Tax on lodgings; collection; additional rate to finance facilities
Sec. 6. (a) There is imposed a tax on every person engaged in the
business of renting or furnishing, for periods of less than thirty (30)
days, any room or rooms, lodging, or accommodations in any hotel,
motel, inn, university residence hall, tourist camp, or tourist cabin
located in the county. However, the tax is not imposed on the renting
or furnishing of rooms, lodgings, or accommodations to a person for
a period of thirty (30) days or more, or on the renting or furnishing
of any room, lodging, or accommodations in a university or college
residence hall to a student participating in a course of study for
which the student receives college credit from a college or university
located in the county.
(b) The tax shall be imposed at the rate of three percent (3%) on
the gross income derived from lodging income only. Except as
provided in subsection (g), the fiscal body of the county may increase
the tax rate up to a maximum rate of five percent (5%). The tax is in
addition to the state gross retail tax imposed on such persons by
IC 6-2.5.
(c) The county fiscal body may adopt an ordinance to require that
the tax be reported on forms approved by the county treasurer and
that the tax shall be paid monthly to the county treasurer. If such an
ordinance is adopted, the tax shall be paid to the county treasurer not
more than twenty (20) days after the end of the month the tax is
collected. If such an ordinance is not adopted, the tax shall be
imposed, paid, and collected in exactly the same manner as the state
gross retail tax is imposed, paid, and collected pursuant to IC 6-2.5.
(d) All of the provisions of IC 6-2.5 relating to rights, duties,
liabilities, procedures, penalties, definitions, exemptions, and
administration shall be applicable to the imposition and
administration of the tax imposed by this section except to the extent
such provisions are in conflict or inconsistent with the specific
provisions of this chapter or the requirements of the county treasurer.
Specifically, and not in limitation of the foregoing sentence, the
terms "person" and "gross income" have the same meaning in this
section as they have in IC 6-2.5, except that "person" does not
include state supported educational institutions.
(e) If the tax is paid to the department of state revenue, the returns
to be filed for the payment of the tax under this section may be either
a separate return or may be combined with the return filed for the
payment of the state gross retail tax, as the department of state
revenue may by rule determine.
(f) If the tax is paid to the department of state revenue, the
amounts received from such tax shall be paid quarterly by the
treasurer of state to the county treasurer upon warrants issued by the
auditor of state.
(g) In addition to the rates authorized in subsection (b), the county
fiscal body may adopt an ordinance to increase the tax by an
additional rate of one percent (1%) on the gross income derived from
lodging income, up to a maximum rate of six percent (6%), only to
provide funds for the purposes described in section 5(b)(6) of this
chapter.
(h) A tax rate imposed under subsection (g) may not be imposed
for a time greater than is necessary to:
(1) pay the costs of financing facilities; or
(2) assist a person with whom the board has contracted to
finance facilities;
described in section 5(b)(6) of this chapter.
(i) The county fiscal body may not take action to rescind the
additional tax imposed under subsection (g) if:
(1) the principal of or interest on any bonds;
(2) the lease rentals due under any leases; or
(3) any other obligation;
remains unpaid.
As added by Acts 1980, P.L.64, SEC.1. Amended by P.L.19-1986,
SEC.25; P.L.110-1987, SEC.1; P.L.108-1987, SEC.11; P.L.67-1997,
SEC.11; P.L.224-2003, SEC.250.
Last modified: May 28, 2006