TITLE 19. FINANCE, TAXES AND COLLECTIONS
CHAPTER 19-2400. HOTEL ROOM RENTAL TAX
§19-2405. Reports, Returns, Payment and Collection of Tax. [328]
(1) All taxes collected by any operator in accordance
with this Chapter shall constitute a trust fund for the City and such trust
shall be enforceable against such person and any person receiving any part of
such fund without consideration, or knowing that the operator is committing a
breach of trust; provided, however, that any person receiving payment of a
lawful obligation of the operator from such fund shall be presumed to have
received the same in good faith and without any knowledge of the breach of
trust.
(2) The operator shall collect the tax imposed by this Chapter
from the patron of the room and pay it over to the City as provided hereinafter.
The operator, if he fails to collect the tax or pay it to the City when due,
shall be liable to the City for the payment of the tax to the Department as
provided in this Section.
(3) Every report and return shall be made upon
a form furnished by the Department.
(4) Every operator shall transmit to
the Department, on or before the fifteenth (15th) day of each month, a return
for the month preceding the month in which the return is made, which return
shall report the amount of consideration received for the transactions during
the month for which the return is made, the amount of tax due from the operator
for that month, and such other information as the Department may
require.
(5) Every operator, at the time of filing every return required
by this Section shall compute and pay to the Department the taxes shown as due
on the return for the period for which the return is made.
(6) Every
operator shall maintain records, which shall be made available to the Department
upon its request, which shall include, but not be limited to, the number of
transactions in each hotel reflected on an hourly, daily, or weekly basis, the
rate(s) charged for each occupancy, the consideration received from all
transactions during the month for which each return is made, as well as such
other information as the Department may require.
(7) The tax due
pursuant to this Chapter shall be collected and paid over to the City as though
it were a continuation of the tax imposed by prior Chapter 19-2400, enacted
pursuant to the act of December 7, 1982 (P.L. 808, No. 220), known as the First
Class City Hotel Room Rental Tax Act, which act, in accordance with the
provisions of Section 24 of the Pennsylvania Convention Center Authority Act,
June 27, 1986 (P.L. 124, No. 70), shall be repealed on the effective date of
this Chapter.
(8) If an operator enters the business of the renting of
hotel rooms subsequent to the effective date of this Chapter, the first return
shall be filed on the fifteenth (15th) day of the first month subsequent
thereto. The first return and tax payment due shall be for all transactions
occurring during the preceding month based upon the actual taxable transactions
during the preceding month.