, corporation, estate,

GENERAL INFORMATIONIMPOSITION OF TAXThe New York City Hotel RoomOccupancy Tax is separate from and inaddition to sales taxes imposed by theState of New York and the City of NewYork on the occupancy of hotel rooms andconsists of a percentage of the rent plus aflat amount per day. This tax must becollected for every occupancy of eachroom in a hotel in the City of New Yorkexcept as provided below.

HIGHLIGHTS OFRECENT LAW CHANGEEffective for all occupancies occurringon or after March 1, 2009 and beforeDecember 1, 2011, the additional tax(Forms NYC HTX and NYC HTXB,schedule A, line 5) is 5.875% of the rentor charge per day. The fixed rate tax of50 cents up to $2.00 per room per day(Forms NYC HTX and NYC HTXB,Schedule A, lines 1 through 4) remainsunchanged. See Int. No. 879-A of theLocal Laws of 2008.Effective for periods beginning on orafter September 1, 2009, “roomremarketers” are required to collect theHotel Room Occupancy Tax fromoccupants and remit a portion of thetax to hotel operators and a portion ofthe tax to the Commissioner of Finance.Room remarketers are also required toregister with the Commissioner ofFinance. Room remarketers should notuse this form. They should use theNYC-HTX-RR____________________________HIGHLIGHTS OFRECENT RULE CHANGESThe Department of Finance recentlyadopted a number of new rules affectingthe application of the New York CityHotel Room Occupancy Tax.

REPEAL OF"BUNGALOW" EXCEPTION:Effective December 1, 2003, rentals tooccupants, other than permanent residents,of furnished apartments or other furnishedliving units intended for single family useare subject to the tax regardless ofwhether the rental is for periods of oneweek or more and regardless of whethermeals, maid service or other commonhotel services are provided. For further

information, see Title 19 Rules of the Cityof New York §12-01, definition of "hotel"effective November 29, 2003.

DE MINIMIS ACTIVITY RULE:Effective September 1, 2004, a facility willnot be considered a hotel (see definitionbelow) required to collect the tax if, duringany four consecutive tax quarters or anytwelve-month period ending on the lastday of February, rooms, apartments orunits are rented to occupants on fewer thanthree occasions or for not more than 14days in the aggregate. Rentals of rooms ina single building will be aggregated andrentals of apartments and living units inone or more buildings owned or leased bythe same operator will be aggregated.Rentals under a single contract for one ormore consecutive days will be considereda single occasion, however, if a singlecontract provides for a rental for non-consecutive days, each period ofconsecutive days will be considered asingle occasion. If a room, apartment orunit is sublet or the right to occupy theroom, apartment or unit is sold orsubcontracted to another person, eachseparate sublet or subcontract for a periodof consecutive days will be considered aseparate occasion. Rentals to permanentresidents (see definition below) will not beincluded in the number of occasions ordays of rentals for this purpose. Once afacility is required to register and collectthe tax because it exceeds the de minimisthresholds during a period, it mustcontinue to collect the tax even if it fallsbelow the threshold in a later period.However, if a facility, once registered,falls below the threshold for a period ofthree consecutive years, the facility is notconsidered a hotel and is not required tofile. For further information, see Title 19Rules of the City of New York §12-01,definition of "hotel", effective February19, 2005.

CHANGE IN FILINGREQUIREMENTS FORSMALL OPERATORS:Effective for periods beginning on andafter September 1, 2004, operators ofhotels having fewer than ten (10) roomsand operators of fewer than ten (10)furnished apartments or furnished livingunits may file their returns on Form NYC-HTXB on an annual basis covering thetwelve-month period ending on the lastday of February. That return will be dueon the subsequent March 20 each year.

For further information, see Title 19 Rulesof the City of New York §§12-06 and 12-07 effective February 19, 2005.

PERMANENT RESIDENT:The definition of a permanent resident(see below) has been clarified to providethat, in determining the number of days ofconsecutive occupancy, any day on whicha person occupying the room sublets orotherwise contracts away that person'sright to occupy the room will not be takeninto account. For further information, seeTitle 19 Rules of the City of New York§12-01 effective July 25, 2001.____________________________NOTE: Effective for periods beginningon and after April 1, 2005, New YorkState has enacted a Convention CenterHotel Unit Fee of $1.50 per hotel unit perday. The fee is required to be collected byhotels within the City. This fee is notpart of the New York City Hotel RoomOccupancy Tax. The new fee is to becollected and administered by the NewYork State Department of Taxation &Finance in the same manner as the SalesTax on hotel rooms. Additionalinformation is available on their websiteat www.nystax.gov____________________________

