Transient room tax -- Rate -- Expenditure of revenues -- Enactment or repeal of tax -- Tax rate change -- Effective date -- Notice requirements.

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  • (1)
    • (a) A county legislative body may impose a tax on charges for the accommodations and services described in Subsection 59-12-103(1)(i) at a rate of not to exceed 4.25% beginning on or after October 1, 2006.
    • (b) Subject to Subsection (2), the revenues raised from the tax imposed under Subsection (1)(a) shall be used for the purposes listed in Section 17-31-2.
    • (c) The tax imposed under Subsection (1)(a) shall be in addition to the tax imposed under Part 6, Tourism, Recreation, Cultural, Convention, and Airport Facilities Tax Act.
  • (2) If a county legislative body of a county of the first class imposes a tax under this section, beginning on July 1, 2007, and ending on June 30, 2027, each year the first 15% of the revenues collected from the tax authorized by Subsection (1)(a) within that county shall be:
    • (a) deposited into the Transient Room Tax Fund created by Section 63N-3-403; and
    • (b) expended as provided in Section 63N-3-403.
  • (3) Subject to Subsection (4), a county legislative body:
    • (a) may increase or decrease the tax authorized under this part; and
    • (b) shall regulate the tax authorized under this part by ordinance.
  • (4)
    • (a) For purposes of this Subsection (4):
      • (i) "Annexation" means an annexation to a county under Title 17, Chapter 2, County Consolidations and Annexations.
      • (ii) "Annexing area" means an area that is annexed into a county.
    • (b)
      • (i) Except as provided in Subsection (4)(c), if, on or after July 1, 2004, a county enacts or repeals a tax or changes the rate of a tax under this part, the enactment, repeal, or change shall take effect:
        • (A) on the first day of a calendar quarter; and
        • (B) after a 90-day period beginning on the date the commission receives notice meeting the requirements of Subsection (4)(b)(ii) from the county.
      • (ii) The notice described in Subsection (4)(b)(i)(B) shall state:
        • (A) that the county will enact or repeal a tax or change the rate of a tax under this part;
        • (B) the statutory authority for the tax described in Subsection (4)(b)(ii)(A);
        • (C) the effective date of the tax described in Subsection (4)(b)(ii)(A); and
        • (D) if the county enacts the tax or changes the rate of the tax described in Subsection (4)(b)(ii)(A), the rate of the tax.
    • (c)
      • (i) Notwithstanding Subsection (4)(b)(i), for a transaction described in Subsection (4)(c)(iii), the enactment of a tax or a tax rate increase shall take effect on the first day of the first billing period:
        • (A) that begins after the effective date of the enactment of the tax or the tax rate increase; and
        • (B) if the billing period for the transaction begins before the effective date of the enactment of the tax or the tax rate increase imposed under this section.
      • (ii) Notwithstanding Subsection (4)(b)(i), for a transaction described in Subsection (4)(c)(iii), the repeal of a tax or a tax rate decrease shall take effect on the first day of the last billing period:
        • (A) that began before the effective date of the repeal of the tax or the tax rate decrease; and
        • (B) if the billing period for the transaction begins before the effective date of the repeal of the tax or the tax rate decrease imposed under this section.
      • (iii) Subsections (4)(c)(i) and (ii) apply to transactions subject to a tax under Subsection 59-12-103(1)(i).
    • (d)
      • (i) Except as provided in Subsection (4)(e), if, for an annexation that occurs on or after July 1, 2004, the annexation will result in the enactment, repeal, or a change in the rate of a tax under this part for an annexing area, the enactment, repeal, or change shall take effect:
        • (A) on the first day of a calendar quarter; and
        • (B) after a 90-day period beginning on the date the commission receives notice meeting the requirements of Subsection (4)(d)(ii) from the county that annexes the annexing area.
      • (ii) The notice described in Subsection (4)(d)(i)(B) shall state:
        • (A) that the annexation described in Subsection (4)(d)(i) will result in an enactment, repeal, or change in the rate of a tax under this part for the annexing area;
        • (B) the statutory authority for the tax described in Subsection (4)(d)(ii)(A);
        • (C) the effective date of the tax described in Subsection (4)(d)(ii)(A); and
        • (D) if the county enacts the tax or changes the rate of the tax described in Subsection (4)(d)(ii)(A), the rate of the tax.
    • (e)
      • (i) Notwithstanding Subsection (4)(d)(i), for a transaction described in Subsection (4)(e)(iii), the enactment of a tax or a tax rate increase shall take effect on the first day of the first billing period:
        • (A) that begins after the effective date of the enactment of the tax or the tax rate increase; and
        • (B) if the billing period for the transaction begins before the effective date of the enactment of the tax or the tax rate increase imposed under this section.
      • (ii) Notwithstanding Subsection (4)(d)(i), for a transaction described in Subsection (4)(e)(iii), the repeal of a tax or a tax rate decrease shall take effect on the first day of the last billing period:
        • (A) that began before the effective date of the repeal of the tax or the tax rate decrease; and
        • (B) if the billing period for the transaction begins before the effective date of the repeal of the tax or the tax rate decrease imposed under this section.
      • (iii) Subsections (4)(e)(i) and (ii) apply to transactions subject to a tax under Subsection 59-12-103(1)(i).




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