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Matt Kesler
Matt Kesler, Accountant
Category: Tax
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Experience:  BS in Accounting and BS in Finance
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Tax exemption form Hotel Sales Tax in North Carolina

Customer Question

Not a tax exempt organization
Specifically interested in Being exempt from North Carolina hotel sales tax due to occupying a room for more than 90 Days .
The occupant of the room and the room varies as need be as it is for a company employee .
I am aware of the Sales and Technical bulletin Section 27 Part C dated 06/01/2002, Need rulings that support that teh exemption applies even if it is not for teh same person .
Submitted: 6 years ago.
Category: Tax
Expert:  Matt Kesler replied 6 years ago.
Is the room rented in the name of the corporation each time?

Or is each room rented in the name of the particular individual occupying the room each time (even if the corporation pays each time)?
Customer: replied 6 years ago.
The room is rented in the corporation name , not the individual name .

The hotel has entered into an agreement with the corporation to provide hotel rooms for employees for a period longer than 90 days .
Expert:  Matt Kesler replied 6 years ago.
Sorry for that delay. Just trying to better understand the organization of the Hotel Tax (Referred to as the Occupancy Tax in North Carolina).

This tax is collected by local municipalities so any variances will be set by those municipalities.

Therefore, I need to know in which city this hotel is located to provide an accurate answer.
Customer: replied 6 years ago.
My question is reference State slaes tax and County Occupancy specifically the county of mecklenburge city of Charlotte

Both have teh 90 day rule.

Need rulings reference that the exemption applies for corporation .
Expert:  Matt Kesler replied 6 years ago.
Here is a great support for the 90 day rule in Mecklenburg. If you look at #7 and #8 on the Instructions section of this document (the Occupancy Tax Return) you'll see it specifically state that receipts after 90 days are not owed and that once 90 days is reached days 1-89 are refunded.

http://www.charmeck.org/NR/rdonlyres/erdg4ezpbanzghitctod3z4z2kstxf76iih7vjlk5ar4y2vtytj47ieq4zyv5p3bwmxyoa2rh3nkpxsm5v4hsaf3zmf/RO+Return+and+Instructions+May+2006.pdf

However, I see no such corresponding rule for the Sales and Use Tax and nowhere that it specifically allows for multiple rooms (Although the information at the end mentions 'room or rooms' so it would seem to apply) and as long as the corporation rents each room that would be one 'person' renting the rooms.

I've never heard of the Sales and Use Tax being waived for that reason and I see no support for it's being waived.

Therefore, I am going to OPT-OUT and allow another expert to take a look at the question and hopefully provide a definitive proof for the Sales and Use Tax being waived as well since I see no sign that it would be waived for any reason.
Customer: replied 6 years ago.
Thank you .

I am aware of the existance of the 90 Day rule for both the state and the county . We have used hotels and soem seem to expemt all taxes and others seem to argue that the rule does nopt apply since tne occupant of the room is not the same person .

I have asked teh dept of rev for a ruling ,however it takes time to get one an therfore I am checking if any body can look at soem rulings refernce the same .

Best

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