DEFINITIONS- HotelFor purposes of the tax, “hotel” is anybuilding or portion thereof that isregularly used and kept open for thelodging of occupants. The term “hotel”includes apartment hotels, motels,boarding houses, lodging houses andclubs, whether or not meals are served.The rental to occupants, other thanpermanent residents, of furnishedapartments or other furnished living unitsintended for single-family use isconsidered a hotel. A hotel includesmaking one or more rooms in a propertyowned by an individual available to guestsfor compensation on a regular basis andalso includes renting to guests more thanone room in a dwelling place ordinarilyoccupied by a person as his or herresidence. See "Highlights of Recent RuleChanges" above.

- OperatorAn “operator” is any individual,partnership, society, association, joint

Instructions for Form NYC-HTXHotel Tax Quarterly Return

Finance

TM

NEW YORK CITY DEPARTMENT OF FINANCE

Page 3: HOTEL ROOM OCCUPANCY TAX RETURN TM NYC … for Form NYC-HTX Hotel Tax Quarterly Return Finance TM NEW YORK CITY DEPARTMENT OF FINANCE. stock company, corporation, estate,

stock company, corporation, estate,receiver, trustee, assignee, referee, or anyother person acting in a fiduciary orrepresentative capacity, whetherappointed by a court or otherwise, and anycombination of individuals operating ahotel in the City of New York, includingbut not limited to the owner or proprietorof such premises, lessee, sublessee,mortgagee in possession, licensee, or anyother person operating the hotel.

- Room RemarketerAny person, excluding the operator,having any right, access, ability orauthority, through any means whatsoever,to offer, reserve, book, arrange for,remarket, distribute, broker, resell, orfacilitate the transfer of rooms theoccupancy of which is subject to tax underthis chapter.

- Occupancy“Occupancy” is the use or possession ofany room or rooms in a hotel, or the rightto the use or possession of the furnishingsor to the services and accommodationsaccompanying the use and possession ofthe room or rooms. There is an“occupancy” of a room whether or not theperson entitled to the use or possession ofthe room actually uses or possesses it.

- RentThe consideration received for occupancyvalued in money, whether received inmoney or otherwise, including all receipts,cash, credits, and property or services ofany kind or nature, including any serviceand/or booking fees that are a condition ofoccupancy, and also any amount forwhich credit is allowed by the operator orroom remarketer to the occupant, withoutany deduction therefrom whatsoever.

- Net RentThe rent received by an operator from aroom remarketer.

- Additional RentThe excess of the rent received from anoccupant by a room remarketer over thenet rent.

- Permanent ResidentExcept as otherwise provided below, aperson is a “permanent resident” as of agiven date if he/she has had the right tooccupy a room or rooms in a particularhotel for the 180 consecutive dayspreceding that date. See "Highlights ofRecent Rule Changes - PermanentResident” above for recent changes relatedto the definition of a permanent resident. Aperson who enters into an agreement for

occupancy for 180 consecutive days ormore does not become a “permanentresident” under the law until he/she hasbeen an occupant for 180 consecutive days,and the operator is liable for the collectionof the tax until that occupancy for 180consecutive days has been completed.However, an occupant can obtainpermanent resident status prior tocompleting 180 days of consecutiveoccupancy by requesting a lease from thehotel operator pursuant to the provisions ofSection 2522.5 of the rent stabilizationregulations promulgated by the New YorkState Division of Housing and CommunityRenewal. Where the occupant hasrequested such a lease, the hotel operatorshould not collect the tax for any day,starting on the date the lease was requested,that falls within a period of continuousoccupancy by the occupant. However, ifthe occupant does not complete 180 daysof continuous occupancy, any taxes notpreviously collected become immediatelydue and payable and are to be collected bythe hotel operator.

- Transient OccupantA “transient occupant” is a person entitledto use or possess a hotel room who is nota “permanent resident” as defined above.

- RoomA “room” includes any portion of a hotel,other than a bathroom or lavatory,whether used for dwelling, commercial orany other purposes, except: (1) A place ofassembly as defined in the NYCAdministrative Code (See Title 19 Rulesof the City of New York Section 12-01);(2) A store, stand or counter to whichaccess is had directly from publicthoroughfares or street or mezzaninelobbies; (3) A lobby, public dining roomor other public room used for a privatepurpose. The term “room” also includes akitchenette, provided that (a) it is a walk-in area, enclosed by walls, with one ormore doorways, archways, or otheropenings, (b) it is supplied with a cookingappliance, including, but not limited to, arange, microwave or convection oven, orhot plate, and (c) it contains at least oneitem from each of two of the followingthree categories: (1) a sink with runningwater, or dishwasher; (2) a refrigerator;(3) a cabinet, counter top, or table.

