Section 11-2505. Payment of tax  


Latest version.
  • At the time of filing a return of occupancy
      and of rents  each  operator  and  room  remarketer  shall  pay  to  the
      commissioner of finance the taxes imposed by this chapter upon the rents
      required  to  be  included  in  such return, as well as all other moneys
      collected by the operator or room remarketer acting or purporting to act
      under the provisions of this  chapter,  even  though  it  be  judicially
      determined  that  the  tax collected is invalidly imposed. All the taxes
      for the period for which a return is required to be filed shall  be  due
      from  the operator or room remarketer and payable to the commissioner of
      finance on the date limited for  the  filing  of  the  return  for  such
      period,  without  regard  to  whether  a  return is filed or whether the
      return which is filed correctly shows the amount of rents and the  taxes
      due  thereon. Where the commissioner of finance in his or her discretion
      deems it necessary to protect revenues to be obtained under this chapter
      he or she may require  any  operator  or  room  remarketer  required  to
      collect  the tax imposed by this chapter to file with him or her a bond,
      issued by a surety company authorized to transact business in this state
      and approved by the superintendent of insurance  of  this  state  as  to
      solvency  and  responsibility,  in  such  amount  as the commissioner of
      finance may fix, to secure the payment of any tax and/or  penalties  and
      interest  due  or  which  may  become  due  from  such  operator or room
      remarketer. In the event that the  commissioner  of  finance  determines
      that an operator or room remarketer is to file such bond he or she shall
      give  notice  to  such  operator  or  room  remarketer  to  that  effect
      specifying the amount  of  the  bond  required.  The  operator  or  room
      remarketer  shall  file  such  bond within five days after the giving of
      such notice unless within such five days the operator or room remarketer
      shall request in writing a hearing before the commissioner of finance at
      which  the  necessity,  propriety  and  amount  of  the  bond  shall  be
      determined  by  the commissioner of finance. Such determination shall be
      final and shall be complied with within fifteen days after the giving of
      notice thereof. In  lieu  of  such  bond,  securities  approved  by  the
      commissioner  of  finance  or  cash  in  such  amount  as  he or she may
      prescribe, may be deposited which shall be kept in the  custody  of  the
      commissioner  of  finance  who  may  at  any  time without notice to the
      depositor apply them to any tax and/or interest or  penalties  due,  and
      for  that  purpose the securities may be sold by him or her at public or
      private sale without notice to the depositor thereof.