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Annually I rent a beach house for a week in Emerald Isle, NC.

Customer Question
And each year I am...
Annually I rent a beach house for a week in Emerald Isle, NC. And each year I am outraged. When the 150.00 per pet fee is taxed. This is not a service or purchase, is it indeed legally taxable?
Submitted: 5 years ago.Category: Tax
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Answered in 4 hours by:
1/1/2012
Tax Professional: CGCPA, CPA replied 5 years ago
CGCPA
CGCPA, CPA
Category: Tax
Satisfied Customers: 3,820
Experience: over 40 years experience in tax matters
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Welcome to Just Answer. I am here to help you resolve your tax and finance concerns. Please feel free to ask anytime you need extra help.

It is taxable. Here is a statement from the North Carolina Department of Revenue which specifically addresses the matter in the first paragraph:


Sales and Use Tax




Retail sales of tangible personal property not subject to a reduced rate of
tax are subject to the 4.75% general State rate of sales or use tax. The general
rate of tax also applies to the rental of accommodations, to charges for
cleaning, pressing, hat blocking, and laundering of linens and apparels and to
certain digital property. The lease or rental of tangible personal property is
subject to the applicable percentage rate and the maximum tax, if any that
applies to a sale of the property that is leased or rented. Items subject to the
general rate are also subject to the 2% (2.25% in Alexander, Cabarrus, Catawba,
Cumberland, Duplin, Halifax, Haywood, Hertford, Lee, Martin, New Hanover,
Onslow, Pitt, Randolph, Robeson, Rowan, Sampson, Surry, and Wilkes Counties)
local sales and use tax rate. Mecklenburg County has an additional 0.5% Transit
County tax for public transportation in addition to the 2% local sales and use
tax rate.

A 2% local rate of sales or use tax applies to retail sales and purchases of
qualifying food; the 0.5% Transit County sales and use tax for public
transportation and the additional 0.25% local rate in the counties listed above
does not apply. Purchases of nonqualifying food are subject to the general rate
of State tax and the applicable local tax. For additional information on the
taxation of food, refer to Section 19 of the Sales and
Use Tax Technical Bulletins
.

A 3% State rate of sales or use tax applies to retail sales of aircraft and
boats with a maximum tax of $1,500 per article. A 2% State rate of sales or use
tax applies to retail sales of manufactured homes with a maximum tax of $300 per
article. A 2.5% State rate of sales or use tax applies to sales of modular
homes.

In those instances where a sales tax has not been paid on taxable items, a
use tax at the applicable rate applies on property purchased or received from
within or without this State for storage, use, or consumption in this State.

Every person engaged in business in North Carolina is required to register
with the Department and collect and remit the tax due on all taxable tangible
personal property, taxable services or certain digital property sold or
delivered for storage, use, or consumption in North Carolina. Every person who
purchases any taxable tangible personal property, taxable services or certain
digital property for storage, use, or consumption in North Carolina for business
use from out-of-state vendors upon which the tax has not been fully paid must
register with the Department and remit the tax due on such purchases. To
register for sales and use tax purposes, Registration Application, Form NC-BR, must
be completed and mailed to the Department. All registrants will be furnished
returns to be used in reporting and remitting all sales and use taxes due.

The tax is to be reported to the Department on the Sales and Use Tax Return, Form E-500.
Information about the filing frequency and due date requirements can be found in
Filing Frequency and Due Dates. For
additional information on sales and use tax, refer to Sales and Use Tax Technical
Bulletins
.

You can read this on line at the Department of Revenue web page available at the following link:

http://www.dornc.com/taxes/sales/salesanduse.html

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Customer reply replied 5 years ago
Thanks for your help. It does not specifically state pet fee...what's paid for the privledge to bring the pets! I understand service fees. Oh well can't fight city hall, so to speak! Thanks again and have a great day.
Tax Professional: CGCPA, CPA replied 5 years ago
The pet fee is a part of the accomodations fees. So, the government is making sure to not miss any of it.
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