REGISTRATIONEvery operator of a hotel must file withthe Department of Finance a certificate ofregistration on the form prescribed by theDepartment of Finance for the purpose ofobtaining a certificate of authorityempowering the operator to collect the

tax. In the case of operators commencingbusiness or opening new hotels, acertificate of registration must be filedwithin three days after the commencementor opening. Every operator who operatesmore than one hotel is required to obtain acertificate of authority for eachestablishment. An operator of furnishedapartments or other furnished living unitsintended for single-family use subject tothe tax and located at multiple addressesmay request a single certificate ofauthority for all such apartments or livingunits by attaching to the registration forma schedule showing each apartment and itsstreet address. The certificate of authoritymust be prominently displayed by theoperator in a manner that it may be seenand come to the notice of all occupantsand persons seeking occupancy.Exemption of Nonprofit Operators. Anorganization organized and operatedexclusively for religious, charitable, oreducational purposes, or for theprevention of cruelty to children oranimals, is exempt from the obligation tocollect the tax as a hotel operator if itcarries on its nonprofit activities inpremises in which, as part of the activitiesfor which it was organized, it operates ahotel. To obtain the above exemption as ahotel operator, a nonprofit organizationmust submit a request for exemptioncontaining the following:1. a copy of the organization’s articles ofincorporation or association,

2. a copy of its by-laws,3. a statement of receipts anddisbursements for its most recent year,

4. a statement of its assets and liabilitiesfor its most recent year,

5. a copy of its exemption from federalincome tax issued by the InternalRevenue Service,

6. copies of its federal, state, and City taxreturns for the most recent three years,and

7. an affidavit of an officer of theorganization stating the following:a. type of organizationb. purpose for which it was organizedc. a description of its actual activitiesd. source and disposition of its fundse. a statement that none of its netearnings is credited to surplus normay inure to the benefit of anyshareholder, member or individual,and

f. such other facts as may be relevantto its application.

Instructions for Form NYC-HTX Page 2

Page 4: HOTEL ROOM OCCUPANCY TAX RETURN TM NYC … for Form NYC-HTX Hotel Tax Quarterly Return Finance TM NEW YORK CITY DEPARTMENT OF FINANCE. stock company, corporation, estate,

The application should be submitted to:New York City Dept. of FinanceExemption Processing Section59 Maiden Lane, 20th FloorNew York, NY 10038

WHEN AND WHERE TO FILEEvery operator as defined above isrequired to file returns. Quarterly returnsmust be filed for each establishment foreach three-month period ending on thelast days of August, November, Februaryand May of each tax year and must befiled within 20 days of the end of theperiod they cover. However, effective forperiods beginning on and after September1, 2004, operators of hotels having fewerthan ten (10) rooms and operators offewer than ten (10) furnished apartmentsor furnished living units may file theirreturns on an annual basis covering thetwelve-month period ending on the lastday of February. That return will be dueon the subsequent March 20 each year.An operator of furnished apartments orother furnished living units intended forsingle-family use subject to the tax andlocated at multiple addresses butregistered under a single certificateshould file a single return covering allsuch apartments or living units byattaching to the return a scheduleshowing each apartment and its streetaddress.SEE PAGE 1 OF THIS FORM FORPAYMENT AND MAILINGINFORMATION.

An operator who terminates the businessor falls below the de minimis threshold forthree consecutive years (see, “Highlightsof Recent Rule Changes”) must file a finalreturn within 20 days from the date thebusiness was terminated. If the businesswas sold, the purchaser must also file areturn covering the period beginning onthe date of purchase. If you have fewerthan ten (10) rooms or fewer than ten(10) furnished apartments or furnishedliving units, you may not use this form.Use Form NYC-HTXB.

ELECTRONIC FILING Register for electronic filing. It is an easy,secure and convenient way to file and paythe Hotel Tax on-line. For moreinformation log on to nyc.gov/nycefile

COMPUTATION OF TAX1) This tax must be paid for everyoccupancy of each room in a hotel inthe City of New York at 5.875% of therent charged plus an amount per room

per day based on the following table:

In using the table, where an amount ofrent is charged for more than one room,whether or not a suite, if such rooms arenot otherwise rented separately, the dailyrent per room is to be determined bydividing the entire rent by the number ofrooms for which the charge is made (see"room" defined above). For example, ifthe entire charge for a suite of threerooms is $90 per day, the charge for eachroom is considered to be $30. Beginningon or after December 1, 1994 and beforeMarch 1, 2009, the per room tax is $1.50plus an additional 5% of the rent.Beginning on or after March 1, 2009 andbefore December 1, 2011, the per roomtax remains at $1.50 but the additionaltax rate has been raised to 5.875% of therent. (See instructions for Line 5).

