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§ 7209. Definitions

Purdon's Pennsylvania Statutes and Consolidated StatutesTitle 72 P.S. Taxation and Fiscal AffairsEffective: January 22, 2019

Purdon's Pennsylvania Statutes and Consolidated Statutes
Title 72 P.S. Taxation and Fiscal Affairs
Chapter 5. Tax Reform Code of 1971 (Refs & Annos)
Article II. Tax for Education (Refs & Annos)
Part V. Hotel Occupancy Tax (Refs & Annos)
Effective: January 22, 2019
72 P.S. § 7209
§ 7209. Definitions
(a) For the purposes of this part V only, the following words, terms and phrases shall have the meaning ascribed to them in this subsection, except where the context clearly indicates a different meaning:
(1) Deleted by 2018, Oct. 24, P.L. 707, No. 109, § 1, effective in 90 days [Jan. 22, 2019].
(1.1) “Accommodation fee.” The amount by which the rent exceeds the discount room charge, if any.
(1.2) “Booking agent.” A person or entity which facilitates or collects payment for hotel accommodations on behalf of or for an operator. The term “booking agent” shall not include a person who merely publishes advertisements for accommodations.
(1.3) “Discount room charge.” The amount charged by an operator to a booking agent in connection with the sale of an accommodation by the booking agent.
(1.4) “Hotel.” A building or buildings in which the public may, for consideration, obtain sleeping accommodations. The term “hotel” shall not include any charitable, educational or religious institution summer camp for children, hospital or nursing home.
(2) “Occupant.” A person (other than a “permanent resident,” as defined herein,) who, for a consideration, uses, possesses or has a right to use or possess any room or rooms in a hotel under any lease, concession, permit, right of access, license or agreement.
(3) “Occupancy.” The use or possession or the right to the use or possession by any person (other than a “permanent resident,”) of any room or rooms in a hotel for any purpose or the right to the use or possession of the furnishings or to the services and accommodations accompanying the use and possession of the room or rooms.
(4) “Operator.” Any person operating a hotel or acting as a booking agent.
(5) “Permanent resident.” Any occupant who has occupied or has the right to occupancy of any room or rooms in a hotel for at least thirty consecutive days.
(6) “Rent.” The consideration received for occupancy valued in money, whether received in money or otherwise, including all receipts, cash, credits and property or services of any kind or nature, accommodation fees and any amount for which the occupant is liable for the occupancy without any deduction therefrom whatsoever, including any amount charged by a booking agent. The term “rent” shall not include a gratuity.
(b) The following words, terms and phrases and words, terms and phrases of similar import, when used in parts IV and VI of this article1 for the purposes of those parts only, shall, in addition to the meaning ascribed to them by section 201 of this article,2 have the meaning ascribed to them in this subsection, except where the context clearly indicates a different meaning:
(1) “Maintaining a place of business in this Commonwealth,” being the operator of a hotel in this Commonwealth.
(2) “Purchase at retail,” occupancy.
(3) “Purchase price,” rent.
(4) “Purchaser,” occupant.
(5) “Sale at retail,” the providing of occupancy to an occupant by an operator.
(6) “Tangible personal property,” occupancy.
(7) “Vendor,” operator.
(8) “Services,” occupancy.
(9) “Use,” occupancy.

Credits

1971, March 4, P.L. 6, No. 2, art. II, § 209. Amended 1974, May 2, P.L. 269, No. 75, § 2, imd. effective; 2018, Oct. 24, P.L. 707, No. 109, § 1, effective in 90 days [Jan. 22, 2019].

Footnotes

72 P.S. §§ 7208 and 7215 to 7277.
72 P.S. § 7201.
72 P.S. § 7209, PA ST 72 P.S. § 7209
Current through Act 11 of the 2024 Regular Session. Some statute sections may be more current, see credits for details.
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