2) Where a room occupancy is for lessthan a full day and a person pays lessthan the rent for a full day, the tax isthe same amount as would be due for afull day at the rate for a full day.

3) Where the rent covers a term longerthan one day, the rent per day iscomputed by dividing the rent for theterm by the total number of days in theterm.

4) Where the price of meals (meal plannot optional) is included in the full dayroom rent, the full day room rent is tobe adjusted in accordance with thefollowing schedule.

5) Where the price of meals (optionalmeal plan) is included in the full dayroom rent, the full day room rent is tobe reduced by the price of the meals.

6) Where the exclusive use of a room issecured by a person as an incident tothe furnishing by the operator of foodand/or drink to be served in such room,the use constitutes a taxable occupancy,

and any separate charge for rent for theoccupancy is subject to tax. If noseparate charge for the room is made tothe person, 20% of the total charge tothe guests for the food and/or drink isattributable to the use of the room bythe person, and taxable as rent. If thecharge to the guests is less than aminimum amount guaranteed by suchperson, 20% of the guaranteedminimum shall be attributable to theuse of the room by such person and istaxable as rent.

EXEMPTIONSThe following persons are exempt frompayment of the tax as hotel occupants: (a)permanent resident as defined above, and(b) organizations and associations exemptfrom the State and City Sales Tax on hotelroom rents as described in Tax Lawsection 1116(a), including the federalgovernment, the State and City of NewYork, or any agency thereof, and certainnonprofit organizations. A person orentity claiming exemption other than as apermanent resident must submit to thehotel operator a New York State SalesTax exemption certificate to obtain thisexemption.

Preparer Authorization: If you want toallow the Department of Finance todiscuss your return with the paid preparerwho signed it, you must check the "yes"box in the signature area of the return.This authorization applies only to theindividual whose signature appears in the"Preparer's Use Only" section of yourreturn. It does not apply to the firm, ifany, shown in that section. By checkingthe "Yes" box, you are authorizing theDepartment of Finance to call the preparerto answer any questions that may ariseduring the processing of your return. Also,you are authorizing the preparer to:� Give the Department any informationmissing from your return,

� Call the Department for informationabout the processing of your return orthe status of your refund or payment(s),and

� Respond to certain notices that youhave shared with the preparer aboutmath errors, offsets, and returnpreparation. The notices will not besent to the preparer. You are not authorizing the preparer toreceive any refund check, bind you toanything (including any additional taxliability), or otherwise represent youbefore the Department. Theauthorization cannot be revoked,

Instructions for Form NYC-HTX Page 3

If the total The portion of the totalcharge includes: charges subject to tax is:_____________________________________Breakfast, Lunch, Dinner ............................................50 %Lunch, Dinner .........................................................................60 %Breakfast, Dinner ..............................................................60 %Breakfast, Lunch ..................................................................70 %Dinner ...............................................................................................75 %Lunch .............................................................................................. 85 %Breakfast .......................................................................................85 %

If the rent per full dayfor the room is:

The tax per day is:_________________________________________$10 or more, but less than $20...........................................$ 0.50$20 or more, but less than $30..........................................$ 1.00$30 or more, but less than $40..........................................$ 1.50$40 or more .............................................................................................$ 2.00

Page 5: HOTEL ROOM OCCUPANCY TAX RETURN TM NYC … for Form NYC-HTX Hotel Tax Quarterly Return Finance TM NEW YORK CITY DEPARTMENT OF FINANCE. stock company, corporation, estate,

however, the authorization willautomatically expire twelve (12)months after the due date (withoutregard to any extensions) for filing thisreturn. Failure to check the box will bedeemed a denial of authority.____________________________

SPECIFIC INSTRUCTIONSLINES b AND c - For operators of furnished apartments orother furnished living units located atdifferent street addresses, enter on thisline and line c the number of rooms in alllocations.LINE d -If you are an operator renting outapartments or living units under a singlecertificate of authority in more than onebuilding attach an addendum to this formshowing the name, if any, and the addressof each building in which you rent outapartments or living units under a singlecertificate of authority on a transient basisand the number of rooms at each location.SCHEDULE A -COMPUTATION OF TAXLINE A - PAYMENTEnter the amount of payment remittedwith this return. LINES 1 TO 4 - RENT CATEGORIESEnter in the proper lines for each rentalcategory the total number of taxableoccupancies of rooms or apartmentsduring the period covered by the return. LINE 5 - ADDITIONAL TAX DUEEnter the total amount of rents or chargesfor taxable occupancies during this taxperiod. Multiply this by the tax rate,which for periods on or after Dec. 1, 1994and before March 1, 2009 is 5%.Effective for all occupancies occurring onor after March 1, 2009 and beforeDecember 1, 2011, the applicable tax rateis 5.875%.NOTE: Pursuant to recent legislativechanges the statute distinguishes between“rents” received by the operator fromoccupants and “net rents” received by theoperator from room remarketers. Thisdistinction is not relevant for purposes ofthis form. The taxpayer should include onthis line all amounts charged for taxableoccupancies during this period whetherreceived from operators, roomremarketers or other third parties.LINE 7 - TOTAL TAX COLLECTEDEnter the amount of tax collected orrequired to be collected according to the

hotel’s books and records.LINE 9 - REFUNDS AND/ORCREDITSEnter the sum of the following and attacha schedule to the return and explain on arider:a) any amount of tax paid to theDepartment of Finance in the precedingperiod and refunded in the currentperiod to a person who has become apermanent resident;

b) any amount of tax paid to theDepartment of Finance with respect torent that has been determined to beworthless, but only if the refund isrequested within one year from the dateof payment; and

c) any other credit allowable by law orregulation, provided a detailedexplanation is attached to the return.

LINE 16 - INTERESTIf the tax is not paid on or before the duedate, interest must be paid on the amountof the underpayment from the due date tothe date paid. For information regardinginterest rates, visit the Finance website atnyc.gov/finance or call 311. If callingfrom outside of the five NYC boroughs,please call 212-NEW-YORK (212-639-9675). Interest amounting to less than $1need not be paid.LINE 17 - PENALTYa) If you fail to file a return when due,add to the tax (less any payments madeon or before the due date) 5% for eachmonth or partial month the form is late,up to 25%, unless the failure is due toreasonable cause.

b) If the return is filed more than 60 dayslate, the above late filing penalty willnot be less than the lesser of 1) $100 or2) 100% of the amount required to beshown an the return less any paymentor credits claimed.

c) If you fail to pay the tax shown on thereturn by the prescribed filing date, addto the tax (less any payments made)1/2% for each month or partial monththe payment is late up to 25%, unlessthe failure is due to reasonable cause.

d) The total of the additional charges in(a) and (c) may not exceed 5% for anyone month except as provided in (b).If you claim not to be liable for theseadditional charges, a statement insupport of your claim should beattached to the return. Additional penalties may be imposedon any underpayment of the tax due tonegligence or fraud. Officers of a

corporate operator and partners in apartnership that is an operator arepersonally liable for the tax collected orrequired to be collected by thecorporation or partnership and aresubject to the above penalties.

LINE 18 - TOTALREMITTANCE DUEAdd lines 13, 16 and 17 to obtain the totalamount due. Make your check payable tothe order of:

NYC Department of FinanceFor further information, call 311, Ifcalling from outside the five NYCboroughs, call 212-NEW-YORK (212-639-9675).PRIVACY ACT NOTIFICATIONThe Federal Privacy Act of 1974, as amended,requires agencies requesting Social SecurityNumbers to inform individuals from whomthey seek this information as to whethercompliance with the request is voluntary ormandatory, why the request is being made andhow the information will be used. Thedisclosure of Social Security Numbers fortaxpayers is mandatory and is required bysection 11-102.1 of the Administrative Code ofthe City of New York. Such numbers disclosedon any report or return are requested for taxadministration purposes and will be used tofacilitate the processing of tax returns and toestablish and maintain a uniform system foridentifying taxpayers who are or may besubject to taxes administered and collected bythe Department of Finance, and, as may berequired by law, or when the taxpayer giveswritten authorization to the Department ofFinance for another department, person, agencyor entity to have access (limited or otherwise)to the information contained in his or herreturn.

Instructions for Form NYC-HTX Page 4

DID YOUR MAILING ADDRESS CHANGE?

If so, please visit us at nyc.gov/finance andclick “Update Name and Address” in the blue“Business Taxes” box. This will bring you tothe “Business Taxes Change of Name,Address or Account Information”. Update asrequired.